Malcolm Smith Consulting is fully aware of the relevance and importance of these legislations, and how those undertaking Land Development and Subdivision must consider them.

Beyond The Resource Management Act, New Zealand has a suite of “land’ based legislations that control and influence Land Development and Subdivision.

These legislations are quite specific in nature and deal with a range of issues and matters that are of relevance to those dealing in Land Development and Subdivision.

Some of these matters are as follows,

  • Real property rights and interests in land, including the concept of estates and interests in land.
  • Fundamental principles of New Zealand land law including legal and equitable interests in land, the doctrine of tenure, the physical extent of a landholder’s rights in her or his land, and the concept of “title” in New Zealand.
  • The “Torrens” system of registration of title to land, and how the law deals with competition between interests in land.
  • Concurrent ownership in the context of acquisition, exercise and disposition of estates and interests in land.
  • Leasehold estates and methods of flat and office ownership.
  • The concept of “stratum” estates and Unit ownership.
  • Rights or interests in the land of another, including easements, covenants and mortgages.
  • The application of Maori customary title, the Te Ture Whenua Maori 1993 (Maori Land Act 1993), and recent legislative developments in the area of Maori land law.