Terminology

Affected persons’ written approval may be required by an authority for an activity that requires a resource consent. Individuals or organisations that may be affected by the activity are invited to give their written approval. Written approval may be withheld if the individual or organisation believes they will be adversely affected. Affected persons may include adjoining landowners, iwi, and other territorial or regional authorities.

An allotment is defined in section 218 of the Resource Management Act 1991 as:

a)      Any parcel of land under the Land Transfer Act that is a continuous area and whose boundaries are shown separately on a survey plan; or

b)      any parcel of land or building or part of a building that is shown or identified separately on a survey plan; or

c)      Any unit on a unit plan; or

d)      Any parcel of land not subject to the Land Transfer Act.

Appellation means the legal description for a parcel of land. Land in New Zealand has historically been named differently depending on the land district and the purpose of the land. Examples include:

• Section 97 Fitzroy Survey District – for Crown Land
• Matarikoriko 7B2A Block – for Māori Land
• Section 8 Block XLIV Town of Waitara West – for land in a town

Under the current land transfer system each parcel of land is described as a Lot on a Deposited Plan (DP), e.g. Lot 12 DP 345678.

A boundary reinstatement survey means a survey by a Licensed Cadastral Surveyor to locate and where necessary reinstate one or more boundary marks for an existing parcel of land. A surveyor who reinstates a boundary mark has a legal duty to ensure the reinstatement is officially recorded on a survey plan and lodged with Land Information New Zealand. A peg placed or renewed without an official record has no legal status as a boundary mark.

The Cadastral Survey Act 2002 governs cadastral surveying in New Zealand. The purpose the Act is to promote and maintain the accuracy of the cadastre by

a)      requiring cadastral surveys to be done by, or under the direction of, licensed cadastral surveyors; and

b)      requiring cadastral surveyors to meet standards of competence to be licensed; and

c)      providing for the setting of standards for cadastral surveys and cadastral survey data.

Cadastral surveying is the discipline of land surveying that relates to land ownership and the definition of property boundaries.  It involves interpreting and advising on boundary locations, the status of land ownership, and the rights, restrictions and interests in property, as well as recording new survey information.  Cadastral surveying involves the physical delineation of property boundaries and the determination of dimensions, areas and certain rights associated with property, whether on land or water or defined by natural or artificial features.

Coastal Marine Area means the foreshore, seabed, and coastal water, and the air space above the water of which the seaward boundary is the outer limit of the territorial sea and the landward boundary is the line of mean highwater springs. Where the Coastal Marine Area crosses a river, the landward boundary is the lesser of one kilometre upstream from the mouth of the river or the point upstream equal to five times the width of the river mouth.

Crown Land is the 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.

A Deposited Plan is the record of survey and boundary data for a land transfer subdivision that has been deposited by the Registrar General of Lands for the issue of new land titles. A Deposited Plan includes a graphical representation of the boundaries of the new land parcels and is identified by a DP prefix and a number, e.g. DP 345687.

An easement is a right over the land of another without having the possession of that land. The land subject to the easement is the ‘burdened land’. Other land gaining the benefit of the right is the ‘benefited land’. A right granted by an easement is tied to the land and a landowner gains the benefit of that right only while they are in possession of the land. Examples include:

• Right of way
• Right to convey water
• Right to convey electricity
• Right to convey telecommunications
• Right to drain water
• Right to drain sewage

An easement in gross is granted to an individual or organisation as the ‘grantee’ and not to land. An easement in gross is usually associated with local authorities or utility companies providing services over the land, e.g. water supply, sewer drains, telecommunication, electricity, gas.

The Land Transfer Act 2017 replaces the Land Transfer Act 1952. The purpose of the Act is to maintain the integrity of the Torrens system of land title in New Zealand and retain the fundamental principles of that system, which are to

a)      provide security of ownership of estates and interests in land; and

b)      facilitate the transfer of and dealings with estates and interests in land; and

c)      provide compensation for loss arising from the operation of the system; and

d)      provide a register of land that describes and records the ownership of estates and interests in land.

A land transfer plan is a cadastral survey dataset that has been prepared under the Land Transfer Act to allow the creation of interests in land such as lots, easements and covenants. It is a cadastral survey dataset that is approved as to survey but from which new records of title have not yet been created. A land transfer plan is identified by an LT prefix and a number, e.g. LT 523456.

The purpose of the Resource Management Act 1991 is to promote the sustainable management of natural and physical resources. Sustainable management mean managing the use, development, and protection of natural and physical resources to enable people and communities to provide for their social, economic, and cultural well-being and for their health and safety while

(a)   sustaining the potential of natural and physical resources 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.

A right of way easement conveys a right to use another landowner’s land for access purposes. The right of way easement is registered against the record of title to that land. The rights and obligations associated with the right of way are documented in an easement certificate and governed by the Land Transfer Regulations. The party gaining the benefit of the right of way may pass over that land on foot or by vehicle but may not obstruct the right of way in any way. Similarly, the landowner providing the right of way cannot restrict access or cause an obstruction to the right of way.

A certificate issued by a territorial authority under section 224(c) of the Resource Management Act 1991 is required prior to deposit of a survey plan by the Registrar General of Land and prior to new records of title being issued. The certificate will state that the survey plan has been approved under section 223 and all of the conditions of the subdivision consent have been complied with to the satisfaction of the territorial authority.

Subdivision is the process of dividing a parcel of land or a building into one or more further parts or changing an existing boundary location. Subdivision creates separate and saleable land titles that define the existing interests in the land (including buildings) and may impose limitations on the landowner or occupier for how the land can be used or developed. Subdivision can only be carried out if expressly allowed by a rule in a District Plan or a resource consent.

A territorial authority is a city council or district council responsible for the sustainable management of the city or district, the health and safety of people and the environment, the provision of infrastructure, and the control of any adverse effects of land use.

A topographical survey is an accurate 3-dimensional representation of existing ground levels and contours as wells as physical features, buildings and services upon and sometimes under the land. A topographical survey is typically translated into a digital or hard-copy format as a basis for design and land development.

Unit Title subdivision is where more than one dwelling or building is built on land with a single record of title and separate ownership is required for each dwelling or building. This includes multi-storey developments and the unit title allows for ownership to be defined in three dimensions. A Unit Title is made up of two components: ownership of an individual unit and an undivided share in the ownership of the common property. Unit Title subdivision is controlled by the Unit Titles Act 2010.