Section 406 — Resource Management Act 1991: Grounds of refusal of subdivision consent

406 Grounds of refusal of subdivision consent (1) Notwithstanding anything to the contrary in Parts 6 or 10 , a territorial authority— (a) may refuse to grant a subdivision consent if it considers that either— (i) The land in respect of which the subdivision is proposed is not suitable; or (ii) The proposed subdivision would not be in the public interest: (b) May refuse to grant a subdivision consent if in the case of any allotment in respect of which a subdivision consent is sought, adequate provision has not been made or is not practicable— (i) For stormwater drainage; or (ii) For the disposal of sewage; or (iii) Except in the case of any allotment to be used solely or principally for rural purposes, for the supply of water or electricity. (2) This section shall cease to have effect in a district on the date that the proposed district plan for the district becomes operative, not being a proposed district plan constituted under section 373 . Subsection (1)(a) was amended, as from 1 August 2003, by section 91 Resource Management Amendment Act 2003 (2003 No 23) by substituting the words “ may refuse to grant ” for the words “ Shall not grant ” . See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsection (2) was inserted, as from 7 July 1993, by section 192 Resource Management Amendment Act 1993 (1993 No 65).