FAQs
Questions?
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Navigating the land development and subdivision landscape can involve a lot of specialised terminology. Here we demystify the key words and concepts you’re likely to encounter when working with surveyors, planners and councils.
If you need help understanding how they apply to your project, our team is here for you.
How do I subdivide my land?
This may be a requirement of resource consent for an activity that impacts others. Individuals or organisations (landowners, iwi and other territorial or regional authorities) that may be affected are invited to provide written approval. This may be withheld if the individual or organisation believes they will be adversely affected.
An allotment is defined in section 218 of the Resource Management Act (RMA) 1991 as:
- any parcel of land under the Land Transfer Act that is a continuous area and whose boundaries are shown separately on a survey plan; or
- any parcel of land or building or part of a building that is shown or identified separately on a survey plan; or
- any unit on a unit plan; or
- any parcel of land not subject to the Land Transfer Act
A requirement imposed on a subdivision whereby two or more adjoining parcels of land are held together in one Record of Title. An amalgamation condition may be used where adjoining land is in separate ownership and not formally part of the land transfer survey.
The legal description for a parcel of land. Historically, land in New Zealand has been named differently depending on the district and purpose of the land, for example:
- Section 8 Block XLIV Town of Waitara West
- Section 97 Fitzroy Survey District – for Crown land
- Whanganui 7B2A Block – for Māori land
Under the current land transfer system, each parcel of land is described as a Lot on a Deposited Plan (DP), e.g. Lot 12 DP 345678.
This means that LINZ has approved the survey dataset submitted by a licensed cadastral surveyor in relation to a cadastral survey.
A written statement identifying the effects of a proposed activity on the environment. The statement identifies negative effects and how they can be avoided or reduced. An AEE must accompany each application for a resource consent under the Resource Management Act 1991.
A subdivision to change the position of one or more boundaries between land parcels, but does not create additional land parcels. A boundary adjustment is still a subdivision and requires a resource consent. It may be required to reflect an agreement between adjoining landowners when a legal boundary does not match long-standing occupation.
A physical mark placed by a licensed cadastral surveyor to demarcate the legal boundary of a land parcel. A boundary mark is commonly a large wooden peg painted white at the top, or a stainless-steel disk marked ‘boundary mark’ and anchored into a fence post or concrete.
A survey by a Licensed Cadastral Surveyor to locate and, where necessary, reinstate one or more boundary marks for an existing parcel of land. A surveyor who reinstates a boundary mark has a legal duty to ensure the reinstatement is officially recorded on a survey plan and lodged with LINZ. A peg placed or renewed without an official record has no legal status.
Land surveying that relates to ownership and the definition of property boundaries. It involves interpreting and advising on boundary locations, the status of land ownership, and the rights, restrictions and interests in property, as well as recording new survey information. Cadastral surveying involves the physical delineation of property boundaries and determination of dimensions, areas and certain rights associated with property, whether on land or water or defined by natural or artificial features.
The Act defines a CSD as “the set of cadastral survey data necessary to integrate a cadastral survey into the cadastre”. Cadastral survey datasets are held by the Crown and contain all the survey information required to identify and define land parcel boundaries.
The Act governs cadastral surveying in New Zealand to promote and maintain the accuracy of the cadastre by:
- requiring cadastral surveys to be done by, or under the direction of, licensed cadastral surveyors; and
- requiring cadastral surveyors to meet standards of competence to be licensed; and
- providing for the setting of standards for cadastral surveys and cadastral survey data
The CSLB is constituted under section 10 of the Cadastral Survey Act 2002. It set standards relating to the competencies and practical experience required for the licensing of surveyors. Its primary function is the licensing of cadastral surveyors competent to conduct cadastral (land title) surveys.
The foreshore, seabed and coastal water, and air space above the water of which the seaward boundary is the outer limit of the territorial sea and landward boundary is the line of mean high-water springs. Where the Coastal Marine Area crosses a river, the landward boundary is the lesser of one kilometre upstream from the mouth of the river or the point upstream equal to five times the width of the river mouth.
A Consent Notice may be imposed as a condition to a resource consent for subdivision to ensure the ongoing compliance of one or more other conditions required by the resource consent. A Consent Notice is issued under section 221 of the Resource Management Act 1991 and is registered on the Records of Title of the relevant parcels of land.
An activity that is required to have a resource consent from a local or territorial authority and where the consent cannot be declined. The authority may impose conditions on the consent that the applicant must comply with.
