Subdivision conditions

These conditions relate to subdivision consents and include conditions from elsewhere in the Conditions Manual to provide a comprehensive list of conditions (when all conditions have been completed) that may be relevant to subdivisions.

The conditions are listed under the following topic headings:

  • Standard subdivision conditions
  • Survey plan
  • Consent notices
  • Bonds
  • Road naming
  • Earthworks
  • Geotechnical
  • Contaminated land
  • Construction
  • Stormwater discharge management

The conditions listed under the first five topic headings are primarily subdivision consent (section 11 of the RMA) conditions, although the bond conditions (section 108) are also relevant to land use and regional consents. The conditions listed under second group of five headings are district and regional land use conditions (sections 9(1), 9(2) & 9(3), 15 of the RMA.

The second group of conditions are mostly already listed in other areas of the Standard Conditions. The condition purpose is listed and a hyperlink created to the original condition. The Guidance Note is repeated so that the reader can assess whether or not the condition may be relevant.

Where conditions are subdivision consent conditions (section11) these conditions will be subject to the section 224(c) certificate. The other conditions for district and regional land use consents and permits under sections 9(1), 9(2), 9(3) & 15 will primarily be monitored by the relevant Team Leader Monitoring.

Standard subdivision conditions

General subdivision conditions

Condition 1: Activity in accordance with plans

The [insert details – be specific e.g. 31 residential lot subdivision ] activity shall be carried out in accordance with the plans and all information submitted with the application, detailed below, and all referenced by the council as consent number [insert consent reference number/s].

  • Application form, and assessment of environmental effects prepared by[name]…, dated [date]…

Report title and reference / Author / Rev / Dated
Plan title and reference / Author / Rev / Dated
Other additional information / Author / Rev / Dated

Guidance Note:

This condition is to be included on all subdivision consent applications. Full reference should be given to all relevant plans and documents (including any s92 information). Only document correspondence and emails that change the AEE and that are relied on in the consent assessment. Please refer to final versions of plans and documents.

For joint land use and subdivision consents as well as integrated consents, this condition is to be extended to include references to the documents relevant to the different consent / permit. In such situations, it is recommended that identifiers be put in place to differentiate between the various consents. Under all circumstances, it is essential that this condition identify all of the documentation that the consents rely on.

Condition 2: When the consent lapses

Under section 125 of the RMA, this consent lapses five years after the date it is granted unless:

a.A survey plan is submitted to Council for approval under section 223 of the RMA before the consent lapses, and that plan is deposited within three years of the approval date in accordance with section 224 of the RMA; or

b.An application under section 125 of the RMA is made to the council before the consent lapses (five years) to extend the period after which the consent lapses and the council grants an extension.

Guidance Note:

This condition is to be included in all subdivision consent applications. This condition helps the consent holder to understand their rights and ensure that they are informed appropriately so that they can apply for an extension of lapse date should that be necessary in the future.

Condition 3: Monitoring charges

Guidance Note:

There is no need to apply a condition on a subdivision consent relating to monitoring charges. Applycondition 6 of the Standard Conditions, on any associated land use consent if there are conditions to be monitored.

Condition 4: Provide for a review under section 128

Under section 128 of the RMA the conditions of this consent may be reviewed by the Manager Resource Consents at the consent holder’s cost:

  1. On (state intervals for review- which may be one-off, annual, or less regular over time) following commencement of consent in order:
  2. (delete if not applicable)To deal with any adverse effect on the environment which may arise or potentially arise from the exercise of this consent and which it is appropriate to deal with at a later stage, in particular adverse effects on (describe).
  3. (delete if not applicable)In the case of a discharge permit or a coastal permit to do something which would otherwise contravene section 15 or 15B of the RMA, to require the adoption of the best practicable option to remove or reduce any adverse effects on the environment, in particular adverse effects on (describe).
  4. (delete if not applicable) In the case of (describe any other purpose for example to alter monitoring requirements as a result of ongoing monitoring outcomes).
  5. (for water takes- delete if not applicable) In the case of a water take, to vary the quantities, monitoring, operating and reporting requirements, and performance standards in order to take account of information, including the results of previous monitoring and changed environmental knowledge, on:-
  6. water availability, including alternative water sources;
  7. actual and potential water use ;
  8. groundwater levels;
  9. stream water flow and level regimes;
  10. groundwater or stream water quality;
  11. efficiency of water use;
  12. (For surface takes only) Instream biota, including fish passage and the functioning of aquatic ecosystems.

Guidance Note:

This condition should only be imposed in specific cases where the nature of the activity is such that a review is required after the consent has been given effect. It is unlikely to be necessary for straightforward subdivision consents but may be appropriate where there are land use and regional consents (consents required by regional rules in the Unitary Plan) also required. Reasons for using this condition should always be outlined in the processing officers’ assessment, and the condition should be explicit on the timeframes for a review, the effects that are of concern, and any information requirements.

