Section 407 — Resource Management Act 1991: Subdivision consent conditions

407 Subdivision consent conditions (1) Where an application for a subdivision consent is made in respect of land for which there is no district plan, or where the district plan does not include relevant provisions of the kind contemplated by section 108(2)(a) or 220(1)(a) , the territorial authority may impose, as a condition of the subdivision consent, any condition that could have been imposed under sections 283 , 285 , 286 , 291 , 321A , or 322 , as the case may be, of the Local Government Act 1974 if those sections had not been repealed by this Act. (2) For the purposes of subsection (1) , every reference in sections 283 , 285 , 286 , 291 , 321A , and 322 of the Local Government Act 1974 — (a) To an application for the approval of a scheme plan, shall be deemed to be a reference to an application for a resource consent; and (b) To an allotment on a scheme plan, shall be deemed to be a reference to the allotments in respect of which a subdivision consent is sought. (3) Notwithstanding the limitation on the imposition of conditions in section 105(1) , where an application is made for a subdivision consent and the subdivision is deemed to be a controlled activity under section 405 , conditions may be imposed under sections 108 and 220 . (4) This section applies to applications for subdivision consent in respect of every kind of subdivision of land within the meaning of section 218(1) , including (but not by way of limitation) any subdivision to be effected by the grant of a company lease or cross lease or by deposit of a unit title. (5) 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) was amended, as from 17 December 1997, by section 64 Resource Management Amendment Act 1997 (1997 No 104) by substituting the expression “ 108(2)(a) ” for the expression “ 108(1)(a) ” . See section 78 of that Act as to the transitional provisions. Section 407 was amended, as from 5 December 1991, by regulation 4 Resource Management (Transitional Provisions) Regulations (No 2) 1991 (SR 1991/256) to be read as if subss (3) and (4) were inserted. Subsections (3), (4) and (5) were inserted, as from 7 July 1993, as from 7 July 1993, by section 193 Resource Management Amendment Act 1993 (1993 No 65).