Guideline for the deposit of survey
plans for the subdivision of land
LINZG20708
06 April 2010
www.linz.govt.nz
Table of Contents
Terms and definitions ..................................................................................................................5
Introduction .......................................................................................................................5
Foreword ....................................................................................................................................7
Introduction .......................................................................................................................7
Purpose .............................................................................................................................7
Scope................................................................................................................................7
Intended use of guideline ....................................................................................................8
Superseded document .........................................................................................................8
References.........................................................................................................................8
1.Forms specified by RGL - deposit documents................................................................................9
Legislation .........................................................................................................................9
Application of s 167A ..........................................................................................................9
Electronic TA certifications ...................................................................................................9
Electronic signature ............................................................................................................9
Specified forms of electronic certifications............................................................................ 10
Specified forms of manual deposit documents ...................................................................... 10
2.Approval of survey plan by territorial authority ........................................................................... 11
Legislation ....................................................................................................................... 11
Completion certificate ....................................................................................................... 11
Registration of consent notice ............................................................................................ 12
Registration of bond .......................................................................................................... 12
Format of s 223 certificates ............................................................................................... 12
Certificate under s 223 ...................................................................................................... 12
Certificate under s 223—amalgamation conditions ................................................................ 12
Certificate under s 223—subject to easements ..................................................................... 13
Plan approval under s 223 must be less than three years old ................................................. 13
3.Conditions of subdivisional approval .......................................................................................... 14
Introduction ..................................................................................................................... 14
4.Restrictions upon deposit of survey plan .................................................................................... 15
Legislation ....................................................................................................................... 15
Format of certificate .......................................................................................................... 15
Certificate under s 224(c)—no conditions ............................................................................. 15
Certificate under s 224(c)—all conditions complied with......................................................... 15
Certificate under s 224(c)—some or no conditions complied with ............................................ 15
Building Act provisions for cross lease, company lease or unit plan ......................................... 16
Certificate under s 224(f)—cross lease, company lease, or unit plan ....................................... 16
5.Amalgamation conditions ......................................................................................................... 17
Legislation ....................................................................................................................... 17
Application of s 220(1)(b) .................................................................................................. 17
Amalgamation condition to be noted on computer register ..................................................... 17
Format of certificates ........................................................................................................ 17
Certificate under s 220(1)(b)(i) —transfer to owner of adjoining land ...................................... 17
Certificate under s 220(1)(b)(ii) and (iii) —amalgamation ...................................................... 18
Certificate under s 220(1)(b)(iv) —to be held in same ownership............................................ 18
6.Amalgamation covenants ......................................................................................................... 19
Legislation ....................................................................................................................... 19
Application of s 220(2)(a) .................................................................................................. 19
Amalgamation covenants ................................................................................................... 19
7.Cancellation of amalgamation covenants ................................................................................... 20
Legislation ....................................................................................................................... 20
Cancellation of amalgamation covenant—before plan approved .............................................. 20
Cancellation of amalgamation covenant—after plan approved................................................. 20
Certificate under s 240(5)(b)—cancellation of amalgamation covenant .................................... 20
8.Cancellation of amalgamation conditions ................................................................................... 21
Legislation ....................................................................................................................... 21
Cancellation of amalgamation condition—before plan approved .............................................. 21
Cancellation of amalgamation condition—after plan approved................................................. 21
Certificate under s 241(4)(b)—cancellation of amalgamation condition .................................... 21
9.Easements ............................................................................................................................. 22
Legislation ....................................................................................................................... 22
Application of s 243 .......................................................................................................... 22
Surrender or variation ....................................................................................................... 22
Memorandum ................................................................................................................... 22
Easement not granted when plan deposited ......................................................................... 22
10.Access strips ........................................................................................................................ 23
Legislation ....................................................................................................................... 23
Application of s 237B ........................................................................................................ 23
Public access on private land .............................................................................................. 23
Consent required .............................................................................................................. 23
11.Cancellation of conditions requiring the creation of easements ................................................... 24
Legislation ....................................................................................................................... 24
Cancellation of easement condition—before plan approved .................................................... 24
Cancellation of easement condition—after plan approved ....................................................... 24
Certificate under s 243(e) and (f)—cancellation of easement condition .................................... 24
12.Vesting of road ..................................................................................................................... 25
Legislation ....................................................................................................................... 25
Vesting as road ................................................................................................................ 25
Effect of vesting as road .................................................................................................... 25
Consent of every registered proprietor of an interest in land to vest in the Crown or a TA .......... 25
Consent of land with benefit of a covenant ........................................................................... 25
13.Private ways and private roads ............................................................................................... 26
Legislation ....................................................................................................................... 26
Private ways and private roads—approval under s 223 .......................................................... 26
14.Vesting as reserve or other land ............................................................................................. 27
Legislation ....................................................................................................................... 27
Vesting as reserve or other land ......................................................................................... 27
Effect of vesting reserves or other land ............................................................................... 27
Consent of every registered proprietor of an interest in land to vest in the Crown or a TA .......... 27
Consent of land with benefit of a covenant ........................................................................... 27
Interests able to be retained .............................................................................................. 28
Format of certificate under s 239(2).................................................................................... 28
15.Esplanade strips ................................................................................................................... 29
Legislation ....................................................................................................................... 29
Esplanade strip as a condition of consent ............................................................................. 29
Prescribed form of instrument ............................................................................................ 29
Esplanade strip by agreement ............................................................................................ 29
Requirements for a separate survey plan ............................................................................. 29
Conditions for deposit of the primary and separate survey plan .............................................. 30
16.Legal and physical access ...................................................................................................... 31
Legislation ....................................................................................................................... 31
Provision and consideration of legal and physical access ........................................................ 31
Consent conditional on sufficient access being provided ......................................................... 31
Role of LINZ..................................................................................................................... 31
17.Unit plans ............................................................................................................................ 32
Legislation ....................................................................................................................... 32
UTA requirements for unit plans ......................................................................................... 32
Format of certificate .......................................................................................................... 32
Certificate under s 5(1)(g) of the Unit Titles Act 1972 ........................................................... 32
Certificate under s 5(1)(g) of the Unit Titles Act 1972—stage unit plan and complete unit plan ... 32
Summary of certificates required for unit plans .................................................................... 32
18.Reclamation plans ................................................................................................................. 34
Legislation ....................................................................................................................... 34
Legislation ....................................................................................................................... 34
Requirements for deposit ................................................................................................... 34
Certificate under s 245(5)(b)—no conditions ........................................................................ 34
Certificate under s 245(5)(b)—all conditions complied with .................................................... 34
Certificate under s 245(5)(b)—some or no conditions complied with ....................................... 35
Title to reclaimed land which is land of the Crown ................................................................. 35
19.Cancellation of prior approvals ............................................................................................... 36
Legislation ....................................................................................................................... 36
Application of s 227 .......................................................................................................... 36
Conditions remain............................................................................................................. 36
Exceptions to cancellation of prior approval.......................................................................... 36
Cancellation of building line restriction ................................................................................ 36
20.Restrictions on issuing computer registers ............................................................................... 37
Restrictions on issue of new computer register on an existing plan ......................................... 37
21.Exemptions and exceptions to the Resource Management Act 1991 ............................................ 38
Leases............................................................................................................................. 38
Māori land ....................................................................................................................... 38
Exemptions under other legislation ..................................................................................... 39
Statement of exemption .................................................................................................... 39
22.Subdivision of Crown land ...................................................................................................... 41
Legislation ....................................................................................................................... 41
Crown land held under the Land Transfer Act 1952 ............................................................... 41
Crown land not held under the Land Transfer Act 1952 .......................................................... 41
Issue of new computer register .......................................................................................... 41
23.Appendix A: Form for deposit of survey plan ........................................................................... 42
Terms and definitions
Introduction
(a)
For the purposes of this guideline, the terms and definitions in
s 2 of the Resource Management Act 1991 apply, unless stated
otherwise below.
(b)
Terms and abbreviations used in this guideline that are not
defined in the RMA are defined below.
(c)
Any references to a section in this guideline are a reference to
that section of the RMA, unless stated otherwise.
Term/
Abbreviation
Definition
complete unit plan
as defined in s 2 of the Unit Titles Amendment Act 1979
computer register
as defined in s 4 of the Land Transfer (Computer Registers and
Electronic Lodgement) Amendment Act 2002 and created by the
Registrar-general of Land under ss 7 to 14 of that Act; formerly
known as certificate of title
deposit document
a document referred to in s 167A of the Land Transfer Act 1952
Gazette
the New Zealand Gazette – Te Kahiti o Aotearoa, the official
newspaper of the Government of New Zealand
Landonline
Landonline is the online service for surveyors, lawyers, and other land
professionals, providing access to New Zealand's authoritative
database for land title and survey information. It enables land
professionals to search, and to lodge title dealings and survey data
digitally.
LGA
Local Government Act 1974
LTA
Land Transfer Act 1952
LINZ
Land Information New Zealand
proposed unit
development plan
as defined in s 2 of the Unit Titles Amendment Act 1979
RGL
the Registrar-General of Land appointed under s 4 of the Land
Transfer Act 1952
RMA
Resource Management Act 1991
Guideline for the deposit of survey plans for the subdivision of land | LINZG20708
Effective date: 06 April 2010
Registrar-General of Land | Land Information New Zealand
5
Term/
Abbreviation
Definition
stage unit plan
as defined in s 2 of the Unit Titles Amendment Act 1979
subdivision of land
as defined in s 218 of the RMA
substituted
proposed unit
development plan
as defined in s 5 of the Unit Titles Amendment Act 1979
survey plan
as defined in s 2 of the RMA
TA
territorial authority
territorial authority
a city council or a district council named in Part 2 of Schedule 2 of the
Local Government Act 2002
UTA
Unit Titles Act 1972
Guideline for the deposit of survey plans for the subdivision of land | LINZG20708
Effective date: 06 April 2010
Registrar-General of Land | Land Information New Zealand
6
Foreword
Introduction
Purpose
(a)
The requirements for subdividing land are set out in s 11 and
Part 10 of the Resource Management Act 1991 (RMA). This Act
confers on territorial authorities (TAs) the power to issue
consents for subdivisions and approve survey plans under those
consents.
(b)
The Registrar-General of Land (RGL) has a responsibility to
ensure that all approvals, certifications, and consents have been
obtained before survey plans showing the subdivision of land
are deposited or any new computer registers are issued.
(c)
It is important that documentation for the deposit of survey
plans is correct and complies with the legislation as errors and
omissions will cause delays in the issue of new computer
registers, and may undermine TA planning processes or
adversely affect landowners and other citizens.
(a)
The purpose of this guideline is to assist Land Information New
Zealand (LINZ) staff, surveyors, and conveyancing practitioners
to:
(b)
Scope
(i)
understand and comply with the legislative requirements,
and
(ii)
obtain the correct documentation for deposit of subdivision
plans.
The objectives of this guideline are that:
(i)
relevant approvals, certifications, consents, and other
documentary requirements are obtained, and
(ii)
the RGL compliance obligations under the RMA are
complied with.
This guideline provides guidance to the legislation and the
requirements LINZ needs to check before survey plans are deposited
under the Land Transfer Act 1952 (LTA).
continued on next page
Guideline for the deposit of survey plans for the subdivision of land | LINZG20708
Effective date: 06 April 2010
Registrar-General of Land | Land Information New Zealand
7
Foreword,
Intended use of
guideline
Superseded
document
continued
This guideline is intended for use by:
(a)
surveyors and conveyancing practitioners who submit survey
plans and related documents to LINZ, and
(b)
LINZ staff who are responsible for depositing survey plans.
This guideline replaces the following document:
Land Information New Zealand 2002, Registration requirements for
subdivisional approval: RGL Guideline 19, Registrar-General of Land
Group, LINZ, Wellington.
References
It is intended that this guideline be read in conjunction with:

