Subdivision is the process of dividing land into smaller parts under the Resource Management Act 1991. This page provides an overview of registration matters that are relevant to depositing a subdivision plan.
LINZ resources
LINZ has developed resources to help you with the registration requirements for subdivisions.
- Access the deposit of survey plans for the subdivision of land guideline 2018
- Access a Subdivision checklist
Instrument codes
Instruments for subdivisions and their codes are set out below.
| Instrument | Code |
|---|---|
| Certificate under section 223 Resource Management Act 1991 | C223 |
| Certificate under section 224 Resource Management Act 1991 | C224 |
| Consent notice under s 221 Resource Management Act 1991 | CONO |
| Partial cancellation of condition in consent notice (s 221 Resource Management Act 1991) | PCON |
| Cancellation of condition in consent notice (s 221 Resource Management Act 1991) | CCON |
| Variation of consent notice condition (s 221 Resource Management Act 1991) | V221 |
| Certificate under s 226(1)(e) Resource Management Act 1991 | C226 |
| Esplanade strip (s 232 Resource Management Act 1991) | C232 |
| Variation of esplanade strip (s 234 Resource Management Act 1991) | V234 |
| Cancellation of esplanade strip (s 234 Resource Management Act 1991) | C234 |
| Covenant (against transfer of allotments) (240 Resource Management Act 1991) | C240 |
| Partial cancellation of certificate under s241(3) Resource Management Act 1991) | P241 |
| Cancellation of certificate under s 241(3) Resource Management Act 1991) | C241 |
| Revocation of conditional easement (s 243 Resource Management Act 1991) | C243 |
| Bond (s 108(2)(b) Resource Management Act 1991) | BON |
| Variation of bond (s 109 Resource Management Act 1991) | VBON |
| Partial discharge of bond (s 109 Resource Management Act 1991) | PBON |
| Reclamation Certificate (s 245(5) Resource Management Act 1991) | C245 |
| Certificate specifying mining rights under s 417 Resource Management Act 1991 | C417 |
| Partial release of certificate specifying mining rights under s417 Resource Management Act 1991 | P417 |
| Order for new title | OCTN |
| Consent to deposit of plan under the Resource Management Act 1991 | CON |
| Easement instrument (to create easement, profit a prendre, land covenant) | EI |
| Land covenant instrument (to create a land covenant) | LCOV |
A full list of instruments and their method of lodgement is available on the E-capable and non e-capable instruments page.
Pre allocated titles
The surveyor has the ability to allocate new title references to lots on a subdivision plan.
We recommend that the practitioner uses the new title references in their dealing to deposit the plan. Information about how to do this is set out in section 5.2.3 of the e-dealing User Guide.
It is possible to change the pre-allocated titles at any time before LINZ approves the survey plan. This might be necessary for example where, the client elects to hold all new parcels in one title, or the parcels must be rearranged to satisfy an amalgamation condition.
Order of registration
When registering transfers to bring new lots or part lots into common ownership, ensure that such transfers are placed prior to the document that requests new titles (OCTN) in the dealing, and that such transfers show the existing title reference. The new title reference does not exist until after the OCTN (which issues the new titles).
Instruments under section 223 and 224(c) Resource Management Act should be placed before the OCTN.
When lots on the new plan are to be vested, any discharge of mortgage required for that purpose should be placed ahead of the OCTN and should show the existing title reference.
When easements or land covenants affect a new lot on a plan, place the easement/covenant instrument after the OCTN.
Note: It is not necessary to lodge separate OCTN's when titles are to be issued in different ownerships. One OCTN can be used to order multiple new titles even if ownership is different.
Other registration matters
Existing easements
It is important that the survey plan and the legal documents that are lodged are consistent and aligned.
Existing easements and covenants should be carefully assessed by the surveyor and the practitioner. All existing easements and land covenants, including those that will be surrendered, revoked or extinguished, are to be accounted for within the survey plan.
There may be practical reasons to leave an existing easement off a survey plan (the easement is no longer needed or used), but there may be overwhelming practical difficulties in legally removing the easement. For example, removing the easement may require un-cooperative parties to execute a surrender document, or obtaining a Court order to extinguish the easement.
If the legal difficulties are explored early, the surveyor, practitioner and client can agree to retain the easement, show it on the new survey plan and avoid the difficulties.
Certificates under sections 223 and 224 Resource Management Act 1991 - expiry
LINZ cannot deposit plans with lapsed section 223 approvals reviews the expiry of certificates given under s 223 RMA.
Certificates under ss 223 and 224 Resource Management Act 1991 reviews the ability to include 223 and 224 certificates with either the plan or the dealing and the implications of that.
Boundary adjustments and partial discharges of mortgage
Partial discharges of mortgages for boundary adjustments reviews the need to carefully prepare partial discharges of mortgage for boundary adjustments.
Land vesting on deposit
A subdivision plan may show some of the land in the allotment being subdivided as land to vest in the local authority or Crown as road (s 238 Resource Management Act 1991) or reserve (s 239 Resource Management Act 1991).
Registered interests over the land to vest are extinguished on deposit (s 238(1) RMA and s 239(1) RMA). But the consent of the registered interest holders must be provided in order for the plan to deposit and the land to vest (s 224(b) RMA).
Occasionally difficulties can be experienced obtaining those consents, particularly when the class of interest holders is extremely large. For example, when the land to vest is subject to a land covenant document, there may be scores or hundreds of rights holders who must consent in order that the land may vest.
Ideally this issue would be identified early in the subdivision process, enabling the solicitor to either obtain consents, extinguish the rights by Court order under the Property Law Act 2007 or negotiate with the Council/Crown to take reserve subject to the rights (s 239(2) RMA). Another approach is to build a termination clause into the rights document. See our article Land covenants over land that is vesting in a subdivision for more information.
When an allotment adjoins a tidal water body s 237(1)(b) RMA will likely apply. The surveyor must show any part of the allotment that is below mean high water springs (MHWS) as ‘common marine and coastal area’. On deposit of the plan, that land ‘becomes part of the common marine and coastal area’ (s 239(1)(d) RMA). The RMA does not automatically extinguish registered rights as to the part of the allotment that becomes part of the common marine and coastal area and does not provide for right holders to consent. Therefore, registered rights over that land must be surrendered or discharged, by way of registration in order to enable the plan to deposit. For further information see the "Subdivision" section of the Registration guideline for the Marine and Coastal Area Act 2011 - LINZG20726
Land covenants
The land covenants page reviews the means of creating mutual land covenant schemes that are common for subdivisions.
Land covenants over land that is vesting in a subdivision covers the specific issue of extinguishing land covenants over land that is to vest as road or reserve.