Various Surveying and Planning Definitions
Completion certificate. A completion certificate is issued only to a subdivision consent holder at a date after the Council has given section 224c approval (completion of the subdivision). In normal circumstances all conditions of a consent must be complied with and completed prior to the Council giving section 224c approval. However in some exceptional circumstances a condition cannot be complied with without undue delays. In these exceptional circumstances the consent holder can enter into a cash bond with the Council, usually for 150% of the cost of undertaking the work, until such a date as the work is completed.
Some common reasons for entering into a bond are:
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If there is landscaping required to be done, there are certain times of the year to plant some types of trees. Therefore in this circumstance it would be unreasonable to delay title and the potential settlement of properties for the developer.
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Another reason is the sealing of roads in some locations can only be done at certain times of the year when ground temperatures are warm enough for the tar to stick to the ground.
An Advice Note is additional advice included with the resource consent decision. An advice note could include information about the property, such as geotechnical information, and can include additional fees that are required to be paid prior to the property getting section 224c approval.
An Appeal is when a person or group requests reconsideration of a resource consent decision, abatement notice and decisions on a District plan, Regional plan or Regional policy statement. An appeal is made to the Environment Court, through the District Court. An appeal can only be made by an applicant for a resource consent, or if you made a submission on a resource consent, or you made a submission on a proposed plan or you have been issued with an abatement notice.
The cost (as at October '08) to lodge the appeal is $55 GST inclusive.
An Application Form is the document that is included with the Assessment of Environmental Effects. This document gives a brief explanation of the proposal and details about the applicant and their agent (the person who made the application on their behalf), the location of the property and the legal description.
A Compiled Plan is a set of survey plans a surveyor prepares and certifies. This type of plan is created from existing survey records and negates the requirement for any pegs to be put into the ground. Existing boundary positions and calculations between them is done in order to create the new boundaries.
A Computed Plan is a set
of survey plans a surveyor prepares and
certifies. To do this type of plan a
Licensed Cadastral Surveyor is required to get approval
from the Surveyor General. This type of plan is
created from existing survey records.
A Consent Notice is made under section 221 of the Resource Management Act 1991. A consent notice is imposed as a condition on a subdivision resource consent decision. A consent notice cannot be imposed on any other type of resource consent.
A consent notice ensures the continuing compliance of a condition, or a set of conditions, made in the resource consent decision. A consent notice is registered on the title of the relevant parcels of land when the solicitor creates the titles. An example is shown on the right.
An Amalgamation condition is a condition imposed on a subdivision resource consent where neighbouring parcels of land are included in the same certificate of title. An amalgamation condition saves the property owner extra costs in undertaking the survey.
An Amalgamation covenant is similar to an Amalgamation condition, but is imposed when an amalgamation condition cannot be done. An amalgamation condition cannot be imposed when the two (or more) pieces of land are of different types, for example one piece is a guaranteed free hold title, while the other is limited as to parcel. An amalgamation covenant is made under section 240 of the Resource Management Act 1991.
A Declaration is made by the Environment Court. A declaration is when the Environment Court is asked to define or clarify a matter associated with the operation of the Resource Management Act (RMA). An example is a Council requesting clarification that an activity is not allowed.
Delegated authority is when a Council has conferred the ability to make a decision approving or declining a resource consent to either a staff member or an outside person such as a commissioner.
A Deposited Plan (DP) is the term used to indicate a previously approved cadastral dataset (survey plan) has been deposited with LINZ creating all the titles graphically displayed on the survey and title plan.
Districts. Council administrations are divided into 58 Districts, 15 Cities and one special territorial authority (Chatham Islands).
A Dominant Tenement is the term used in an easement schedule on a Title Plan (see below). Dominant tenement describes what property (or properties) gain the advantage of using another property for a set purpose (the easement). Some examples are: right of way, electricity and drainage easements.
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MEMORANDUM OF EASEMENTS |
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Purpose |
Servient Tenement |
Shown |
Dominant Tenement |
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Right of Way |
Lot 2 |
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Lot 1 |