Land Transfer Act 1952

Resource Management (Forms Fees and Procedure) Regulations
2003

Resource Management Act 1991; in particular s 11 and Part 10
of the RMA (Subdivision and reclamations)

Unit Titles Act 1972.
Guideline for the deposit of survey plans for the subdivision of land | LINZG20708
Effective date: 06 April 2010
Registrar-General of Land | Land Information New Zealand
8
1.
Forms specified by RGL - deposit documents
Legislation
Section 167A of the LTA
Application of
s 167A
(a)
Under s 167A of the LTA, the RGL may specify a form for a
consent, approval, certification, or other matter that is a
prerequisite for the deposit of a plan under s 167 of that Act, or
the issue of a computer register.
(b)
This means that this form, also called a deposit document, is an
alternative method of supplying proof of a TA approval or other
consent that may be required before a survey plan can be
deposited or a new computer register issued.
(a)
A TA may provide approvals, certifications, and consents to LINZ
in the form of electronic deposit documents prepared in an
electronic workspace facility approved by the RGL.
(b)
Electronic deposit documents containing TA certifications are
submitted in Landonline as supporting documents attached to
the survey plan.
Electronic TA
certifications
Electronic
signature
An authorised officer of the TA must provide an electronic signature
on electronic deposit documents.
continued on next page
Guideline for the deposit of survey plans for the subdivision of land | LINZG20708
Effective date: 06 April 2010
Registrar-General of Land | Land Information New Zealand
9
Forms specified by RGL - deposit documents,
Specified forms of
electronic
certifications
Specified forms of
manual deposit
documents
continued
(a)
The form of electronic certifications under the RMA, LGA, and
UTA are specified by the RGL in the Gazette (6 November 2003,
page 4198)1 and should be used for electronic consents,
approvals, certificates, or other prerequisites for the deposit of a
plan under s 167A of the LTA.
(b)
Authenticated and registered Landonline users can access the
forms electronically.
(a)
In accordance with s 167A of the LTA, the RGL has specified
standard manual forms for the approval of various types of
plans, including those under the RMA and UTA. These forms
were published in the Gazette (20 March 2003, page 774).
(b)
The form to be used in conjunction with survey plans requiring
TA approvals and certifications under the RMA or UTA is
provided in Appendix A.
(c)
This
form
also
provides
for
conditional
easements,
amalgamation conditions, and details of interests to remain on
the vesting of lots as 'reserve'.
(d)
Note that since that publication in the Gazette, amendments to
the RMA have come into force so that any reference to 'Principal
Administrative Officer' should now read 'Chief Executive'.
Editions of the Gazette since 2000 are available on the Department of Internal Affairs website at the following
address:
1
http://www.dia.govt.nz/diawebsite.nsf/wpg_URL/Services-New-Zealand-Gazette-New-Zealand-Gazette-OnLine?OpenDocument (accessed on 22 March 2010).
Guideline for the deposit of survey plans for the subdivision of land | LINZG20708
Effective date: 06 April 2010
Registrar-General of Land | Land Information New Zealand
10
2.
Approval of survey plan by territorial authority
Legislation
(a)
Section 223 sets out the process for gaining TA approval of a
survey plan.
(b)
If a TA approves a survey plan, it must certify the approval
under s 223(3).
(c)
Before a survey plan can be deposited, the TA must provide a
certificate under s 224(c) stating that:
(i)
no conditions were imposed; or
(ii)
all conditions of the subdivision consent that were imposed
have been complied with to the satisfaction of the TA; or
(iii)
some conditions have been complied with to the
satisfaction of the TA and in respect of those conditions
not complied with:
 a completion certificate has been issued under s 222
and/or
 a consent notice has been issued under s 221 and/or
 a bond has been entered into by the subdividing owner
under s 108(2)(b).
For more information on conditions, refer to
Subdivisional Approval, section 3 of this guideline.
Completion
certificate
Conditions
of
Completion certificates are issued when conditions of subdivision
consent are dependent on the owner completing any work required by
the TA. The certificate may specify that the owner has entered into a
bond binding the owner to carry out and complete the work or make a
financial contribution. A completion certificate is not capable of
registration.
continued on next page
Guideline for the deposit of survey plans for the subdivision of land | LINZG20708
Effective date: 06 April 2010
Registrar-General of Land | Land Information New Zealand
11
Approval of survey plan by territorial authority,
continued
Registration of
consent notice
If a consent notice is issued, that notice must be registered. Refer to
s 224(d).
Registration of
bond
(a)
A TA may enter into a bond with a subdividing owner under
s108(2)(b) in order to ensure compliance with a condition of
subdivisional approval.
(b)
The bond is capable of registration, but registration is not
mandatory for survey plan deposit.
(a)
Suggested formats for certificates under s 223 are set out
below.
(b)
These formats are acceptable to the RGL and were published in
the Gazette on 6 November 2003, on page 4198.
Format of s 223
certificates
Certificate under
s 223
The following certificate may be used for approvals under s 223.
I hereby certify that Plan [plan number] was approved by the
[name of territorial authority] pursuant to section 223 of the
Resource Management Act 1991 on the [day] of [month] [year]
Certificate under
s 223—
amalgamation
conditions
The following certificate may be used for an approval under s 223,
when that approval is subject to amalgamation under s 220(1)(b).
For more information on amalgamations, refer to Amalgamation
Conditions, section 5 of this guideline.
The approval of the council, under section 223 of the Resource
Management Act 1991, is subject to the amalgamation condition(s)
set out hereon.
continued on next page
Guideline for the deposit of survey plans for the subdivision of land | LINZG20708
Effective date: 06 April 2010
Registrar-General of Land | Land Information New Zealand
12
Approval of survey plan by territorial authority,
Certificate under
s 223—subject to
easements
continued
The following certificate may be used for approval under s 223, when
that approval is subject to the granting or reserving of easements
under s 220(1)(f). For more information on easement conditions,
refer to Easement Conditions, section 9 of this guideline.
The approval of the council, under section 223 of the Resource
Management Act 1991, is subject to the granting or reserving of
the easement(s) set out in the Memorandum of Easements
attached as a supporting document to Plan [plan number].
Plan approval
under s 223 must
be less than three
years old
Section 224(h) provides that the plan approval under s 223 must be
less than three years old for the survey plan to be deposited. The
expiry date is the third anniversary of the date of TA approval.
Guideline for the deposit of survey plans for the subdivision of land | LINZG20708
Effective date: 06 April 2010
Registrar-General of Land | Land Information New Zealand
13
3.
Conditions of subdivisional approval
Introduction
Sections 4 to 16 contain the following topics which cover the types of
conditions that may be imposed on subdivisional approval.
Topic
See page
Restrictions upon deposit of survey plan
15
Amalgamation
17
Cancellation of amalgamation covenants
20
Cancellation of amalgamation conditions
21
Easements
22
Access strips
23
Cancellation of conditions
24
Vesting of road
