[2024] NZEnvC 076 McDonnell v Auckland Council [pdf, 316 KB]
...cross leased property to separate 4 freehold titles is a subdivision of land.2 Section 11 of the RMA provides that no person may subdivide land unless the subdivision is expressly allowed by a resource consent or does not contravene a national environmental standard or a rule in a district plan. AUP provisions [10] Chapter E38 of the AUP provides for urban subdivision. The conversion of a cross lease to a fee simple title is a controlled activity.3 However, if the convers...