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Subdivision consents

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Information for surveyors

Timeframes for S104 approvals

The Resource Management Amendment Act increased the standard two year time frame for S104 resource consent approvals to five years, in order to give effect to resource consents.

Section 125 states:

1. A resource consent lapses on the date specified in the consent, or, if no date is specified, 5 years after the date of commencement of the consent unless, before the consent lapses, -
   1. the consent is given effect to: or
   2. an application is made to the consent authority to extend the period after which the consent lapses and the consent authority decides to grant an extension after taking into account .......

   and further

2. For the purposes of this section, a subdivision consent is given effect to when a survey plan in respect of the subdivision has been submitted to the territorial authority under section 223, but shall thereafter lapse if the survey plan is not deposited in accordance with section 224.

Section 224(h) states in respect of restrictions on the deposit of a plan less than 3 years has elapsed since the territorial authority approved the plan under section 223.

S104 approval for resource consent to subdivide

S223 Survey Plan approval by Council (must be applied for within 5 years of 104 approval)

Approval under S224c (must be obtained within 3 years of 223 approval to allow for deposit of plan with LINZ)

 

The important thing to note is that as soon as council has approved your survey plan under Section 223, you only have three years left to complete the subdivision and deposit the plan with Land Information New Zealand in order to obtain new titles. The Resource Management Amendment Act has not amended this particular time frame.

Once your survey plan has been approved, the five year time frame under the S104 approval no longer applies. Once this approval takes place, it is deemed as having "given effect" to your consent under 125(a).

You will see the following advice note on subdivision consents:

"This Resource Consent will expire five years after the date of commencement of the consent unless (a) a survey plan is lodged with Council for approval under Section 223 of the Resource Management Act 1991 and that plan is deposited within three years of the date of that approval, or (b) upon a successful application being made under the requirements of Section 125(1)(b) of the Resource Manangement Act 1991."

S125 does not apply to time frames set out in S224, so no extension of this time frame is available.

It is important that you explain these timeframes to your clients clearly. If they want to have the maximum amount of time to undertake their subdivision, they should apply for the survey plan at a later stage, to ensure there is enough time available to complete the subdivision.

 

Published July 2008