25
Vesting as reserve or other land
27
Esplanade strips
29
Legal and physical access
31
Guideline for the deposit of survey plans for the subdivision of land | LINZG20708
Effective date: 06 April 2010
Registrar-General of Land | Land Information New Zealand
14
4.
Restrictions upon deposit of survey plan
Legislation
Section 224
Format of
certificate
(a)
The following formats may be used for certificates under s 224.
(b)
These formats are acceptable to the RGL and were published in
the Gazette on 6 November 2003, on page 4198.
Certificate under
s 224(c)—no
conditions
The following format may be used for a certificate under s 224(c) if
there are no conditions on the subdivision consent.
Pursuant to section 224(c) of the Resource Management Act 1991,
I hereby certify that no conditions have been imposed. Dated this
[day] of [month] [year].
Certificate under
s 224(c)—all
conditions
complied with
The following format may be used for a certificate under s 224(c) if all
conditions on the subdivision consent have been complied with.
Certificate under
s 224(c)—some or
no conditions
complied with
The following format may be used for a certificate under s 224(c) if
some or none of the conditions on the subdivision consent have been
complied with.
Pursuant to section 224(c) of the Resource Management Act 1991,
I hereby certify that all conditions of the subdivision consent have
been complied with to the satisfaction of the [territorial authority].
Dated this [day] of [month] [year].
Pursuant to section 224(c) of the Resource Management Act 1991,
I hereby certify that some conditions of the subdivision consent
have been complied with to the satisfaction of the [territorial
authority] and that a completion certificate and/or consent notice
has/have been issued and/or bond has been entered into in respect
of those conditions that have not been complied with. Dated this
[day] of [month] [year].
continued on next page
Guideline for the deposit of survey plans for the subdivision of land | LINZG20708
Effective date: 06 April 2010
Registrar-General of Land | Land Information New Zealand
15
Restrictions upon deposit of survey plan,
continued
Building Act
provisions for
cross lease,
company lease or
unit plan
Under s 224(f), a TA must provide a certificate that the provisions of
s 116A of the Building Act 2004 have been met for subdivision by
means of a cross lease, company lease, or unit plan.
Certificate under
s 224(f)—cross
lease, company
lease, or unit plan
The following format may be used for a certificate under s 224(f),
where the subdivision will be effected by the grant of a cross lease or
company lease, or by the deposit of a unit plan.
Pursuant to section 224(f) of the Resource Management Act 1991,
I hereby certify that the [territorial authority] is satisfied on
reasonable grounds that every building [or part of a building]
shown on this plan complies with [or will comply with] the
provisions of the building code specified in section 116A of the
Building Act 2004.
Guideline for the deposit of survey plans for the subdivision of land | LINZG20708
Effective date: 06 April 2010
Registrar-General of Land | Land Information New Zealand
16
5.
Amalgamation conditions
Legislation
Section 220(1)(b)
Application of
s 220(1)(b)
Section 220(1)(b) sets out the types of amalgamation conditions that
a subdivision consent may be subject to.
Amalgamation
condition to be
noted on
computer register
If there is a condition that two or more parcels of land must be held
by the same owner in the same computer register then:
Format of
certificates
Certificate under
s 220(1)(b)(i)
—transfer to
owner of adjoining
land
(a)
a new computer register must be issued, incorporating all the
parcels specified in the amalgamation condition, and
(b)
a memorial must be added citing s 241(2) of the RMA as the
statutory authority.
(a)
The following formats may be used for certificates under
s 220(1)(b).
(b)
These formats are acceptable to the RGL and were published in
the Gazette on 6 November 2003, page 4198
The following format may be used for a certificate under
s 220(1)(b)(i) where it is a condition that land be transferred to the
owner of adjoining land and amalgamated.
That Lot [lot number] Plan [plan number] (/) be transferred to the
owner of Lot [lot number] Plan [plan number] (/) and that one
computer register be issued to include both parcels. See [request
number]
continued on next page
Guideline for the deposit of survey plans for the subdivision of land | LINZG20708
Effective date: 06 April 2010
Registrar-General of Land | Land Information New Zealand
17
Amalgamation conditions,
Certificate under
s 220(1)(b)(ii)
and (iii)
—amalgamation
continued
The following format may be used for a certificate under
s 220(1)(b)(ii) and (iii) where it is a condition that land be
amalgamated.
That Lot [lot number] Plan [plan number] (/) and Lot [lot number]
Plan [plan number] (/) and Lot [lot number] Plan [plan number] (/)
be held in the same computer register. See [request number]
Certificate under
s 220(1)(b)(iv)
—to be held in
same ownership
The following format may be used for a certificate under
s 220(1)(b)(iv) where it is a condition that land be held in the same
ownership.
That Lot [lot number] Plan [plan number] (legal access) be held as
to five undivided one-fifth shares by the owners of Lots [lot
number], [lot number], [lot number], [lot number], and [lot
number] Plan [plan number] as tenants in common in the said
shares and that individual computer registers be issued in
accordance therewith. See [request number]
Guideline for the deposit of survey plans for the subdivision of land | LINZG20708
Effective date: 06 April 2010
Registrar-General of Land | Land Information New Zealand
18
6.
Amalgamation covenants
Legislation
Section 220(2)(a)
Application of
s 220(2)(a)
Section 220(2)(a) provides for the TA to enter into a covenant with
the owner of land that is subject to a condition of amalgamation
under s 220(1)(b). Such a covenant would state that the land must
only be disposed of in conjunction with other land.
Amalgamation
covenants
(a)
If a TA enters into a covenant under s 220(2)(a), it should be
lodged for registration with the subdivision transaction.
(b)
The following format may be used for a certificate under
s 220(2)(a) where the TA has entered into an amalgamation
covenant with the owner of land.
(c)
This format is acceptable to the RGL and was published in the
Gazette on 6 November 2003, page 4198.
The owner(s) of the land shown in Plan [plan number] [has/have]
entered into an amalgamation covenant pursuant to section
220(2)(a) of the Resource Management Act 1991. See [request
number]
Guideline for the deposit of survey plans for the subdivision of land | LINZG20708
Effective date: 06 April 2010
Registrar-General of Land | Land Information New Zealand
19
7.
Cancellation of amalgamation covenants
Legislation
Sections 240(4) and (5)
Cancellation of
amalgamation
covenant—before
plan approved
An amalgamation covenant may be cancelled before a survey plan is
approved, by a memorandum added to the plan. Refer to ss 240(4)
and (5)(a).
Cancellation of
amalgamation
covenant—after
plan approved
An amalgamation covenant may be cancelled after a survey plan is
approved, by a certificate from the TA. Refer to ss 240(4) and (5)(b).
Certificate under
s 240(5)(b)—
cancellation of
amalgamation
covenant
The format set out below may be used for a certificate under
s 240(5)(b), cancelling an amalgamation covenant.
This format is acceptable to the RGL and was published in the Gazette
on 6 November 2003, page 4198.
Pursuant to section 240(4) of the Resource Management Act 1991,
I hereby certify that the [name of territorial authority] has
cancelled the amalgamation covenant(s) relating to Lot [lot