The review condition should be limited to the specific regional consents in play, rather than including the subdivision consent, unless there is a fundamental run on effect from the review of the specific matters and the subdivision and / or district land use consent.

Condition 5: Section 224(c) certificate

The application for a certificate under section 224(c) of the RMA shall be accompanied by certification from a professionally qualified surveyor or engineer that all the conditions of subdivision consent have been complied with, and that in respect of those conditions that have not been complied with:

a.a completion certificate has been issued in relation to any conditions to which section 222 applies;

b.a consent notice has been issued in relation to any conditions to which section 221 applies; and

c.a bond has been entered into by the subdividing owner in compliance with any condition of subdivision consent imposed under section 108(2)(b).

Guidance Note:

All subdivision consent (s11) conditions (imposed under both s108 and s220) must be met before the issue of the s224(c) certificate, with the following exceptions:

Where, subsequent to the granting of subdivision consent, the council has agreed to a bond (s222) being entered into by the subdividing owner for the completion of work required by a condition/s of subdivision consent.

Where the council has issued a consent notice in relation to condition/s of subdivision consent that is/are to be complied with on a continuing basis by the subdividing owner and subsequent owners.

Where a bond (s108) has been entered into by the subdividing owner for the performance of condition/s such as the maintenance of a stormwater treatment facility, planting, remedial works etc.

Survey plan

Condition 6: Roads to vest

All of the proposed roads shown as lots[x, y & z] on the plan of proposed subdivision shall vest in the council as public roads. The consent holder shall meet all costs associated with the vesting of the roads.

Guidance Note:

Include this condition if there are public roads proposed in the subdivision.

Condition 7: Access ways to vest

Proposed lots [x, y & z] shall vest in the council as access ways.

Guidance Note:

Include this condition if there are public pedestrian access ways proposed in the subdivision.

Condition 8: Reserves to vest

Lots [x, y & z] shall vest in the council as local purpose (esplanade /recreation/ scenic/ drainage, as appropriate) reserve.

Guidance Note:

Include this condition if there are reserves proposed in the subdivision.

Condition 9: Easements to be created

The rights-of-way and any services easements over parts of lots [x, y & z] shall be included in a memorandum of easements endorsed on the survey plan and shall be duly granted or reserved. The consent holder shall meet the costs for the preparation, review and registration of the easement instruments on the relevant computer registers (certificates of title).

Guidance Note:

Include this condition if there are conditional easements for rights of way, services, drainage, pedestrian access, etc., proposed

Condition 10: Cancellation of easements

The existing easement/s for the purpose of xxxx created by the easement instrument zzz over lot xx DP yyyy shall be cancelled under section 243(e) of the RMA. The consent holder shall prepare the section 243(e) resolution within the Land Information NZ Landonline Territorial Authority Certifications portal as part of the survey plan application for this subdivision.

Guidance Note:

Include this condition if there are existing easements affecting the subdivision site that should be cancelled.

Condition 11: Easements in gross

Easements in gross in favour of the Auckland Council for the purpose of providing [public access / access for maintenance of services / overland flow of stormwater / other], shall be created over parts of lots [x, y & z] and shall be included in a memorandum of easements endorsed on the survey plan and be granted or reserved. The consent holder shall meet the costs for the preparation, review and registration of the easement instruments on the relevant computer registers (certificates of title).

Guidance Note:

Include this condition if easements in favour of council are required. In some cases an easement in gross may be required in favour of a utility provider for say underground telecommunication cables.

Condition 12: Amalgamation conditions

Lots [x, y & z] shall be transferred to the owner of lots [a, b & c DP xxxxx (CR yyy)], and one computer register (certificate of title) shall be issued to include both parcels.

Guidance Note:

Include this condition where a lot/s is/are proposed to be held together with another lot/s in the subdivision.

Condition 13: Access lots

Lots [x, y & z] shall be held as to [x undivided one y] shares by the owners of lots [a, b & c] as tenants in common in the said shares and individual computer registers (certificates of title) shall be issued (request no. xxxx).

Guidance Note:

Include this condition where commonly owned access lots are proposed in the subdivision.

Condition 14: Survey plan approval

The consent holder shall submit a survey plan in accordance with the approved resource consent subdivision plan. The survey plan shall show roads and reserves to vest, any easements, bush protection and other covenant areas [delete / amend as necessary e.g. delete bush protection where none] required by this subdivision consent.

Guidance Note:

Include this condition for all subdivision consent applications. The information to be shown on the survey plan may vary from subdivision to subdivision – amend the condition accordingly.

Consent notices

Condition 15: Consent notices

The consent holder shall register with the Registrar-General of Land a consent notice, under section 221 of the RMA, against the computer registers (certificates of title) for lots [x, y & z].The consent notice/s shall record that condition/s [xx, zz & zz] is/are to be complied with on a continuing basis.

