Definitions - L

Definitions - L - N

The following surveying and planning terms are explained: Land Information New Zealand, Land transfer Plan, Land Use Consent, Lease Plan, Licensed Cadastral Surveyor, Limited As To Parcels, limited notified application, non-complying activity and non-notified application.

Land Information New Zealand (LINZ) is the organisation that holds the information about properties (including title and survey information. LINZ holds these records for the government (Crown).

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Land Transfer Plan (LT Plan) is the term used to describe a survey plan that has been prepared under the Land Transfer Act, but which has not yet had the new titles created.

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Land Use Consent is required when land is being used in such a way that a district or regional plan requires consent for a specific activity. The use of the air, water, coastal marine area and the subdivision of land are excluded from the need for land use consent instead requiring a Discharge permit, Coastal permit or Subdivision consent.

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A Lease Plan identifies where the boundaries of a leased area on a property are going. Usually the leased area will be leased for at least 35 years. A lease plan forms part of a full Cadastral Dataset and is registered with LINZ and a title is generated for that lease.

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A Licensed Cadastral Surveyor is a person who is authorised to oversee and sign a cadastral dataset under Part 3 of the Cadastral Survey Act 2002. All surveys that are approved by LINZ must be completed under the guidance of a Licensed Cadastral Surveyor.

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Some Certificates of title are identified as being “Limited as to parcels” or in some cases “Limited as to Survey”. This usually means that the original boundary definition is not reliable, so survey fieldwork is required in order to confirm the assumed boundary dimensions.

In these situations all of the boundaries need to be surveyed, occupation noted and survey pegs or boundary discs put in. Without this the limitations cannot be removed from the title.

At the completion of the survey, approval is also required from all the neighbours. If all approvals are not forthcoming titles can still be generated, only the limitations will remain on the new title.

A property that is limited as to parcels cannot be amalgamated with a fee simple parcel (one that has no limitations). In these circumstances the parcels are required to have an amalgamation covenant.

In most situations, a title is limited as to parcels because some of the boundaries were defined under the Deeds System. Under the Deeds System many of the boundaries were merely a line on a diagram in the Deeds Book.

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Limited-Notified Application is a type of resource consent application. In the case of limited notified consent, the Council requests comments from neighbours and other people and organisations which it considers to be an affected party. The affected parties are given 20 working days in which to respond to the notification from the Council. An affected party can make a written comment in support or objection or as a comment on the proposal.

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A Non-Complying activity is an activity that requires a resource consent from either the district or regional Council. The Council can refuse to give consent for a non-complying activity. The reason consent may be refused is usually based on the effects being too great and the activity being contrary to the policies and objectives in the District (or Regional) plan.

Generally a non-complying activity is the hardest type of activity to get resource consent for.

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Non-Notified Application is a Resource consent application that does not need public consultation in the form of sending copies to affected parties and placing a notice in the Local newspaper and placing a notice on the site.

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