number] Plan [plan number] (/) and Lot [lot number] Plan [plan
number] (/) and Lot [lot number] Plan [plan number] (/).
Guideline for the deposit of survey plans for the subdivision of land | LINZG20708
Effective date: 06 April 2010
Registrar-General of Land | Land Information New Zealand
20
8.
Cancellation of amalgamation conditions
Legislation
Sections 241(3) and (4)
Cancellation of
amalgamation
condition—before
plan approved
A condition of amalgamation on a plan may be cancelled before the
survey plan is approved, by a memorandum added to the survey plan.
Refer to ss 241(3) and (4)(a).
Cancellation of
amalgamation
condition—after
plan approved
A condition of amalgamation on a survey plan may be cancelled after
a plan is approved, by a certificate from the TA. Refer to ss 241(3)
and (4)(b).
Certificate under
s 241(4)(b)—
cancellation of
amalgamation
condition
The format set out below may be used for a certificate under
s 241(4)(b), cancelling a condition of amalgamation.
This format is acceptable to the RGL and was published in the Gazette
on 6 November 2003, page 4198.
Pursuant to section 241(3) of the Resource Management Act 1991,
I hereby certify that the [name of territorial authority] has
cancelled the amalgamation condition(s) relating to Lot [lot
number] Plan [plan number] (/) and Lot [lot number] Plan [plan
number] (/) and Lot [lot number] Plan [plan number] (/).
Guideline for the deposit of survey plans for the subdivision of land | LINZG20708
Effective date: 06 April 2010
Registrar-General of Land | Land Information New Zealand
21
9.
Easements
Legislation
Section 243
Application of
s 243
Section 243 sets out the requirements for granting or reserving an
easement as a condition of subdivision approval.
Surrender or
variation
The written consent of a TA is required before an easement that is a
condition of subdivision consent can be surrendered or varied
(s 243(a)).
Memorandum
Under s 243(b), each easement that is a condition of subdivision
consent must be in a memorandum added to the survey plan. The
memorandum must identify in respect of each easement, the
dominant and servient tenements or, in the case of an easement in
gross, the proposed grantee and the servient tenement.
Easement not
granted when plan
deposited
(a)
If an easement that is a condition of subdivision approval has
not been granted or reserved at the time the survey plan is
deposited, it must be granted or reserved before the disposition
of any lots on the survey plan (s 243(c)).
(b)
The computer registers for lots affected by a compulsory
easement requirement in paragraph (a) above must be noted as
being subject to s 243 (c). This includes lots both in and outside
the subdivision.
Guideline for the deposit of survey plans for the subdivision of land | LINZG20708
Effective date: 06 April 2010
Registrar-General of Land | Land Information New Zealand
22
10.
Access strips
Legislation
Section 237B
Application of
s 237B
Section 237B sets out that a TA may create an easement for an
access strip, with agreement of the registered proprietor.
Public access on
private land
An easement for an access strip is created to allow public access to or
along any river, or lake, or the coast, or to any esplanade reserve,
esplanade strip, other reserve, or land owned by the local authority or
by the Crown. Refer to s 2 for the definition of an access strip.
Consent required
Note that under s 237B(7), consent from every person who has a
registered interest in the land must be endorsed on the instrument
creating the easement for an access strip before it may be registered.
Guideline for the deposit of survey plans for the subdivision of land | LINZG20708
Effective date: 06 April 2010
Registrar-General of Land | Land Information New Zealand
23
11.
Cancellation of conditions requiring the creation
of easements
Legislation
Section 243(e) and (f)
Cancellation of
easement
condition—before
plan approved
A condition of subdivisional approval requiring the creation of an
easement may be cancelled before the survey plan is approved, by a
memorandum added to the plan. Refer to s 243(e) and (f).
Cancellation of
easement
condition—after
plan approved
Such a condition may be cancelled after a survey plan is approved, by
a certificate from the TA. Refer to s 243(e) and (f).
Certificate under
s 243(e) and (f)—
cancellation of
easement
condition
The format set out below may be used for a certificate under s 243(e)
and (f), cancelling such a condition.
This format is acceptable to the RGL and was published in the Gazette
on 6 November 2003, page 4198.
Pursuant to section 243(e) of the Resource Management Act 1991,
I hereby certify that the [name of territorial authority] has revoked
the condition(s) as to the creation of [details of easement] marked
[letter showing course of easement] on Plan [plan number] over
Lot [lot number] Plan [plan number] appurtenant to Lot [lot
number] Plan [plan number].
Guideline for the deposit of survey plans for the subdivision of land | LINZG20708
Effective date: 06 April 2010
Registrar-General of Land | Land Information New Zealand
24
12.
Vesting of road
Legislation
Section 238
Vesting as road
It may be a condition of a survey plan approval that part of the land
be vested in the Crown or a local authority for a road.
Effect of vesting
as road
Section 238(1) states that vesting as a road has the effect of freeing
the land from any encumbrance or interest to which it is subject,
without the need for any other form of release or discharge.
Consent of every
registered
proprietor of an
interest in land to
vest in the Crown
or a TA
Section 224(b)(i) prohibits the deposit by the RGL of any survey plan
where land shown on the plan will vest in the Crown or a TA pursuant
to s 238 unless the RGL is supplied with the written consent of every
registered proprietor of an interest in that land.
Consent of land
with benefit of a
covenant
Mortgagee consent is not required when the owner of land which has
the benefit of a land covenant, immediately affected by a vesting, has
provided consent.
An example is when land to be vested as a road is currently the
servient tenement to an easement which is not surrendered, the
consent of the dominant tenement owner and any mortgagee of the
dominant tenement will be required.
Guideline for the deposit of survey plans for the subdivision of land | LINZG20708
Effective date: 06 April 2010
Registrar-General of Land | Land Information New Zealand
25
13.
Private ways and private roads
Legislation
Section 223(5)
Private ways and
private roads—
approval under
s 223
If a TA has approved a survey plan that depicts private roads or ways,
the s 223 approval will be accepted as an approval of the granting or
reserving of the private road or rights of way over such private ways.
Guideline for the deposit of survey plans for the subdivision of land | LINZG20708
Effective date: 06 April 2010
Registrar-General of Land | Land Information New Zealand
26
14.
Vesting as reserve or other land
Legislation
Section 239
Vesting as reserve
or other land
(a)
It may be a condition of a survey plan approval that part of the
land be vested in the Crown or a local authority as a reserve or
in lieu of a reserve.
(b)
Land in the coastal marine area, or any part of the bed of a river
or lake, may also be vested in the Crown or a local authority.
Effect of vesting
reserves or other
land
Section 239(1) states that vesting a reserve or other land stated
above has the effect of freeing the land from any encumbrance or
interest to which it is subject, without the need for any other form of
release or discharge.
Consent of every
registered
proprietor of an
interest in land to
vest in the Crown
or a TA
Section 224(b)(i) prohibits the deposit by the RGL of any survey plan
