RGL rulings - Application of section 226A Resource Management Act 1991

Section 226A of the Resource Management Act 1991 provides an exemption in respect of the renewal of existing cross or company leases.

Section 226A of the Resource Management Act 1991 allows a new cross or company lease to be registered in renewal of, or substitution for, an existing lease, where the building to be leased is shown on a plan deposited in the land registry office prior to 1 October 1991.

Generally speaking, the lessee under the new lease need not be the same person as the original lessee in order to take advantage of this exemption. If, however, it is intended that encumbrances from the prior lease are to be brought forward onto the new cross or company lease, section 95 of the Land Transfer Act 2017 applies and the lessee of the replacement lease must be same person (or that person's personal representative) as the prior lessee.