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).