Section 226 — Resource Management Act 1991: Restriction upon issue of certificates of title for subdivision

226 Restriction upon issue of certificates of title for subdivision (1) A District Land Registrar shall not issue a certificate of title for any land that is shown as a separate allotment on a survey plan (being a certificate issued to give effect to the subdivision shown on that survey plan), unless he or she is satisfied, after due inquiry, that— (a) The plan has been deposited in accordance with section 224 or has been approved by the Chief Surveyor for the purposes of section 228 and the provisions of section 228(2) have been complied with; or (b) The plan has been deposited in accordance with section 306 of the Local Government Act 1974 or was a Crown plan to which section 306(7) of the Local Government Act 1974 applied; or (ba) The plan has been approved under Part 25 of the Municipal Corporations Act 1954; or (bb) The plan has been approved under Part 2 of the Counties Amendment Act 1961 ; or (bc) The plan did not require the approval of the council under Part 2 of the Counties Amendment Act 1961 and was deposited under the Land Transfer Act 1952 after the said Part 2 came into force; or (c) The plan has been deposited in accordance with the Unit Titles Act 1972 ; or (d) The certificate of title is issued to enable effect to be given to any agreement for sale and purchase or agreement to lease or other contract to create an interest in land or a building or part of a building made before the commencement of this Act; or (e) The territorial authority has given a certificate signed by the principal administrative officer or other authorised officer to the effect— (i) That there is no district plan for the area to which the survey plan relates, and that the allotment is in accordance with the requirements and provisions of the proposed district plan; or (ii) That the allotment is in accordance with the requirements and provisions of the district plan and the proposed district plan (if any) for the area to which the survey plan relates; or (iii) That the allotment is in accordance with a permission or permissions granted under Part 2 or Part 4 of the Town and Country Planning Act 1977. (2) Nothing in section 11 shall apply to the issue of a certificate of title pursuant to subsection (1) . Subsection (1)(ba), (bb), and (bc) were inserted, as from 7 July 1993, by section 120 Resource Management Amendment Act 1993 (1993 No 65). Subsection (1)(e) was amended, as from 1 August 2003, by section 72 Resource Management Amendment Act 2003 (2003 No 23) by substituting the words “ given a certificate signed by the principal administrative officer or other authorised officer to the effect ” for the words “ certified on the survey plan or a copy of the survey plan ” . See sections 109 to 113 of that Act as to the transitional and savings provisions.