Spark New Zealand Trading Ltd v Clearspan Property Assets Ltd - [2018] 3 NZLR 661

Property law — Lease — Tenancy in common — Transfer of property — Arrangement between parties involved sale of undivided share of fee simple to whole of allotment — Whether a “subdivision” — Whether sale of part of allotment — Whether arrangement altered use of land or resulted in intensification of land use — Nature of encumbrances — “Subdivision” — “Allotment” — Resource Management Act 1991, s 218.

Statutes — Interpretation — Whether sale of undivided share of fee simple was a subdivision of land — Section 218 of the Resource Management Act 1991 restricted means of subdivision — Meaning of statutory text should be cross checked against purpose — Purpose of s 218 of the RMA to regulate land transactions — Section 218 only concerned with land transactions likely to intensify use of land and services or impair amenities — “Subdivision” — “Allotment” — Resource Management Act 1991, s 218.