If you are planning to subdivide land, there are a number of
complex and overlapping requirements you need to be aware of:
Information New Zealand (LINZ) requirements.
Your lawyer and surveyor/planner can help you through these
steps to achieve the result you are aiming for.
This guide is an outline of the steps you will need to work
through for your subdivision:
A subdivision is a "use" of land under the law which requires
the consent of your local Council. In addition, Council have
"rules" set out in the district plan about what types of
subdivisions are allowed in the zone your land is in.
You will need to apply to Council for a subdivision consent.
Prior to making the application, you should speak to your lawyer
and surveyor/planner to:
the rules, policy and zoning requirements in the district plan;
the certificate of title for the land and the effect of any
Investigate any physical constraints of the land;
Investigate what services (eg: sewer, stormwater, water etc.) are
in place and what services may be needed;
Involve specialist engineers or others to provide reports, if
necessary (eg: soil condition, foundations, access, traffic impact
Inspect and measure the proposed subdivision to prepare the draft
Prepare an application with a plan and submit to Council - allow 20
working days for a response from Council, but be aware that Council
may request further information and extend this timeframe.
If your property is subject to a mortgage or any
other registered interest, you will also need to obtain consent
from your bank if the subdivision goes ahead. Please note that
Maori land is subject to separate rules.
Resource Consent and Conditions
If your application complies with the district plan, Council
will grant consent, usually subject to conditions. These conditions
are things you must do as part of your subdivision to satisfy
Council's requirements. In most cases, you will also be required to
pay development contributions (DCs) as part of your consent. DCs
are financial contributions to Council for infrastructure and can
be costly - you should factor potential DCs in to the cost of your
You should provide your lawyer and surveyor/planner with a copy
of the consent and they can talk you through the effect of the
conditions. If you are unhappy with any of the conditions, you have
15 working days from date of consent to object to Council.
Once you have approved the consent, you can proceed with your
subdivision. Be aware that most consents expire 5 years from the
date of issue.
the Consent Conditions for Section 224(c) Certificate
The next step is to complete the conditions imposed by Council,
which generally involve:
(being physical works for driveway, curbs, drainage etc. and
installation of services for phone/power/gas/water etc.); and
Documents for registration.
In most cases, the works/services are to be managed by you but
you will need to involve your lawyer to document any consent
notice, easements, bonds or other interests to be registered.
As part of the document process, your lawyer will also discuss
terms of any easements to be registered in regards to benefit,
restrictions, costs, maintenance etc. - note than service providers
have standard terms for these;
land covenants ("rules") you might wish to apply to the land once
subdivided - these are common in most residential subdivisions;
rights and options for your bank as mortgagee of the land.
Once the conditions have been met and any DCs have been paid,
you can request a certificate from Council approving these, known
as a "Section 224(c) Certificate." You will need to forward the
Section 224(c) Certificate to your lawyer to ensure it meets LINZ
Transfer Plan andSection 223 Certificate
Your surveyor will need to carry out the formal measuring of the
subdivision, pegging of boundaries and the land transfer plan (LT
plan). The LT plan will also include any easement areas,
amalgamations, roads or reserves which may be required under the
conditions of your consent.
In most cases you will either have completed or be completing
the conditions imposed by Council so that any easement areas,
amalgamations, roads or reserves can be shown on the LT plan.
Once the LT plan is prepared, your surveyor will apply to
Council for approval of the LT plan, known as a "Section 223
Certificate." Often the applications for the Section 223 and 224(c)
Certificates are filed at the same time. Once you have these
certificates, these can be lodged with the LT plan with LINZ for
LINZ will check the LT plan and section 223 Certificate to
ensure these are compliance before registering. This can be done in
advance of Step 3 above but in most cases the LT plan and section
223 Certificate are lodged with the Step 3 documents for faster
Order for New Certificate of Title
Once the Section 223 and 224(c) Certificates are available, your
lawyer will then need to finalise the documents and set up a LINZ
Discharge (or consent) of any mortgages or other charges on the
for new certificates of title;
partial transfer, if required for a boundary adjustment;
consent notice required by Council; and
Register the terms of any easements, encumbrance, land covenants or
other interests required for the new titles.
Ideally the LT plan, section 223 Certificate, section 224(c)
Certificate and all documents referred to above are lodged the
together for LINZ to process with a fast-track request (which
generally means a response from LINZ within 10 working days).
LINZ can requisition (query or ask for more
information) or reject any of the documents if they do not comply
with LINZ requirements. Working closely with your lawyer and
surveyor will minimise the chances of a requisition or rejection.
Once LINZ grants approval, the LT plan deposits and the new
certificates of title are issued.
The timeframe for completion is dependent on the
extent of the consent conditions imposed, the work required and
other related matters. Talk to your lawyer or surveyor for more
detailed information on timeframes.