An interest in land whereby the purchaser of a dwelling obtains a lease of that dwelling together with an undivided share in the underlying land. The cross-lease title is a single title document recording the proprietors’ undivided share in the land and a lease of the particular dwelling. Cross-lease titles may include common-use areas and exclusive-use areas. Any changes to a cross-lease site or building requires the consent of all other owners.
The land vested in His Majesty the King that is not set aside for any public purpose or held by any person in fee simple. Crown Land in New Zealand is administered under the provisions of the Land Act 1948.
The record of survey and boundary data for a land transfer subdivision that has been deposited by the Registrar General of Lands for the issue of new land titles. A DP includes a graphical representation of the boundaries of the new land parcels and is identified by a number with a DP prefix.
This financial contribution to the territorial authority funds the impact on infrastructure resulting from subdivision and/or development or other land use. Infrastructure may include roads, water supply, wastewater, stormwater drainage, reserves and community facilities.
A Discretionary Activity requires resource consent that the territorial authority has full discretion to grant or deny. The authority may impose conditions that the applicant must meet.
A document prepared by a city or district council to help them carry out functions under the Resource Management Act 1991. The District Plan determines where activities can take place, what restrictions may be necessary, and what natural and cultural resources should be protected. District Plan rules set out the permitted activities and those that require a resource consent.
A right over the land of another without having the possession of that land. The land subject to the easement is the ‘burdened land’. Other land gaining the benefit of the right is the ‘benefited land’. A right granted by an easement is tied to the land and a landowner gains the benefit of that right only while they are in possession of the land. Examples include:
- right of way
- right to convey water
- right to convey electricity
- right to convey telecommunications
- right to drain water
- right to drain sewage
An easement in gross is usually associated with local authorities or utility companies providing services over the land, e.g. water supply, sewer drains, telecommunication, electricity and gas. This is granted to an individual or organisation as the ‘grantee’ and not to land.
A mechanism used to protect riparian and coastal margins. Typically 20 metres wide, an esplanade reserve may be required when adjoining a water boundary for any allotment in a subdivision that is less than 4 hectares. Ownership and management of the esplanade reserve is transferred to the territorial authority at the time of subdivision. The landward boundary is fixed and does not change as the water boundary changes.
Used to protect riparian and coastal margins, esplanade strips may be required by a rule in a district plan when land is subdivided. An esplanade strip is created by a legal instrument between the landowner and territorial authority. It is registered on the record of title but remains in the ownership of the landowner. The landward boundary of an esplanade strip is always parallel to the water boundary and moves with the water boundary if there is accretion or erosion.
Fee simple means that the ownership of the land and any building on it is held solely by the person(s) on the record of title.
The most common form of subdivision, it occurs where new allotments are created under the Land Transfer Act 2017 and ownership is held in an estate in fee simple. Fee simple means that the ownership of the land and any building on it is held solely by the person(s) on the record of title.
It limits or restricts the current and future owners in respect of the use of part or all of that land. For example, a land covenant may limit the height or location of buildings on the land or may be used to protect and preserve existing trees and vegetation.
LINZ is responsible for functions relating to location information, for managing land titles, geodetic and cadastral survey systems, topographic information, hydrographic information, Crown property, and supporting government decision making around foreign ownership.
Replacing the Land Transfer Act 1952, it serves to maintain the integrity of the Torrens system of land title and retain the fundamental principles of that system, which are to:
- provide security of ownership of estates and interests in land
- facilitate the transfer of and dealings with estates and interests in land
- provide compensation for loss arising from the operation of the system
- provide a register of land that describes and records the ownership of estates and interests in land
A cadastral survey dataset prepared under the Land Transfer Act 2017 to allow the creation of interests in land such as lots, easements and covenants, but have not had new titles created. A land transfer plan is identified by a number with an LT prefix.
The authorisation required under the Resource Management Act 1991 for an activity on land that might affect the environment and is not allowed ‘as of right’ in a district or regional plan.
Licensed by the Cadastral Surveyors Licensing Board under the Cadastral Survey Act 2002, they are the only professionals authorised to perform cadastral (land title) surveys in New Zealand.
This means the Registrar-General of Land does not guarantee the shape, dimensions or area of the land parcel described in the record of title. Any dealings in the land that are reliant on them must first remove the “Limited as to Parcels” status. A survey, which must be undertaken by a Licensed Cadastral Surveyor, will interpret all the available physical and documentary legal, survey, and occupation evidence and determine the property boundaries. Prior to a new record of title being issued with the limitation status removed, all adjoining landowners must be in agreement.
This means that only persons identified by the territorial authority to be directly adversely affected by the application are notified and can make a submission on the application.