Guidance Note:

Consent notices create an interest in land that may be registered on the certificate of title. The conditions the subject of consent notices bind the consent holder and subsequent owners of the land and should be used for conditions that are to be complied with on a continuing basis.

Conditions that are to be the subject of consent notices should clearly identify what is required, how it is to be undertaken and when and with what frequency. For example a condition requiring the protection and maintenance of subsoil buttress drains should specify the frequency of maintenance and a reporting regime confirming the maintenance has been undertaken accordingly.

Examples of matters where conditions that may be appropriate for consent notices include:

Geotechnical requirements for design and construction of buildings,

On-going maintenance of drains, stormwater devices, retaining walls,

The location of buildings in relation to infrastructure such as sewer and stormwater pipes

Protection of native bush, including control of weeds

Bonds

Bond conditions for subdivisions may be imposed under sections108 and 222 of the RMA.

A bond under section 108 may be given for the performance of one or more conditions including conditions that may continue after the consent has expired to ensure the ongoing performance of conditions relating to long term effects.

A bond under section 222 may be given for the performance of one or more subdivision conditions requiring work to be completed but for particular reasons will not be completed prior to the issue of the section 224(c) certificate.

Condition 16: Requirements for bond – section 108

Under sections 108 and 108A of the RMA, before any works commence on the site [amend if other trigger], the consent holder shall provide a bond of $[specify amount] (incl. GST) (bond sum) to the council.

The bond is to ensure the performance of condition(s) [insert condition numbers].

Advice note:

The council may use the bond during (and following) the implementation of the works for the following purposes:

[Examples – tailor to your specifics; note this has been included as an advice note as core obligation / works guarantee should be included in the condition the bond is to ensure the performance of]

  • Any remedial works (by a qualified arborist engaged by the council) to trees as a result of damage during works.
  • Any identified tree requiring replacement, for the replanting of an equivalent specimen and associated maintenance for twelve months.
  • Any landscaping (calculated at $x per m2), whether from failure to provide or replacement upon failure of provided during the maintenance period. This covers the cost of replacement and associated maintenance for x months / years.

Condition 17: Requirements for bond – section 222

Under section 222 of the RMA, and before the issue of the section 224(c) certificate, the consent holder shall provide a bond of $[specify amount] (incl. GST) (bond sum) to the council.

The bond is to ensure the performance of condition(s) [insert condition numbers].

Advice note:

The bond is held and may be used by the council to complete the works required by conditions xx.

Guidance Note:

The quantum of bond is calculated at 1.5 times the actual estimated cost at the time of imposition. A higher multiplier may be appropriate depending on the risk of con-compliance or if a longer term is appropriate.

Bonds should be there to manage risk and ensure necessary and significant mitigation / remediation works are done if the consent holder is not in the frame – such as where the other works enabled by the consent may have been completed (e.g. maintenance of landscaping). Bonds are not imposed to punish non-compliance.

These conditions set out the substance of the bond requirements. They should always be used in conjunction with the ‘process for administering bond condition’ that sets out the procedural obligations for administration of the bond condition.

As it is linked to performance of a another condition, that other condition should be explicit regarding scope of works – and the advice note links into the particular trigger points detailed in the condition it safeguards. As needed, reflect in the detail of the purposes and the structure for any partial releases.

Condition 18: Process for administering bond condition

The bond required under the above condition(s) shall be paid to the council as a cash deposit or a bank guaranteed bond (and being a NZ registered bank).

The council’s solicitor will prepare and execute the bond document. All costs incurred by the council in the preparation execution, variation, administration or release of the bond shall be paid by the consent holder.

[use only if bond more than $50,000] The bond shall be registered against the computer register (certificate of title) [insert legal description] by the consent holder and at their expense, and a copy of the registration documents shall be provided to the Development Engineer [specify area] (if the bond is to ensure the performance of a subdivision condition) or Team Leader [specify area] Monitoring (if the bond is to ensure the performance of a district or regional land use or regional permit condition) within five working days of registration.

Version A: unstaged

The bond sum will be released on the date the conditions it safeguards the performance of have been satisfied to the satisfaction of the Development Engineer [specify area] (if the bond is to ensure the performance of a subdivision condition) or Team Leader [specify area] Monitoring (if the bond is to ensure the performance of a district or regional land use or regional permit condition) and the consent holder has paid all the council’s costs in relation to the bond’s administration.

Or:

Version B – staged.

The bond sum will be released in two stages as follows:

  • [50 or XX]% of bond amount when [insert trigger – timescale or stage of works to be completed] …
  • the balance when the condition it safeguards the performance of have been satisfied in full, to the satisfaction of the development engineer [specify area].
  • the consent holder must also have paid all the council’s outstanding costs in relation to the bond’s administration as at the time of that release.

Advice note:

Please contact the Development Engineer [specify area] (by phone xxxx; fax yyyy or email ) to initiate preparation of the bond.

Guidance Note:

For bond release version A is for unstaged; version B is staged bond release.