Section 224 — Resource Management Act 1991: Restrictions upon deposit of survey plan

224 Restrictions upon deposit of survey plan No survey plan shall be deposited under the Land Transfer Act 1952 or with the Registrar of Deeds for the purposes of section 11(1)(a) unless— (a) [Repealed] (b) Where land shown on the survey plan will vest in the Crown or a territorial authority, there is endorsed on the survey plan or deposited with the District Land Registrar or Registrar of Deeds, written consent to the subdivision given by— (i) In the case of land subject to the Land Transfer Act 1952 , every registered proprietor of an interest, including any encumbrance, in the land; or (ii) In the case of land not subject to that Act, every person having an interest, including any encumbrance, in the land that is evidenced by an instrument registered under the Deeds Registration Act 1908 ; and (c) There is lodged with the District Land Registrar or the Registrar of Deeds, as the case may require, a certificate signed by the chief executive or other authorised officer of the territorial authority stating that, it has approved the survey plan under section 223 (which approval states the date of the approval), and all or any of the conditions of the subdivision consent have been complied with to the satisfaction of the territorial authority and that in respect of such conditions that have not been complied with— (i) A completion certificate has been issued in relation to such of the conditions to which section 222 applies: (ii) A consent notice has been issued in relation to such of the conditions to which section 221 applies: (iii) A bond has been entered into by the subdividing owner in compliance with any condition of a subdivision consent imposed under section 108(2)(b) ; and (d) There is lodged for registration with the District Land Registrar or the Registrar of Deeds, as the case may require, a consent notice in respect of any conditions of a kind referred to in paragraph (c)(ii) ; and (e) In relation to any unit plan, the requirements of the Unit Titles Act 1972 and the Unit Titles Amendment Act 1979 relating to the deposit of a unit plan have been complied with; and (f) In the case of a subdivision of land to be effected by the grant of a cross lease or company lease, or by the deposit of a unit plan, the territorial authority is satisfied on reasonable grounds that every existing building or part of an existing building (including any building or part thereof under construction) to which the cross lease, company lease, or unit title plan relates complies with or will comply with the provisions of the building code described in section 116A of the Building Act 2004 , and a certificate authenticated by the territorial authority under section 252 of the Local Government Act 1974 is lodged with the District Land Registrar or Registrar of Deeds, as the case may require; and (g) Where land is shown upon the survey plan to be subject to an esplanade strip, there is lodged for registration with the District Land Registrar or the Registrar of Deeds, as the case may be, an instrument creating that strip; and (h) less than 3 years has elapsed since the territorial authority approved the plan under section 223 . Paragraph (a) was repealed, as from 1 June 2002, by section 65(4) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11). Paragraph (b) was amended, as from 7 July 1993, by section 119(1) Resource Management Amendment Act 1993 (1993 No 65) by substituting in subparas (i) and (ii) the words “ , including any encumbrance, in ” for the words “ in or encumbrance on ” . Paragraph (c) was amended, as from 7 July 1993, by section 119(2) Resource Management Amendment Act 1993 (1993 No 65) by inserting the words “ or other authorised officer ” . Paragraph (c) was amended, as from 1 June 2002, by section 65(4) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11), by inserting the words “ , it has approved the survey plan under section 223 (which approval states the date of the approval), and ” after the words “ stating that ” . See section 78 of that Act as to the transitional provisions. Paragraph (c) was amended, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84) by substituting the words “ chief executive ” for the words “ principal administrative officer ” . See sections 273 to 314 of that Act as to the savings and transitional provisions. Paragraph (c)(iii) was amended, as from 17 December 1997, by section 42(1) Resource Management Amendment Act 1997 (1997 No 104) by substituting the expression “ 108(2)(b) ” for the expression “ 108(1)(b) ” . Paragraphs (d) and (e) were amended, as from 7 July 1993, by section 119(2) Resource Management Amendment Act 1993 (1993 No 65) by adding the word “ ; and ” . Paragraph (f) was inserted, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150). Paragraph (f) was substituted, as from 7 July 1993, by section 119(3) Resource Management Amendment Act 1993 (1993 No 65). Paragraph (f) was amended, as from 17 December 1997, by section 42(2) Resource Management Amendment Act 1997 (1997 No 104) by substituting the words “ existing building or part of an existing building (including any building or part thereof under construction) ” for the words “ building or part of a building ” . See section 78 of that Act as to the transitional provisions. Paragraph (f) was amended, as from 31 March 2005, by section 414 Building Act 2004 (2004 No 72) by substituting the words “ section 116(3) of the Building Act 2004 ” for the words “ section 46(4) of the Building Act 1991 ” . See subpart 4 of Part 5 of that Act (comprising sections 416 to 451) as to the transitional provisions. Paragraph (f) was amended, as from 14 April 2005. by section 14(2) Building Amendment Act 2005 (2005 No 31) by substituting the words “ described in section 116A ” for the words “ specified in section 116(3) ” . Paragraph (g) was inserted, as from 7 July 1993, by section 119(2) Resource Management Amendment Act 1993 (1993 No 65). Paragraph (g) was amended, as from 1 June 2002, by section 65(4) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11), by inserting the expression “ ; and ” . Paragraph (h) was inserted, as from 1 June 2002, by section 65(4) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11).