FAQs

The following are some of the terms that you may come across when dealing with land development.

  • 223 Certificate – Is a certificate issued by Council when they are satisfied that the survey plan prepared by the surveyor is consistent with the subdivision consent and approved scheme plan. The certification is processed digitally on line through LandonLine. (LOL)
  • 224(c) Certificate – Is a certificate issued by Council when they are satisfied that all of the conditions of the subdivision consent have been satisfied. This is also commonly called the completion certificate. The certification is generally processed digitally on line through LandonLine. (LOL)
  • Affected Party – Is a person or organisation that may be affected by an activity. The Local Authority may require the written consents of affected parties to demonstrate to the Council that either the proposal does not affect that party, or the concerns of a potentially affected party have been addressed by the person applying for a Resource Consent.
  • Amalgamation Condition – A condition imposed by a Council requiring that two or more parcels of land are held in the same Certificate of Title. It may also refer to a condition relating to a shared access lot
  • Boundary Adjustment – A subdivision where the boundary or boundaries between two or more properties are adjusted and where no additional lots are created.
  • Certificate of Title ( Computer Freehold Register) – A legal document held by Landonline which provides information regarding the ownership and interests in land. It is held in a database called Landonline administered by LINZ. It contains information such as the registered owners of the land, boundary dimensions, area, easements, covenants mortgages and other encumbrances on the land.
  • Covenant – binds the owner to do or not to do something on a specific part of their property. A common example of a covenant is where the landowner covenants with the Local Authority to protect in perpetuity an area of land that has significant conservation value, such as bush or wetland in order to mitigate the effects of the subdivision. Another example is a covenant binding the landowner to build on a specific building platform. All covenants are registered on the certificate of title.
  • Controlled Activity – is a term set out in the Resource Management Act 1991. A Controlled Activity means that a Resource Consent is required for the activity and the consent authority, except in certain cases, must grant the resource consent. The consent authority has the power to impose certain conditions in granting the consent.
  • Deformation or Monitoring Survey – This is a survey where repeat measurements are taken over a period of time on a structure or the ground to determine if there are any movements in it. This provides useful information regarding how a structure or the ground is behaving under certain conditions. An example of this is to repeatedly measure the face of a water dam wall to determine whether the wall is moving, thereby indicating a possible failure of the wall. Another is to monitor the ground levels of a property to determine whether the ground is stable.
  • Development Contributions – These are a financial contribution sometimes imposed by a Council when a property is either subdivided or developed. They are imposed in order to meet the costs of upgrading the public infrastructure caused by the increased demand created by the application.
  • Discretionary Activity – This is defined in the Resource Management Act 1991 where a Resource Consent is required for the activity; and the consent authority may grant the resource consent with or without conditions or decline the resource consent; and the activity must comply with the standards, terms, or conditions, if any, specified in the District Plan.
  • District Plan – This is a document prepared by a Local Authority which controls activities and sets the framework for managing land use and development within their territorial region. It contains objectives, policies and rules to address resource management issues such as the effects of land use and subdivision, noise and traffic.
  • Easement – This is a right conveyed from one property to another property or entity. An example is where a rear property in a residential suburb uses the driveway over the front section to gain access to the road (Right of way easement).
  • Engineering Plan – May include driveways, roads, sewers, storm water or earthworks plans
  • Environmental Impact Assessment – This is an assessment of the impact a particular activity may have on the environment. The Resource Management Act 1991 requires that any adverse effects that are considered to be more than minor are to be adequately avoided, remedied or mitigated.
  • Environment Court – The Court deals with planning matters and provides rulings upon various planning matters and disputes.
  • Esurvey Plan – Is a digital plan prepared on landonline by the surveyor and is referred to as a dataset.
  • Geotechnical Report – Is a report which covers the geology, soils and hazards (land stability, flooding etc) of a property.
  • GPS – Global Positioning System – This is a system provided by the United States and latterly by Russia that contains satellites orbiting the earth. These satellites emit radio signals, which receivers can use to determine position. Surveyors use GPS for a number of applications. Techniques have been developed to obtain very accurate results using GPS.
  • Infill Housing – This form of subdivision is often the subject of a number of site constraints such as topography, existing land parcel boundaries, stability, difficult access and limited availability of public services, and potentially affected neighbouring parties. Careful planning and design is required to ensure the process runs as smoothly as possible. Such subdivisions may require extension of the public storm water, wastewater, and water supply to be able to service all lots.
