Community Land Development Act 1989 No 201
Current version for 1 January 2014 to date (accessed 29 November 2014 at 09:45)
Part 3

Part 3 Neighbourhood schemes

18   Neighbourhood scheme other than subsidiary scheme

(1)  In order to establish a neighbourhood scheme that is not part of a community scheme or precinct scheme, land that is not part of a community parcel, precinct parcel or strata parcel may be subdivided by the registration of a neighbourhood plan as a deposited plan.
(2)  A neighbourhood plan must include, as sheets of the plan:
(a)  a location diagram, and
(b)  a detail plan, and
(c)  a neighbourhood property plan, and
(d)  an initial schedule of unit entitlements.
(3)  The Registrar-General may refuse to register a neighbourhood plan as a deposited plan unless:
(a)  the plan complies with Schedule 1, and
(b)  the initial schedule of unit entitlements complies with Schedule 11, and
(c)  there is endorsed on the plan the address at which documents may be served on the association constituted on registration of the plan, and
(d)  the documents referred to in subsection (4) are lodged for registration with the plan.
(4)  The documents required to be lodged for registration with a neighbourhood plan are:
(a)  a neighbourhood management statement that complies with Schedule 4 and that, on registration, will become binding in accordance with section 13 of the Community Land Management Act 1989, and
(b)  a development contract that complies with Schedule 2 and that will become binding in accordance with section 15 of the Community Land Management Act 1989.
(5)  On registering the neighbourhood plan, the Registrar-General:
(a)  is to make in the folio for the neighbourhood property the recordings required by Schedule 5, and
(b)  may make in the folio for a neighbourhood lot a recording relating to the neighbourhood property, and
(c)  may make such other recordings and notations as the Registrar-General thinks fit.
(6)  The documents registered with the plan form part of the plan.

19   Consolidation of neighbourhood lots

(1)  Two or more, but not all, of the neighbourhood lots in a neighbourhood plan may, whether or not the neighbourhood scheme is part of a community scheme, be consolidated by the registration of a neighbourhood plan of consolidation as a deposited plan.
(2)  A neighbourhood plan of consolidation must include as sheets of the plan:
(a)  an additional sheet for the detail plan of the neighbourhood plan showing the boundaries of the consolidated lot, and
(b)  a replacement sheet for the initial or revised schedule of unit entitlements for the neighbourhood plan in the approved form that differs from the existing schedule only by showing as the unit entitlement for the consolidated lot the sum of the unit entitlements for the lots that have been consolidated.
(3)  The Registrar-General may refuse to register a neighbourhood plan of consolidation unless:
(a)  the plan complies with Schedule 1, and
(b)  any replacement sheet for the initial schedule of unit entitlements complies with Schedule 11, and
(c)  any other prescribed documents are lodged for registration with the plan.

20   Conversion of a neighbourhood lot to neighbourhood property

(1)  A neighbourhood lot may, whether or not the neighbourhood scheme is part of a community scheme, be converted to neighbourhood property by the registration of an instrument in the approved form.
(2)  The Registrar-General may refuse to register such an instrument unless Schedule 7 is complied with.
(3)  On registration of the instrument, the Registrar-General is to cancel the folio for the neighbourhood lot.

21   Dedication of neighbourhood property

(1)  The neighbourhood association for a neighbourhood scheme that is not part of a community scheme may, by registration at the office of the Registrar-General of a plan of subdivision under section 195 of the Conveyancing Act 1919, dedicate some, but not all, of its neighbourhood property:
(a)  to open or widen a public road, or
(b)  to create a public reserve, or
(c)  to create a drainage reserve.
(2)  The Registrar-General may refuse to register a plan dedicating neighbourhood property unless Schedule 10 is complied with.
(3)  On registration of a plan dedicating neighbourhood property, the land in the plan ceases to be neighbourhood property.