where land shown on the plan will vest in the Crown or a TA pursuant
to s 239 unless the RGL is supplied with the written consent of every
registered proprietor of an interest in that land.
Consent of land
with benefit of a
covenant
Mortgagee consent is not required when the owner of land which has
the benefit of a land covenant immediately affected by a vesting has
provided consent.
An example is when land to be vested as reserve is currently the
servient tenement to an easement which is not surrendered, the
consent of the dominant tenement owner and any mortgagee of the
dominant tenement will be required.
continued on next page
Guideline for the deposit of survey plans for the subdivision of land | LINZG20708
Effective date: 06 April 2010
Registrar-General of Land | Land Information New Zealand
27
Vesting as reserve or other land,
continued
Interests able to
be retained
Despite s 239(1), a TA may retain an existing interest in a reserve, by
certifying that interest shall remain. (s 239(2)).
Format of
certificate under
s 239(2)
(a)
The format set out below may be used for a certificate under
s 239(2) where land is vested in the TA as a reserve and is
subject to a specified interest, such as a right of way, which is
the example shown here.
(b)
This format is acceptable to the RGL and was published in the
Gazette on 6 November 2003, page 4198.
Pursuant to section 239(2) of the Resource Management Act 1991,
I hereby certify that the [territorial authority] desires that Lot [lot
number] Plan [plan number] which is to vest as a reserve shall
remain subject to the right of way created by [instrument number].
Guideline for the deposit of survey plans for the subdivision of land | LINZG20708
Effective date: 06 April 2010
Registrar-General of Land | Land Information New Zealand
28
15.
Esplanade strips
Legislation
Sections 224(g), 232, 235, and 237
Esplanade strip as
a condition of
consent
(a)
An esplanade strip may be created upon subdivision as a
condition of consent by the registration of an instrument
between the TA and the subdividing owner (see s 232).
(b)
If a survey plan indicates that land is to be subject to an
esplanade strip, an instrument creating the strip must be lodged
with the RGL (s 224(g)).
Prescribed form of
instrument
The prescribed form for an instrument creating an esplanade strip is
Form 31, Schedule 1, Resource Management Act (Forms, Fees, and
Procedure) Regulations 2003.
Esplanade strip by
agreement
(a)
An esplanade strip may also be created by agreement between
the registered proprietor of any land and the TA under s 235.
(b)
Note that under s 235(2), consent from every person who has a
registered interest in the land immediately affected by the
esplanade strip must be endorsed on the instrument creating
the esplanade strip before it may be registered.
Requirements for
a separate survey
plan
Esplanade strips required as a condition of subdivision consent are
ordinarily shown on the survey plan (the primary plan). However, as
provided in s 237(3), the TA shall request that a separate survey plan
be submitted where:
(a)
an esplanade reserve or strip is required in respect of a cross
lease, company lease, or unit plan, and
(b)
the TA determines (after consultation with the RGL) that it is not
practical for an esplanade reserve or strip to be included on the
survey plan.
continued on next page
Guideline for the deposit of survey plans for the subdivision of land | LINZG20708
Effective date: 06 April 2010
Registrar-General of Land | Land Information New Zealand
29
Esplanade strips,
Conditions for
deposit of the
primary and
separate survey
plan
continued
The RGL must not deposit either plan, or issue a computer register for
any separate allotment shown, unless:
(a)
there is added to both the primary and separate survey plans a
memorandum to the effect that a separate survey plan has been
approved by the TA, and
(b)
the separate survey plan on which the esplanade reserve is
shown is deposited either prior to or at the same time as the
primary survey plan.
Guideline for the deposit of survey plans for the subdivision of land | LINZG20708
Effective date: 06 April 2010
Registrar-General of Land | Land Information New Zealand
30
16.
Legal and physical access
Legislation
Section 106(1)(c) of the RMA and ss 91 and 93 of the Government
Roading Powers Act 1989
Provision and
consideration of
legal and physical
access
(a)
Under s 106(1)(c), it is the responsibility of a TA to decide if
sufficient provision has been made for legal and physical access
to an allotment that will be created by a subdivision.
(b)
When considering matters of access, the TA will also consider
any access from a limited access road under ss 91 and 93 of the
Government Roading Powers Act 1989.
Consent
conditional on
sufficient access
being provided
If sufficient legal and physical access has not been provided for, the
TA may decide to make its consent for a subdivision conditional on
that access being provided.
Role of LINZ
(a)
If a TA has approved a subdivision of land and there is no
mention of access conditions on the survey plan, LINZ will
assume that access is sufficient.
(b)
Where a notice authorising access via a limited access road is
lodged with LINZ under ss 91 and 93 of the Government
Roading Powers Act 1989, it must be registered in the
prescribed manner.
Guideline for the deposit of survey plans for the subdivision of land | LINZG20708
Effective date: 06 April 2010
Registrar-General of Land | Land Information New Zealand
31
17.
Unit plans
Legislation
Sections 5(1)(g) of the UTA and 6(1) of the Unit Titles Amendment
Act 1979
UTA requirements
for unit plans
The above sections require further certifications when unit plans are
deposited.
Format of
certificate
(a)
Suggested formats for certificates under s 5(1)(g) of the UTA
and s 6(1) of the Unit Titles Amendment Act 1979 are set out
below.
(b)
These formats are acceptable to the RGL and were published in
the Gazette on 6 November 2003, page 4198.
Certificate under
s 5(1)(g) of the
Unit Titles Act
1972
The following format may be used for a certificate under s 5(1)(g) of
the Unit Titles Act 1972.
Certificate under
s 5(1)(g) of the
Unit Titles Act
1972—stage unit
plan and complete
unit plan
Section 6(1) Unit Titles Amendment Act 1979 requires additional
wording to be added to the 5(1)(g) certificate for first, subsequent
stage, and complete unit plans.
Pursuant to section 5(1)(g) of the Unit Titles Act 1972, I hereby
certify that every building shown on Unit Plan [plan number] has
been erected and all other development work has been carried out
to the extent necessary to enable all the boundaries of every unit
and the common property shown on the plan to be physically
measured.
This certificate would be used in conjunction with the certificate
above.
I further certify that the UP is consistent with the proposed unit
development plan number UP [plan number] [A].
Summary of
certificates
required for unit
plans
A summary table that sets out the certificates required for the various
types of unit plan is provided on the next page.
Guideline for the deposit of survey plans for the subdivision of land | LINZG20708
Effective date: 06 April 2010
Registrar-General of Land | Land Information New Zealand
32
Table 1: Certificates required when depositing unit plans for registration
The following table summarises which certificates are required when depositing a unit plan for registration.
Type of unit plan
Standard
unit plan
Certificate
required
First and
subsequent
stage unit
plan
Complete
unit plan
Redevelopment
plan
Proposed
unit
development
plan
Substituted
proposed
unit
development
plan
Conversion
under Part
IV of the
Unit Titles
Act 1972
Sections
18 and 19
of the Unit
Titles Act
1972
Section 223 of
the RMA








