Absolute Land Solutions

Resource Management, Town Planning and Land Surveying Professionals

Definitions - S

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

This page contains the following planning and surveying definitions: scheme plan, section 92 request, section 223 certificate, section 224c certificate, section 226 certificate, section 348 certificate, servient tenement, subdivision, submission, survey approval, survey office plan, and survey plan.

 

A Scheme Plan is a visual layout of what is proposed to be done in the field during a survey. A scheme plan is used as part of a resource consent application.

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A Section 92 Request is a request by your city, district or regional council for additional information in order to assess your application for resource consent. It is important that an applicant acknowledges a section 92 request to the Council, either agreeing or disagreeing with the request. If the applicant does not acknowledge the request, the Council can decline the application based on there being insufficient information available for them to complete the application.

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Section 223 Certificate is when the District or City Council approves a Title Plan and any easement shown on the plan.

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Section 224c Certificate is when the District / City Council signs a subdivision as having been completed and all the conditions of consent have been complied with, or:

1. A condition requires ongoing compliance and so a consent notice is created and the conditions are registered on it for each Lot; or

2. A condition cannot be complied with at the moment, so a cash bond has been entered into until it can be complied with.

Once section 224c approval is gained a surveyor usually applies for Survey Approval from Land Information New Zealand, and a lawyer can apply for the new titles.

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A Section 226 Application is when a certificate of title has two or more individually defined parcels that are joined into the same certificate of title. If under the District plan, a subdivision could be done that severs the title through existing identified boundaries, and there is no need for a condition on a resource consent, then a request can be made to the Council to have the amalgamated parcels separated into separate titles. In this situation a request is made under Section 226 of the Resource Management Act 1991. It is important to note that not all Councils allow section 226 applications (for example the Queenstown Lakes District Council).

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A Section 348 Application is made when a property owner wishes to have a right of way over their property and there is no subdivision being undertaken. In these situations a request is made to the Council for a certificate under section 348 of the Local Government Act 1974. This certificate is registered with a survey plan from a surveyor at Land Information New Zealand.

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A Servient Tenement is used to describe a property that has an easement over it and whose benefit is for another property or organization.

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Subdivision consent is a consent to subdivide a property, either by a Fee Simple title, unit development, cross-lease or lease.

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Submission means a written submission on a proposed District or Regional Plan, Regional Policy Statement or Resource Consent Application.

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Survey Approval is when LINZ approves a set of plans and reports from the licensed cadastral surveyor.

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A Survey Office Plan is a set of plans prepared by a surveyor of land that is held in Crown ownership.

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A Survey Plan is a plan that accurately displays the position of the legal boundaries on a property, including how they were established.  These plans are lodged with Land Information New Zealand to obtain the new certificate of title for the new lots. The survey plans show the survey marks and information necessary to determine the areas of lots and the dimensions of the lots, easements and covenants.

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A Survey Report is the report written by the Licensed Cadastral Surveyor for Land Information New Zealand outlining the method, assumptions and problems the survey has encountered during the process.

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