22   Subdivision of neighbourhood lots and related neighbourhood property

(1)  Neighbourhood lots or neighbourhood property, or neighbourhood lots and some, but not all, of the related neighbourhood property, may be subdivided by the registration of a neighbourhood plan of subdivision as a deposited plan.
(2)  A neighbourhood plan of subdivision must include, as sheets of the plan:
(a)  if the plan subdivides or creates neighbourhood property—a replacement sheet for the neighbourhood property plan showing the altered boundaries of the neighbourhood property, and
(b)  if the plan subdivides or creates neighbourhood lots—an additional sheet of the detail plan of the neighbourhood plan showing the boundaries of the neighbourhood lots created by the subdivision, and
(c)  a replacement sheet for the initial or revised schedule of unit entitlements for the neighbourhood plan.
(3)  The Registrar-General may refuse to register a neighbourhood plan of subdivision unless:
(a)  the plan complies with Schedule 1, and
(b)  Schedule 10 is complied with if the plan subdivides or creates neighbourhood property, and
(c)  the replacement sheet for the initial or revised schedule of unit entitlements complies with Schedule 11 as if it were an initial schedule of unit entitlements, and
(d)  if a neighbourhood lot being subdivided is held by the original proprietor—the initial period has expired or the Tribunal has authorised the subdivision, and
(e)  if the plan subdivides or creates neighbourhood property—there is lodged with the plan a certificate in the approved form that is given under the seal of the neighbourhood association and is to the effect that the proposed subdivision has been approved by unanimous resolution of the association, and
(f)  if an amendment of the development contract for the neighbourhood scheme is to be registered for the purposes of section 16 of the Community Land Management Act 1989—there is lodged for registration with the plan a request for registration of the amendment that is in the approved form and is accompanied by the prescribed documents.
(4)  A neighbourhood lot created by a subdivision of neighbourhood property ceases to be neighbourhood property.
(5)  Neighbourhood lots, and neighbourhood property, may be subdivided only:
(a)  in accordance with subsection (1), or
(b)  by an acquisition plan.

23   Acquisition of additional neighbourhood property

(1)  A neighbourhood association may add to its neighbourhood property by registering under the Real Property Act 1900 a lease to it of land that is not part of, but is contiguous to, the neighbourhood parcel.
(2)  The neighbourhood association for a neighbourhood scheme that is not part of a community scheme may add to its neighbourhood property by registering under the Real Property Act 1900 a transfer to it of land held in fee simple that is not part of, but is contiguous to, the neighbourhood parcel.
(3)  The Registrar-General may refuse to register a lease or transfer under this section unless Schedule 9 is complied with.
(4)  A neighbourhood association may surrender a lease accepted by it under this section if:
(a)  it so decides by unanimous resolution, and
(b)  the lessor consents.
(5)  The Registrar-General may make in relation to a lease, surrender of lease or transfer under this section such recordings in the Register as the Registrar-General thinks fit.
(6)  In this section:

land means land under the Real Property Act 1900 other than:

(a)  the land in a qualified or limited folio, or
(b)  a perpetual lease from the Crown.
(c)  (Repealed)

lease includes:

(a)  a sublease, and
(b)  a leasehold estate or interest acquired by transfer.

24   Lease or transfer by neighbourhood association

(1)  A neighbourhood association may grant a lease of some, but not all, of its neighbourhood property that is not held by it on lease.
(1A)  A neighbourhood association may, by unanimous resolution:
(a)  transfer a lease of land accepted or acquired by the association under section 23, if such a transfer is not prevented by the terms or conditions of the lease, or
(b)  grant by way of sublease, a lease of any or all of its estate or interest in land the subject of a lease so accepted or acquired, if such a grant is not prevented by the terms or conditions of the lease.
(2)  If a neighbourhood scheme is not part of a community scheme, the neighbourhood association may execute a transfer of land that:
(a)  is part of its neighbourhood property that is not held by it on lease and is shown as a lot in a deposited plan lodged for registration as a current plan, or
(b)  is a neighbourhood lot that is not held by it on lease and was created by a subdivision of its neighbourhood property under section 22.
(3)  Subsection (2) does not authorise a neighbourhood association to dispose of all of its neighbourhood property.
(4)  A neighbourhood association may, by unanimous resolution, accept a surrender of, or exercise a right of re-entry under, a lease granted by it under this section.
(5)  The Registrar-General may refuse to register a lease, sublease or transfer under this section unless:
(a)  the instrument is made subject to any interest (other than an interest of the neighbourhood association or the proprietors of the neighbourhood lots) that is recorded in the Register as affecting the land and has not been released, and
(b)  Schedule 10 is complied with.
(6)  A certificate lodged under clause 2 of Schedule 10 is, in favour of:
(a)  the Registrar-General, and
(b)  a person taking under a lease to which it refers,
conclusive evidence of the facts certified.
(7)  Land transferred under subsection (2) (a) ceases to be neighbourhood property.
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