Section 224(c)
of the RMA








Section 224(f)
of the RMA








Section 5(1)g
of the Unit
Titles Act
1972.








Additional
wording—
s 6(1) of the
Unit Titles Act
1972








Registered
valuer's
assessment








Guideline for the deposit of survey plans for the subdivision of land | LINZG20708
Effective date: 06 April 2010
Registrar-General of Land | Land Information New Zealand
33
18.
Reclamation plans
Legislation
Sections 245, 246 and 355
Legislation
A plan of survey for land that has been reclaimed requires the approvals
and certificates specified in ss 245 and 246
Requirements for
deposit
A plan of survey of a reclamation cannot be deposited under the LTA
unless:
(a)
within the preceding three years the relevant consent authority has
approved the plan of survey under s 245, and
(b)
a copy of the certificate issued under s 245(5)(b) is lodged with the
RGL.
Suggested formats for certificates under s 245(5)(b) are set out below.
Certificate under
s 245(5)(b)—no
conditions
Under section 245(5)(b) of the Resource Management Act 1991,
I certify that the reclamation conforms with the resource consent and
the relevant provisions of the Regional Plan (no conditions imposed).
[Signature]
Chief Executive/Authorised Officer of the [name of regional council]
Certificate under
s 245(5)(b)—all
conditions
complied with
The following format may be used for a certificate under s 245(5)(b) if
all conditions on the resource consent have been complied with.
Under section 245(5)(b) of the Resource Management Act 1991,
I certify that the reclamation conforms with the resource consent and
the relevant provisions of the Regional Plan, and all the conditions of
the resource consent have been complied with. [dd month yyyy].
[Signature]
Chief Executive/Authorised Officer of the [name of regional council]
continued on next page
Guideline for the deposit of survey plans for the subdivision of land | LINZG20708
Effective date: 06 April 2010
Registrar-General of Land | Land Information New Zealand
34
Reclamation plans,
Certificate under
s 245(5)(b)—
some or no
conditions
complied with
continued
The following format may be used for a certificate under s 245(5)(b) if
some or none of the conditions on the resource consent have been
complied with.
Under section 245(5)(b) of the Resource Management Act 1991,
I certify that the reclamation conforms with the coastal permit and
the relevant provisions of the Regional Plan. Some/none of the
conditions of the resource consent have been complied with and a
bond has been given under section 108(2)(b) of the Resource
Management Act 1991 and/or a covenant has been entered into under
section 108(2)(d) of the Resource Management Act 1991 in respect of
those conditions that have not been complied with. [dd month yyyy].
[Signature]
Chief Executive/Authorised Officer of the [name of regional council]
Title to reclaimed
land which is land
of the Crown
The procedure for acquiring title to reclaimed land which is land of the
Crown is set out in s 355.
Although the sections are not cross
referenced, if a reclamation under ss 245 and 246 affects Crown land
and the applicant for title is someone other than the Crown, the
procedure outlined in s 355 must also be complied with.
Guideline for the deposit of survey plans for the subdivision of land | LINZG20708
Effective date: 06 April 2010
Registrar-General of Land | Land Information New Zealand
35
19.
Cancellation of prior approvals
Legislation
Section 227 of the RMA and s 327A of the Local Government Act 1974
(LGA)
Application of
s 227
Under s 227, a new survey plan supersedes and cancels any earlier
approved survey plan for the same land, except in the cases listed
below.
Conditions remain
When a new survey plan is lodged, the following conditions on any
earlier approved survey plan for the same land remain:
Exceptions to
cancellation of
prior approval
Cancellation of
building line
restriction
(a)
compulsory easement conditions (refer to s 243), and
(b)
ongoing consent conditions (refer to s 221).
If one of the following types of plans is deposited, then any prior
approval for a plan of the same land is not cancelled (refer to s 227(2)):
(a)
unit plans,
(b)
survey plans that give effect to the grant of a lease under
s 218(1)(a)(iii),
(c)
cross lease plans, and
(d)
company lease plans.
If a TA cancels a building-line restriction in terms of s 327A of the LGA, it
must send a notification of the cancellation to the RGL. The notice is
registered on the affected computer register(s).
Guideline for the deposit of survey plans for the subdivision of land | LINZG20708
Effective date: 06 April 2010
Registrar-General of Land | Land Information New Zealand
36
20.
Restrictions on issuing computer registers
Restrictions on
issue of new
computer register
on an existing
plan
Section 226 sets out the requirements that must be satisfied before LINZ
can issue a computer register to give effect to a subdivision shown on an
existing plan. Note that:
(a)
the restrictions in s 226 only apply to giving effect to the
subdivision shown on the plan. If the subdivision has already been
given effect by the issue of the current computer register, s 226
does not apply;
(b)
section 226 does not reinstate any approval that is deemed to be
cancelled under s 227. This means that s 226(1)(a) to (bb) needs
to be read in conjunction with s 227. For more information on
cancellation of prior approvals refer to Cancellation of Approvals,
section 19 of this guideline.
(c)
existing TA approvals under the RMA and some former equivalent
legislation are recognised as remaining valid. Refer to s 226(1)(a),
(b), (ba), (bb), (bc), and s 227;
(d)
approvals given under equivalent former legislation that precedes
the Municipal Corporations Act 1954 (for urban land) or the
Counties Amendment Act 1961 (for rural land) are not recognised
as valid; and
(e)
the certificate required under s 226(1)(e) applies to a particular lot
or lots on the plan rather than to the plan as a whole.
Guideline for the deposit of survey plans for the subdivision of land | LINZG20708
Effective date: 06 April 2010
Registrar-General of Land | Land Information New Zealand
37
21.
Exemptions and exceptions to the Resource
Management Act 1991
Leases
Section 226A sets out instances where s 11 and Part 10 of the RMA does
not apply. These are summarised below.
Exemption
Legislation
registration of a cross or company lease in renewal or
substitution for a cross or company lease
s 226A(1)(a)
issue of a computer register in respect of a building or
part of a building shown on a plan that:
ss 226A(1)(a)
and 408(1)
 was lodged or deposited before 1 October 1991,
