The Subdivision Process
Subdivision takes place when existing parcels or blocks of land are divided into smaller parcels, or when an existing boundary is altered. The full definition is set out in Section 218 of the Resources Management Act.
The Application
The Formal Survey
Formal Approval
The Issue of Title
Parallel Processing
The Application
Subdivision requires the consent of the local authority under the Resource Management Act. While any person may submit a resource consent application, surveyors are familiar with the requirements of the district plan in your area. Engaging a surveyor could avoid costly delays or lengthy consultation with the local authority.
The local authority has 20 working days to consider the application once it has all of the required information. The use of a surveyor usually ensures that all the information needed by the local authority is contained in the application, thus avoiding processing delays. An application that complies with the District Plan will usually receive consent, which may be subject to conditions. Your surveyor is the best person to advise you of likely conditions, check that any conditions imposed are reasonable and valid, and submit any appeals.
Formal Approval
The survey plan is submitted to the local authority for formal approval under the Resource Management Act. By now you, as applicant, should have complied with any conditions that may have been part of the subdivision consent. If you have still to comply with the conditions, the formal approval of the plan may be delayed, or you will have to enter into an arrangement with the local authority to complete them.
After the plan has been formally approved by the local authority, it has to be signed by the registered owners. It can now be lodged with Land Information New Zealand for issue of title.
The Issue of Title
The plan is submitted to the District Land Registrar who will sign and deposit it only after all legal requirements have been met. Titles can then be issued to the new owners.
Parallel Processing
For faster processing, Land Information New Zealand now simultaneously examines the plan and deposit documents if they are lodged together. This procedure requires consultation between your surveyor and solicitor.