Subdivision is the division of a parcel of land into smaller parcels via resource consent and the legal processes associated with obtaining new titles. Subdivision provides new land for development and is in demand in the Kaipara district, particularly in the Mangawhai area. This section provides information about subdivisions and the certification process. You can also refer to our Subdivision Guides, found here.
Please direct any queries regarding post-consent subdivision obligations to RMAConsents@kaipara.govt.nz.
The subdivision consent alone does not give you new land titles. There are still a number of steps to be completed before you can apply to the District Land Registrar (through Land Information New Zealand (LINZ) to have new certificates of title issued.
These steps include the issue of the Section 223 and Section 224(c) certificates. These sections are referred to in the Resource Management Act.
When reading through your subdivision consent decision you will notice that it has been issued subject to a number of conditions. These conditions are usually broken up into two parts – those that must be completed before the Section 223 certificate may be issued, and those that must be completed before the Section 224(c) certificate may be issued.
In essence, the Section 223 conditions and engineering plans relate to the preparation of an accurate subdivision scheme plan and associated legal documents such as easements or land covenants that are endorsed on the survey plan.
The Section 224(c) conditions on the other hand, predominantly relate to the completion of physical works on the site, such as the connection to services, or the construction of access routes, legal documents, and contributions.
A Consent Notice is issued pursuant to Section 221 of the RMA. A Consent Notice is a legal instrument which is registered against the titles of the newly created lots which brings future purchaser’s attention to certain conditions relating to those lots. Consent Notices can refer to ongoing issues or monitoring, and restrictions on matters of design, planting and engineering.
As part of a subdivision, you may offer or Council may require you to set aside an area of land as a Conservation Covenant, for protection of indigenous forest or other ecosystems. A Covenant is treated as a mitigation measure for significant developments.
Creation of a Covenant is a legal process under Section 114 of the Reserves Act 1977, and the Covenant will be registered against the titles of the newly created lots. The Covenant area must normally be fenced against stock, maintained and protected in perpetuity. The Covenant can be protected via the Reserves Act, or as part of the Queen Elizabeth II Trust.
Once subdivision consent is issued an applicant has up to five years to lodge a survey plan with us.
This plan is a detailed plan prepared by a registered surveyor showing the boundaries, areas, and if relevant any easements and covenants that need to be prepared.
If the plan is in accordance with what was approved by us as part of the subdivision consent then a Section 223 certificate approval will be signed and all 223 conditions complied with.
Once this has been signed, the plan may then be lodged with Land Information New Zealand (LINZ) for approval.
This lodgment is the responsibility of the applicant. Applicants should allow a minimum of 10 working days for processing of a 223 certification application.
An applicant has a further three years from the date of signing of the 223 certificate to obtain titles. A Section 224(c) certificate is a final approval from us that all conditions of the subdivision consent have been complied with and titles can be issued.
A formal application for 224(c) certification needs to be made once all works required as part of the subdivision have been completed. This application needs to set out each condition of Resource Consent and comment on how compliance has been achieved.
The processing of a 224(c) certificate requires Council officers and engineers to undertake a site inspection, review supporting documentation, confirm that the relevant development contributions have been paid and undertake a check of each condition of Resource Consent.
Once we are satisfied that all conditions of subdivision consent have been complied with then the 224(c) certificates will be signed. An applicant must then lodge this certificate with Land Information New Zealand (LINZ) to allow separate titles for the newly created lots to be issued.
Please note that we are not responsible for the application for new titles – the subdivision consent holder or their agent must make this application.
The 224(c) certificate must be lodged with LINZ prior to the lapsing of Section 223 approval (three years from the date of signing); otherwise an applicant’s subdivision consent will lapse.
Applicants should allow a minimum of 15 working days for processing of a 224(c) certification application.