Section 228 — Resource Management Act 1991: Subdivision by the Crown
Text of the provision Official document
228 Subdivision by the Crown (1) Where a survey plan of a subdivision by or on behalf of a Minister of the Crown of land not subject to the Land Transfer Act 1952 has been approved by a territorial authority under section 223 ,— (a) Subject to subsection (2) , the approval by the Chief Surveyor of the land district in which the land is situated of the survey plan of the subdivision has effect as if it were the deposit of a survey plan in accordance with section 224 ; and (b) The land is then deemed to be subject to the Land Transfer Act 1952 and, subject to subsection (2) , a certificate of title for the land may be issued by the District Land Registrar in the name of Her Majesty the Queen at the request of— (i) The Director-General of Conservation if the land is a conservation area within the meaning of the Conservation Act 1987 , or a reserve under the Reserves Act 1977 , or a national park under the National Parks Act 1980 , or a wildlife sanctuary or wildlife refuge under the Wildlife Act 1953 ; or (ii) The Surveyor-General or other officer authorised in writing by the Surveyor-General in every other case—
as if section 16 of the Land Transfer Act 1952 applied. (2) Section 224 shall apply, with all necessary modifications, to a survey plan to which this section applies and the District Land Registrar shall not issue a certificate of title for any land that is shown as a separate allotment on a survey plan approved by a Chief Surveyor unless section 224 is complied with. Subsection (1) was amended, as from 7 July 1993, by section 123(1) Resource Management Amendment Act 1993 (1993 No 65) by inserting the words “ of land not subject to the Land Transfer Act 1952 ” . Subsection (1)(b)(i) was amended, as from 7 July 1993, by section 123(2) Resource Management Amendment Act 1993 (1993 No 65) by inserting the words “ , or a Reserve . . . Wildlife Act 1953 ” . Subsection (1)(b)(ii) was amended, as from 7 July 1993, by section 123(3) Resource Management Amendment Act 1993 (1993 No 65) by inserting the words “ or other officer . . . Surveyor-General ” .
Official source: legislation.govt.nz
Search case law on this topic
See judgments from New Zealand courts and tribunals with a plain-English summary and legal holding.
Explore case law →