  • Land Use Consents – Your local Councils District Plan will determine whether or not your proposal requires a land use consent in terms of the Resource Management Act 1991.
  • LIM Report – Land Information Memorandum. This is a document provided by the District Council upon application by an interested party. It provides all of the information the Council has on a particular property. Such information may include a copy of the title, services information, building information, Resource Consents issued, reports held by the Council and Council Rules which may affect the property etc
  • Limited Notification – When the Local Authority is considering an application for a Resource Consent, they may consider particular parties to be potentially affected by the proposed activity. If the applicant has not provided the written consents of these affected parties, then the Council may serve notice on these parties and provide them with time to provide a submission on the proposal.
  • Limited Title – This is a certificate of title which contains an endorsement such as “Limited as to Parcels”, or “Limited as to Title”. Limited as to parcels means that the boundary measurements and the area of the property are not guaranteed by the Crown until a survey is undertaken and the limitations removed. Removal of limitation surveys can be more complex than normal boundary surveys because they require the age of boundary occupation (fences, buildings, walls) to be taken into account as well as survey plan records. Measurements to occupation on adjoining properties will also have to be taken and any shortages and excesses in title distances will be adjusted to obtain what measurements for the property under survey. A plan is then prepared and submitted to Landonline for approval as to survey. It is normal practice to obtain adjoining owners approval to the new boundary positions. However where this is not practicable notices are sent to the owners when the application for new title is made and the adjoining owners have a limited time in which to object to the surveyed positions. If an objection is made it is usually followed by the lodgement of a caveat and the new title will not be issued until a resolution between the owners has been reached. In extreme cases the Court will decide the boundary positions after reviewing all the available evidence.
  • Maori Land – This is land which falls under the jurisdiction of the Maori Land Court.
  • Non-Complying Activity – Is an activity which does not comply with the rules of a District or Regional Plan
  • Permitted Activity – This is an activity which does comply with the rules of a District or Regional Plan, and that does not require a Resource Consent for the activity to occur.
  • PIM Report – Project Information Memorandum. This is a document provided by the District Council upon application by an interested party for a building consent. It provides all of the information the Council has on its records for a particular property with respect to the building consent application. Such information may include a copy of the title, services information, building information.
  • Public Notification – When the Local Authority is considering an application for a Resource Consent, they may consider there to be adverse effects created by the proposed activity, which may have wider effects than on known parties such as the immediate neighbours to the property. The Council may serve notice on parties whom they consider to be potentially affected and advertise the proposal in the local newspaper and provide a timeframe for any party to provide a submission on the proposal.
  • Right of Way – This is an easement which allows a right to pass over a defined part of property.
  • Redefinition Survey – This is a boundary survey which relocates boundaries that are already in existence. The boundary pegs/markers which were placed when the boundaries were originally created may have been removed or destroyed over a period of time.
  • Resource Consent – Includes a Land Use consent, Subdivision Consent, Coastal Permit, Water Permit or a Discharge Permit. The former two are dealt with by the District Council. The latter three are dealt with by the Regional Council. Refer to each type in this glossary for a definition
  • Scheme Plan – This is a plan prepared to support a subdivision consent
  • Subdivision – Is the division of a title into two or more titles. It includes adjusting the boundaries between two titles. It may also include combining existing titles into fewer titles. This is a process where one or more titles are cancelled and new titles are issued in their place.
  • Subdivision Consents – All subdivisions require resource consent in terms of Part X of the Resource Management Act 1991. A resource consent application for a subdivision will include a description of the proposal, a scheme plan depicting the existing situation and proposed new boundary layout, and a thorough assessment of environmental effects. .
  • Survey Plan – This is a set of plans produced as a result of a legal survey. The survey plan is made up of two types ,the Title sheet, which contains information regarding boundary dimensions, areas, easements and covenants. The other is the survey sheet which contains information regarding survey marks and the relationships between them and connections to boundaries. With an Esurvey the plan (or dataset) is prepared digitally on landonline and will include not only a survey and title sheet, but also local authority certificates, calculation sheets, occupation diagrams, survey reports lodged digitally as supporting documents.
  • Topo or Topographic Survey – This is a survey undertaken to measure the contour of the land and may record any features on the land, such as building, trees or other structures.