Section 240 — Resource Management Act 1991: Covenant against transfer of allotments

240 Covenant against transfer of allotments (1) Where a subdivision consent includes a condition under section 220(1)(b) which requires that the owner enter into a covenant with the territorial authority of the kind referred to in section 220(2)(a) , the territorial authority— (a) Shall not approve the survey plan unless the owner has entered into such a covenant; and (b) When the covenant has been entered into, shall endorse on the survey plan a certificate to this effect. (2) Where a survey plan is endorsed with a certificate of the kind referred to in subsection (1)(b) ,— (a) The District Land Registrar shall not deposit the survey plan under the Land Transfer Act 1952 , and (in respect of a subdivision by the Crown) shall not issue a certificate of title for any separate allotment on a survey plan approved by the Chief Surveyor for the purposes of section 228 ; and (b) The Registrar of Deeds shall not deposit the survey plan in the Deeds Register Office,— unless the covenant referred to in the certificate has been lodged for registration. (3) Every covenant referred to in subsection (1) shall be in writing, be signed by the owner, be signed by the chief executive or other authorised officer of the territorial authority, and be deemed— (a) To be an instrument capable of registration under the Land Transfer Act 1952 and, when so registered, to create in favour of the territorial authority an interest in the land in respect of which it is registered, within the meaning of section 62 of that Act; and (b) To run with the land and bind subsequent owners. (4) The territorial authority may at any time, whether before or after the survey plan has been deposited in the Land Registry Office or the Deeds Register Office, cancel, in whole or in part, any covenant imposed under this section or under the corresponding provision of any former enactment. (5) When a territorial authority cancels a covenant in whole or in part, then— (a) Where the survey plan has not been approved by the Chief Surveyor, a memorandum of the cancellation shall be endorsed on the survey plan: (b) Where the survey plan has been approved by the Chief Surveyor or deposited, the territorial authority must forward to the District Land Registrar or Registrar of Deeds a certificate signed by the chief executive or other authorised officer of the territorial authority to the effect that the covenant has been cancelled in whole or in part, and the District Land Registrar or the Registrar of Deeds must note the records accordingly. Subsection (3) was amended, as from 17 December 1997, by section 46(1) Resource Management Amendment Act 1997 (1997 No 104) by substituting the words “ be signed by the principal administrative officer or other authorised officer ” for the words “ have affixed to it the common seal ” . See section 78 of that Act as to the transitional provisions. Subsection (3) 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. Subsections (4) and (5) were inserted, as from 7 July 1993, by section 127 Resource Management Amendment Act 1993 (1993 No 65). Subsection (5)(b) was substituted, as from 17 December 1997, by section 46(2) Resource Management Amendment Act 1997 (1997 No 104). See section 78 of that Act as to the transitional provisions. Subsection (5)(b) 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.