- By Glen Low, Partner at Franklin Law
If you own rural land with native bush or wetland areas, a recent Environment Court decision may unlock subdivision opportunities for you.
In late 2024, the Environment Court clarified how Auckland Council should interpret the
Auckland Unitary Plan’s rules regarding Transferable Titles and environmental lot
subdivisions. This decision allows more rural property owners to subdivide or transfer titles
than was previously possible.
Under the Auckland Unitary Plan, rural property owners can gain subdivision rights by
combining rural lots, creating conservation covenants over bush or wetland, giving up
consented lots, and restoring wetlands and native bush. In return, property owners can sell the right to subdivide (called a transferable title) to someone else.
A Transferable Title allows the subdivision rights from one property (the donor property) to
be transferred to another property (the recipient property). This has led to a market for
Transferable Titles across Auckland.
The recent court decision impacts owners of rural properties with fragmented or non-
continuous areas of native bush or wetland. Previously, the council required these areas to be continuous, but now owners with fragmented areas may still be able to create Transferable Titles or subdivisions, as long as the areas meet the necessary requirements.
This change could be very beneficial for many rural property owners.
Selling or purchasing a Transferable Title is usually done through a contract between the
owner of the donor property and the recipient property. These contracts outline each party’s responsibilities and protect their interests. Since this process is specialized, it’s important to consult with a solicitor who has experience in this area.
If you previously explored creating Transferable Titles on your land but were told it wasn’t
possible, the new rules may now allow you to take advantage of this opportunity.
- For more details, contact Glen Low from Franklin Law at (09) 552 085 or
glenl@franklinlaw.co.nz.
