An Advice Note is additional information included with a 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 224(c) RMA approval. An advice note usually does not require the person to do anything in order to proceed with the consent.
Affected persons’ written approval can be required by a council in lieu of the requirement for a limited notified or fully notified resource consent. Persons or organisations identified by a Council are requested to give their written approval to an activity that is the subject of a resource consent application. Persons or organisations typically include adjoining landowners, Iwi, NZ Transport Agency, other territorial or regional authorities.
An allotment is defined in s218 of the Resource Management Act 1991 as meaning:
a) Any parcel of land under the Land Transfer Act 1952 that is a continuous area and whose boundaries are shown separately on a survey plan, whether or not -
i) The subdivision shown on the survey plan has been allowed, or subdivision approval has been granted, under another Act; or
ii) A subdivision consent for the subdivision shown on the survey plan has been granted under this Act; or
b) Any parcel of land or building or part of a building that is shown or identified separately -
i) On a survey plan; or
ii) On a licence within the meaning of [Part 7A of the Land Transfer Act 1952]; or
c) Any unit on a unit plan; or
d) Any parcel of land not subject to the Land Transfer Act 1952.
An appellation is the legal description for a specific parcel of land. Land in New Zealand has been numbered and named differently in each Land District over time, and locating land by its historical legal description depends on the Land District and the type of land being dealt with. Some examples include:
Under the current land transfer system each parcel of land is described as a Lot on a DP (Deposited Plan), e.g. Lot 12 DP 345678.
Coastal Marine Area means the foreshore, seabed, and coastal water, and the air space above the water:
(a) of which the seaward boundary is the outer limits of the territorial sea:
(b) of which the landward boundary is the line of mean high water springs, except that where it crosses a river, the landward boundary at that point shall be whichever is the lesser of -
(i) one kilometre upstream from the mouth of the river; or
(ii) the point upstream that is calculated by multiplying the width of the river mouth by five.
Crown Land means land vested in Her Majesty the Queen that is not set aside for any public purpose or held by any person in fee simple. Crown Land in New Zealand is administered under the provisions of the Land Act 1948.
In terms of the Maori Land Act Te Ture Whenua Maori 1993, land (other than Māori customary land and Crown land reserved for Māori) that has not been alienated from the Crown for a subsisting estate in fee simple has the status of Crown Land.
An easement is a right over the land of another without having the right to possession of that land. The land subject to the easement is the ‘servient tenement’. An easement may be for the benefit of the owner of other land (the dominant tenement) or it may for the benefit of a specific person or company without land (easement in gross). Some common easements:
Right of way
Right to convey water
Right to convey gas
Right to convey electricity
Right to convey telecommunications
Right to drain water
Right to drain sewage
An instrument is a legal document referenced on a certificate of title that contains the details of a transaction in respect to land. The most common types of instruments are:
A certificate under s224(c) of the Resource Management Act 1991 is required from the territorial authority to allow the survey plan to be deposited with the Registrar General of Land.
The territorial authority is required under s224(c) to provide a certificate stating that all or any of the conditions of the subdivision consent have been complied with to its satisfaction. For any condition that has not been complied with, the s224(c) certificate must state that one or more of the following relevant actions has been taken:
§ a completion certificate (s222) has been issued;
§ a consent notice (s221) has been issued;
§ a bond (s108(2)(b)) has been entered into by the subdividing landowner
The subdivision of land is defined in s218 of the Resource Management Act 1991 as being:
a) The division of an allotment
i) By an application to the Registrar-General of Land for the issue of a separate certificate of title for any part of the allotment; or
ii) By the disposition by way of sale or offer for sale of the fee simple to part of the allotment; or
iii) By a lease of part of the allotment which, including renewals, is or could be for a term of more than 35 years; or
iv) By the grant of a company lease or cross lease in respect of any part of the allotment; or
v) By the deposit of a unit plan, or an application to the Registrar-General of Land for the issue of a separate certificate of title for any part of a unit on a unit plan; or
b) An application to the Registrar-General of Land for the issue of a separate certificate of title in circumstances where the issue of that certificate of title is prohibited by section 226.
Sustainable management means managing the use, development and protection of natural and physical resources in a way, or at a rate, which enables people and communities to provide for their social, economic and cultural wellbeing and for their health and safety while:
a. sustaining the potential of natural and physical resources (excluding minerals) to meet the reasonably foreseeable needs of future generations, and
b. safeguarding the life-supporting capacity of air, water, soil and ecosystems, and
c. avoiding, remedying or mitigating any adverse effects of activities on the environment.