Section 243 — Resource Management Act 1991: Survey plan approved subject to grant or reservation of easements

243 Survey plan approved subject to grant or reservation of easements Where a subdivision consent is granted or any certificate of title is issued subject to a condition that any specified easements be granted or reserved, the following provisions apply: (a) No such easement shall— (i) Be surrendered by the owner of the dominant tenement; or (ii) In the case of an easement in gross, be surrendered by the grantee of the easement; or (iii) Be merged by transfer to the owner of the dominant or servient tenement; or (iv) Be varied— except with the written consent of the territorial authority: (b) The territorial authority shall not approve the survey plan unless there is endorsed on the survey plan a memorandum showing, with respect to each such easement, which is the dominant tenement and which is the servient tenement or, in the case of an easement in gross, the name of the proposed grantee and which is the servient tenement: (c) The District Land Registrar or the Registrar of Deeds shall refuse to register any instrument of transfer or conveyance or lease or other disposition of any allotment shown on the survey plan, unless the Registrar is satisfied that all easements so specified which are appurtenant to that allotment or to which that allotment is subject have been duly granted or reserved or will by the registration of that instrument be granted or reserved: (d) The District Land Registrar or the Registrar of Deeds shall endorse on the instrument by which the easement is granted or reserved, and also on any relevant certificates of title, a memorial that the easement is subject to the provisions of this section: (e) 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, revoke the condition in whole or part: (f) When a territorial authority cancels a condition in whole or in part, then— (i) Where the survey plan has not been approved by the Chief Surveyor, a memorandum of the cancellation shall be endorsed on the survey plan: (ii) 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 condition has been cancelled in whole or in part, and the District Land Registrar or the Registrar of Deeds must note the records accordingly. Section 243 was amended, as from 7 July 1993, by section 130(1) Resource Management Amendment Act 1993 (1993 No 65) by inserting the words “ or any certificate of title is issued ” . Paragraph (a)(iii) was amended, as from 7 July 1993, by section 130(2) Resource Management Amendment Act 1993 (1993 No 65) by inserting the words “ dominant or ” . Paragraph (f) was substituted, as from 7 July 1993, by section 130(3) Resource Management Amendment Act 1993 (1993 No 65). Paragraph (f)(ii) was substituted, as from 17 December 1997, by section 48 Resource Management Amendment Act 1997 (1997 No 104). See section 78 of that Act as to the transitional provisions. Paragraph (f)(ii) 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.