ie the date the RMA was enacted, or
 has a certification under s 314 of the LGA, or
 was approved by the then Chief Surveyor2 before
1 October 1991, ie the date the RMA was enacted
registration of a lease of a residence within retirement
village premises; the certificate referred to in
s 226A(2) to the effect that s 226A(1)(b) applies,
must be attached to the lease
Māori land
s 226A(2)
Section 11(2) provides an exception to the s 11 prohibition on
subdivision for divisions of land that arise as the result of partition of
ownership under Te Ture Whenua Maori Act 1993 (TTWMA).
Such partitions are effected in accordance with plans approved by the
Maori Land Court (s 300 of TTWMA), and TTWMA provides that:
(a)
partitions outside hapu must comply with the RMA (s 301 of
TTWMA); and
(b)
the Maori Land Court cannot make an order for partition outside
the hapu, without a subdivision consent under the Resource
Management Act 1991 (s 303 of TTWMA).
If the TTWMA provisions do not apply, a survey plan for the subdivision
of land cannot be accepted for deposit other than in accordance with
s 224.
continued on next page
2
Now the Surveyor-General. Refer to s 69 of the Cadastral Survey Act 2002.
Guideline for the deposit of survey plans for the subdivision of land | LINZG20708
Effective date: 06 April 2010
Registrar-General of Land | Land Information New Zealand
38
Exemptions and exceptions to the Resource
Management Act 1991,
continued
Exemptions under
other legislation
Exemptions from Part 10 of the RMA may occur in a range of specific
circumstances under various pieces of legislation. These cover, for
example, transfers of land to District Health Boards, or for railways or
schools. A full list of these exemptions and suggested wording for
certificates is provided in Table 2 below.
Statement of
exemption
If a subdivision is exempt from Part 10 of the RMA (under s 11(1) or
otherwise), the grounds for exemption should be stated. Such details
may be provided by or on behalf of the subdivider as follows:
Exempt from the provisions of Part 10 of the Resource Management
Act 1991 [insert plan purpose and statutory authority for the
exemption]
[dd month yyyy]
[Signature]
continued on next page
Guideline for the deposit of survey plans for the subdivision of land | LINZG20708
Effective date: 06 April 2010
Registrar-General of Land | Land Information New Zealand
39
Table 2: Exemption certificates for specific legislation
This table provides suggested wording for certificates that exempt a subdivision from the
requirements of Part 10 of the RMA under other legislation.
Exemption
Exempting legislation
Suggested certificate wording
public works
s 11(1)(b)
Land to be transferred under the Public Works
Act 1981 exempt under section 11(1)(b) of
the Resource Management Act 1991
education
s 206(4) of the
Education Act 1989
Land to be transferred to an institution
exempt under section 206(4) of the Education
Act 1989
state-owned
enterprise
s 11(1)(ca)
Land to be transferred to a state-owned
enterprise exempt under section 11(1)(ca) of
the Resource Management Act 1991
railways
s 25A of the New
Zealand Railways
Corporation
Restructuring Act 1990
Land to be vested in a Crown Transferee
Company exempt under s 25A of the New
Zealand Railways Corporation Restructuring
Act 1990
Crown research
institutes
s 32 of the Crown
Research Institutes Act
1992
Land to be transferred to a Crown Research
Institute exempt under section 32 of the
Crown Research Institutes Act 1992
district health
boards
clause 5 of Schedule 1
of the Health Sector
(Transfers) Act 1993
Land to be transferred to a District Health
Board is exempt under clause 5 of the first
schedule to the Health Sector (Transfers) Act
1993
irrigation schemes
s 12 of the Irrigation
Schemes Act 1990
Land to be transferred is exempt under
section 12 of the Irrigation Schemes Act 1990
housing
s 28(6)(a) of the
Housing Restructuring
and Tenancy Matters
Act 1992
Land to be vested in a Crown Transferee
Company is exempt under section 28(6)(a) of
the Housing Restructuring and Tenancy
Matters Act 1992
airports
s 6(8) of the Airport
Authorities Act 1966
Land to be leased is exempt under section
6(8) of the Airport Authorities Act 1966
Southland Electricity
s 12 of the Irrigation
Schemes Act 1990
Land to be transferred to The Power Company
Limited is exempt under section 12 of the
Irrigation Schemes Act 1990
Far North District
Council
s 7(1) of the Northland
Regional Council and
Far North District
Council Vesting and
Empowering Act 1992
Land vested in the Far North District Council
is exempt under section 7(1) of the Northland
Regional Council and Far North District
Council Vesting and Empowering Act 1992
Guideline for the deposit of survey plans for the subdivision of land | LINZG20708
Effective date: 06 April 2010
Registrar-General of Land | Land Information New Zealand
40
22.
Subdivision of Crown land
Legislation
Section 228
Crown land held
under the Land
Transfer Act 1952
Unless there is a specific statutory exemption, land owned by the Crown
under the LTA will, when subdivided, be subject to the same subdivision
requirements and restrictions under Part 10 of the RMA as privately
owned land.
Crown land not
held under the
Land Transfer Act
1952
Where a TA approves under s 233, a subdivision of Crown land that is
not subject to the LTA:
Issue of new
computer register
(a)
s 224 will apply, and
(b)
approval of the survey plan of the subdivision has the same effect
as if it were deposited in accordance with s 224. Refer to s 228(1)
and (2).
(a)
When a survey plan to subdivide Crown land has been approved by
the Surveyor-General, it is deemed to be subject to the LTA, and
new computer registers may be issued at the request of either the
Director-General of Conservation or the Surveyor-General. Refer
to s 228(1).
(b)
The RGL may not issue a computer register for any land that is
shown as a separate lot unless the subdivision complies with s 224.
Refer to s 228(2).
Guideline for the deposit of survey plans for the subdivision of land | LINZG20708
Effective date: 06 April 2010
Registrar-General of Land | Land Information New Zealand
41
23.
Appendix A: Form for deposit of survey plan
DEPOSIT OF SURVEY PLAN
Land Transfer Act 1952 section 167A
(For use in conjunction with subdivision plans requiring
Territorial Authority approvals and certifications under the
Resource Management Act 1991 or Unit Titles Act 1972)
BARCODE
Land registration district
Plan number
Territorial authority (the Council)
Certifications under the Resource Management Act 1991 (options that do not apply must be deleted)
Pursuant to the Resource Management Act 1991, I hereby certify that:

