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Ready access to information, resources and tools for all land-related and Crown property dealings.

Residential property development

Find what you need to undertake your clients’ business easily and efficiently.

Transacting land transfers? Here you‘ll find references you need for all land dealings. Use our regulatory document search to quickly find regulations and guidelines. Consult user guidelines for e-dealing and e-search before working through the land registration process on Landonline.  Avoid unnecessary delays by checking for common errors.  You can also tap into advice on aspects such as handling supporting documents and what your options are when receiving rejections.

Buying ‘sensitive’ or high-value New Zealand assets on behalf of a client? You can check the fees, learn about the application process, search for helpful resources or review our library of Overseas Investment Office decision summaries. 

Need to know more about Crown land processes? View the status and location of Crown pastoral land. Check the tenure review process for leases or check the standards and guidelines for acquiring Crown land.

Working with land that is part of a Treaty settlement? Consult the regulations and standards governing that govern administration and disposal of these resources.

Creating roads in subdivisions - dealing with covenants and easements

In October 2020, the Registrar-General of Land (RGL) advised that creating roads by transfer and dedication is not a permitted alternative to the vesting process under the Resource Management Act 1991 (RMA), which requires the consent of everyone with a registered interest in the land (see Landwrap October 2020 - Issue 161).

The RGL confirms his advice and notes:

  • While the Privy Council’s decision in Man O’War Station Limited v Auckland City Council (No 2) confirmed that the common law principle of implied dedication applies in NZ, that case did not involve a subdivision under the RMA or the equivalent legislation at the time. In fact the Court of Appeal in its judgment on the case was clear that common law dedication could not be used where a statute (such the RMA) prescribes the mode of dedication.
  • If obtaining consents from everyone with an interest in a covenant or easement is difficult, an alternative is to apply under section 317 of the Property Law Act 2007 (PLA) for the covenant or easement to be varied. There have been cases involving these provisions, and section 317 was amended in 2018 providing further grounds for modifying or extinguishing a covenant.
  • The reform of the resource management system including the proposed Natural and Built Environment Act provides an opportunity to consider whether provisions governing subdivisions (including creating roads) are fit for purpose. You can find out more about the reform process at Resource management system reform | Ministry for the Environment.

The RGL will expand on this commentary in his regular column in the November issue of The Property Lawyer magazine.

Related links:

Changes under the new Land Transfer Act 2017

The Land Transfer Act 2017 (the Act), which came into effect on 12 November 2018, is modernising how land ownership is registered in New Zealand. Following consultation with stakeholders and the public the legislation was updated to become more accessible, maintain the certainty of property rights, and enable the register to be managed electronically. 
Supporting the Act are a number of new regulations, standards and directives, which you can learn about at:

Land Transfer Act 2017