Land where the customary interest has been converted to a fee simple interest after investigation by the Māori Land Court and the land has not subsequently been sold. Where more than one person owns the land, the tenants in common do not always hold equal shares. The size of the interest of each owner will be noted in the court orders creating the freehold title.
An activity requiring a resource consent that the territorial authority may refuse when adverse effects of the activity cannot be avoided, remedied or mitigated, or when the activity is contrary to the objectives and policies of a District or Regional Plan.
The District or Regional Plan states that the activity can happen without resource consent if certain criteria are met, or the activity is not specifically mentioned in the plan but complies with all required rules.
This records the legal land owners and all dealings with land registered under the Land Transfer Act 2017, including transfer of ownership, mortgages and subject and appurtenant easements.
A function of regional councils is to manage the sustainable use, development and protection of natural and physical resources, including soil, water and associated ecosystems, and to safeguard people and resources from natural hazards.
A consent granted by a local or regional authority for an activity that might adversely affect the environment, that is not permitted ‘as of right’ by the Resource Management Act 1991, or by a rule in a district or regional plan. A resource consent may be granted with conditions that require compliance to mitigate adverse environmental effects.
The Act promotes the sustainable management of natural and physical resources. Sustainable management pertains to the use, development and protection of natural and physical resources to enable people and communities to provide for their social, economic and cultural wellbeing, and for their health and safety while:
- sustaining the potential of natural and physical resources to meet the reasonably foreseeable needs of future generations
- safeguarding the life-supporting capacity of air, water, soil and ecosystems
- avoiding, remedying or mitigating any adverse effects of activities on the environment
An activity requiring a resource consent that the territorial authority may grant with conditions, or deny, but only when decided on specific matters in the District Plan or Regional Plan.
This conveys a right to use another landowner’s land for access and is registered against the land’s record of title. The associated rights and obligations are documented in an easement certificate and governed by the Land Transfer Regulations. The benefiting party may pass over that land on foot or by vehicle but may not obstruct the right of way in any way. Similarly, the landowner providing the right of way cannot restrict access or cause an obstruction to the right of way.
This is prepared as part of a resource consent application for subdivision as a visual representation of the proposed subdivision layout. A scheme plan will include the location of new boundaries, dimensions and areas for the proposed lots, and any other pictorial information that will assist the territorial authority to understand the proposed subdivision and its compliance with the district plan rules.
Issued by a territorial authority under section 223 of the Resource Management Act 1991, it is required prior to approval of a survey plan by LINZ. The authority will approve a survey plan where a subdivision consent has been obtained and it conforms with the subdivision consent.
Issued by a territorial authority under section 224(c) of the Resource Management Act 1991, it is required prior to deposit of a survey plan by the Registrar General of Land and prior to new records of title being issued. The certificate states that the survey plan has been approved under section 223 and all conditions of the subdivision consent are compliant.
Issued by a territorial authority under section 348 of the Local Government Act 1974, it is required when a property owner wishes to create a right of way over land and no subdivision is being undertaken. The authority may impose conditions in relation to the right of way. The certificate and a survey plan must be submitted to LINZ to allow the easement to be registered against the land.
Subdividing legally alters the boundaries of residential, commercial, industrial and Crown land, enabling it to be sold, developed or retained. It creates separate and saleable land titles that define existing interests in the land (including buildings) and may impose limitations on how the land can be used or developed. Subdivision can only be carried out if expressly allowed by a rule in a District Plan or a resource consent.
A cadastral survey dataset that is not prepared for the purposes of the Land Transfer Act 2017 and does not create new interests in land. An SO plan may relate to the acquisition or disposal of Crown land, or a survey of existing property boundaries or information not related to property boundaries. It is identified by a number with an SO prefix.
Survey and Spatial NZ represents members in this sector in New Zealand.
A city or district council responsible for the sustainable management of its territory, the health and safety of people and the environment, the provision of infrastructure and the control of any adverse effects of land use.
An accurate 3-dimensional representation of existing ground levels and contours as well as physical features, buildings and services on and sometimes under the land. A topographical survey is typically translated into a digital or hard-copy format as a basis for design and land development.
It is the act of dividing an area of land and buildings into two or more units, such as apartments, often including property that is shared by the unit owners. A Unit Title has two components: ownership of an individual unit and an undivided share in ownership of common property. Unit Title subdivision is controlled by the Unit Titles Act 2010.
An assessment to avoid, reduce or offset negative impacts that an activity may have on the landscape. Where negative impacts are likely, an LVIA will usually form part of the assessment of environmental effects to a resource consent application.