the above plan was approved by the Council pursuant to section 223 of the Resource Management
1
Act 1991 on the
day of
20

no conditions have been imposed2

all the conditions of the subdivision consent have been complied with to the satisfaction of the
Council3

[some/none] of the conditions of the subdivision consent have been complied with to the
satisfaction of the Council and a [completion certificate and/or consent notice has/have] been
issued [and/or] a bond has been entered into in respect of those conditions that have not been
complied with4

pursuant to section 224(f) of the Resource Management Act 1991, the Council is satisfied on
reasonable grounds that every [building/part of a building] shown on this plan [complies with/will
comply with] the provisions of the building code specified in section 46(4) of the Building Act 20045

the approval of the Council under section 223 of the Resource Management Act 1991 is subject to
the creation of the easement(s) set out in the Memorandum of Easements on the attached
Annexure Schedule6

the approval of the Council under section 223 of the Resource Management Act 1991 is subject to
the amalgamation conditions set out hereon (see Consultation Number ………….) 7

the owner(s) of the land shown in the above plan [has/have] entered into amalgamation covenant
pursuant to section 220(2)(a) of the Resource Management Act 1991 (see Consultation Number
………)8

pursuant to s 239(2) of the Resource Management Act 1991 the easement or other interest
specified in the attached Annexure Schedule, which affects an allotment to vest as reserve, shall
remain with the land upon deposit of the plan9
Dated this
day of
20
………………………………………………………………
Chief Executive/Authorised Officer
Guideline for the deposit of survey plans for the subdivision of land | LINZG20708
Effective date: 06 April 2010
Registrar-General of Land | Land Information New Zealand
42
Annexure Schedule
Plan number
Certifications under the Unit Titles Act 1972 (options that do not apply must be deleted)

Pursuant to section 5(1)(g) of the Unit Titles Act 1972, I hereby certify that every building shown
on the above plan has been erected and all other development work has been carried out to the
extent necessary to enable all the boundaries of every unit and the common property shown on the
plan to be physically measured10

I further certify that the said plan is consistent with proposed unit development plan
Number……………….A11
Dated this
day of
20
…………………………………………..
Chief Executive/Authorised Officer
Memorandum of easements
(Pursuant to section 243 of the Resource Management Act 1991)
Purpose
Shown
Servient Tenement
Dominant Tenement
Amalgamation conditions
(Pursuant to section 220 of the Resource Management Act 1991)
Schedule of easements or interests to remain with land
(Pursuant to section 239(2) of the Resource Management Act 1991)
Purpose/Interest
Shown/Document
Number
Servient Tenement
Dominant Tenement
Certifying parties must sign or initial in this box
Guideline for the deposit of survey plans for the subdivision of land | LINZG20708
Effective date: 06 April 2010
Registrar-General of Land | Land Information New Zealand
43
Notes for completion of this form
1.
This certification is required for all subdivisional plans unless the subdivision is exempt from the requirements
of Part X of the Resource Management Act 1991. If an exemption is to be relied upon in connection with the
deposit of a plan, the statutory authority must be specified.
2.
If conditions have been imposed this certification must be deleted.
3.
If conditions have been imposed and are yet to be satisfied this certification must be deleted.
4.
If conditions have been imposed and are yet to be satisfied this certification should be modified as appropriate.
5.
This certification is only required for plans relating to unit title, cross lease or company lease developments. It
must be deleted in all other cases.
6.
This certification is only required where a subdivision has been approved subject to the creation of easement
pursuant to s 243 of the Resource Management Act 1991. It must be deleted in all other cases.
7.
This certification is only required where a subdivision has been approved subject to an amalgamation condition
pursuant to s220 Resource Management Act 1991. The reference number for the consultation with the Registrar
General of Land must be specified. The certification must be deleted in all other cases.
8.
This certification is only required where a subdivision has been approved subject to an amalgamation condition
and the Council has required a covenant to be entered pursuant to s220 Resource Management Act 1991. The
reference number for the consultation with the Registrar General of Land must be specified. The certification
must be deleted in all other cases.
9.
This certification is only required where the Council wishes to retain an easement affecting an allotment to vest
as reserve pursuant to s 239(2) of the Resource Management Act. It should be deleted in all other cases.
10.
This certification is only required for unit plans under the Unit Titles Act 1972. It must be deleted in all other
cases.
11.
This certification is only required for Stage Unit Plans under the Part 1 of the Unit Titles Amendment Act 1979.
It must be deleted in all other cases.
Guideline for the deposit of survey plans for the subdivision of land | LINZG20708
Effective date: 06 April 2010
Registrar-General of Land | Land Information New Zealand
44