Subject to Section 241(2) Resource Management Act 1991

Sometimes you might see a reference on a certificate of title to the Resource Management Act. One reference that we have come across recently is a registered interest on a title being “Subject to Section 241 (2) of the Resource Management Act 1991″.

This section of the Act is particularly relevant if there are any planned subdivisions for your property as this section relates to conditions as to amalgamation of land.

If your property is subject to this condition or similar it would be a good idea to talk to your local Council planner or subdivision officer about any proposed subdivision. They will be able to help you review the conditions of the subdivision consent that imposed the restriction and can advise if future subdivision would be possible.

This section of the Act states (as at 27 March 2015):

241 Amalgamation of allotments

(1)Where a subdivision consent includes a condition under section 220(1)(b) which requires, in accordance withsection 220(2)(a), that land be held in a particular certificate of title,—

    • (a)the condition shall be endorsed on the survey plan; and
    • (b)the Registrar-General of Land shall not deposit the survey plan under the Land Transfer Act 1952 or in the Deeds Register Office, as the case may be; and
    • (c)in respect of a subdivision of the Crown, the Registrar-General of Land 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,—

until he or she is satisfied that the condition has been complied with as fully as may be possible in the office of the Registrar-General.

(2)When a condition of the kind referred to in subsection (1), or a similar condition under the corresponding provision of any previous enactment, has been complied with,—

    • (a)the separate parcels of land included in the certificate of title in accordance with the condition shall not be capable of being disposed of individually, or of again being held under separate certificates of title, except with the approval of the territorial authority; and
    • (b)on the issue of the certificate of title, the Registrar-General of Land shall enter on the certificate of title a memorandum that the land is subject to this section.

(3)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 condition described in subsection (2).

(4)When a territorial authority cancels a condition 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 Registrar-General of Land 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 Registrar-General of Land must note the records accordingly.

Section 241(1): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 241(1)(b): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 241(1)(c): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 241(2): amended, on 7 July 1993, by section 128(1) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 241(2)(b): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 241(3): inserted, on 7 July 1993, by section 128(2) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 241(4): inserted, on 7 July 1993, by section 128(2) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 241(4)(b): replaced, on 17 December 1997, by section 47 of the Resource Management Amendment Act 1997 (1997 No 104).

Section 241(4)(b): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 241(4)(b): amended, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

 

 

Easter 2015 Holiday Break

Hopefully shortly you are taking an Easter break with us :)

Just a reminder that orders placed after close of business on Thursday April 2 until Monday April 6 will be delivered on Tuesday April 6th. The store remains open for orders, but please allow for this delay.

Have a safe and fun holiday break.

February Prize Draw

Oh my gosh, it’s mid-March and I’m only just catching up on February’s prize draw! Sorry about that folks, we’ll fit them all in and catch up for the year. This year is going a bit crazy!

This month’s prize is a bottle of Man O’ War Waiheke Sauvignon Blanc. I chose this wine because we visited Man O War over summer on a Waiheke day trip and it was Amazing! It’s a bloody long way off the beaten trail on Waiheke – you’d be best with a 4WD as it’s about 30 minutes of gravel road driving – but well worth it. A beautiful bay, and delicious wines too.

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The winner this month is Grant from 200 Square, I trust you’ll enjoy this excellent wine and if you have not already, I highly recommend checking out their winery.

We’ll announce the March winner later this month so if you’d like to be in to win, please sign up for our monthly newsletter here, or tick the box when placing your next order. Then we’ll be back on track for April’s prize draw!

Christmas and New Years Shutdown 2014/2015

We’re taking a break over Christmas and New Years (as many of you will, I hope) so orders placed after midday Dec 24 until Jan 4th will be delivered on Jan 5th. The store remains open for orders, but please allow for this delay.

Have a safe and fun holiday break and we look forward to helping you with your certificates of title in the new year.

November Monthly Prize Draw

The prize this month is a bottle of Vidal Reserve Series Sauvignon Blanc and the winners are Len and Donna Hogg from Kiwi Span NZ! It’s well and truly getting into white wine weather now (or at least it is up north!) so I hope you’ll enjoy this Sav from Marlborough.

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We’ll announce the next winner early in December and it’ll be a bumpr Christmas prize draw! So if you’d like to be in to win, please sign up for our monthly newsletter here, or tick the box when placing your next order

October Monthly Prize Draw Winner

The prize this month is a bottle of Esk Valley Merlot Malbec Rose and the winner is Tom Anderson from Incite in Khandallah! Tom, your bottle of wine is on the way to you this week. After the terrible weather lately, I know it may feel too early to start thinking about sipping a cool rose on a sunny afternoon, but we have to think positive!

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We’ll announce the next winner early in November, so if you’d like to be in to win, please sign up for our monthly newsletter here, or tick the box when placing your next order.

Construction Industry and Consents Rising

If you follow interest.co.nz you may have seen the news that construction industry revenue is on the rise, and consents are growing too.

At Cheap Titles I have noticed an increase in resource consent enquiries, so perhaps everyone is coming out of winter hibernation early and getting started on their building projects!

If you’d like to discuss your requirements for a resource consent, or need some help with council red tape, please get in touch for a chat.

New Credit Card Payment Method

Just quick update. For those of you not on a monthly account, you may have noticed we now support a new credit card payment system. PayPal is still there for those who prefer it, but we have had a number of customers tell us PayPal is not working well for them, so hopefully the new simpler system will make it even easier to order titles. We do listen to your feedback, so please keep it coming!

Also if you’re not on a monthly account, and would like to be, please contact us.

September Monthly Prize Draw Winner

The prize this month is a bottle of Trinity Hill Merlot and the winner is David Don, from Bruce Welsh Architects in Wellington! David, your bottle of wine is on the way to you this week, I hope a nice smooth merlot will help warm those cold Wellington nights!

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We’ll announce the next winner early in October, so if you’d like to be in to win, please sign up for our monthly newsletter here, or tick the box when placing your next order.