Amalgamation conditions imposed under s241 of the RMA

Sections 220(1)(b) and 220(2)(a) of the RMA provide for a subdivision consent to be issued subject to a condition requiring that land be amalgamated and held either in one title or subject to a covenant between the land owner and the council that restricts its disposal, lease or otherwise except in conjunction with other land. 

Section 241 requires this condition is entered on the title as a memorandum. This then restricts the land owner from disposing of any separate parcels of land, or land being held on other titles, unless the approval of council is obtained. 

It is important to discuss with a local authority subdivision officer, any proposals involving a site with a s241 memorandum.