Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Subdivision and reclamations

222: Completion certificates

You could also call this:

“ A promise to finish work or pay money before getting approval for splitting up land ”

When you need to complete work or make a financial contribution as part of a subdivision consent, the territorial authority can give you a certificate. This certificate shows that you’ve agreed to finish the work or pay the money within a set time. The authority can decide how long you have to do this.

If you need more time, the authority can extend the deadline. This won’t change any security you’ve given for the work.

The authority can use all the powers given to a consent authority by section 108A as if the agreement you made was part of your subdivision consent.

The rules in section 109 also apply to the agreement you made, just like they would for a subdivision consent.

In this part of the law, ‘work’ means anything the authority asks you to do as part of your subdivision consent. But it doesn’t include giving money or land.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM237207.

Topics:
Housing and property > Land use
Government and voting > Local councils
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221: Territorial authority to issue a consent notice, or

“The local council must write down and register any ongoing rules for dividing up land.”

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223: Approval of survey plan by territorial authority, or

“The local council checks and approves maps of divided land to make sure they follow the rules.”

Part 10 Subdivision and reclamations

222Completion certificates

  1. Where under this Part, compliance with a condition of a subdivision consent is dependent on the completion by the owner of any work required by the territorial authority or on the making of a financial contribution (as defined in section 108(9)), the territorial authority may, for the purposes of section 224, issue a certificate to the effect that the owner has entered into a bond binding the owner to carry out and complete the work or make the financial contribution (as the case may be) to the satisfaction of the territorial authority within such period as the territorial authority may specify.

  2. The territorial authority may from time to time extend any period specified by it under subsection (1), but any such extension shall not affect any security given for the performance of the bond.

  3. The territorial authority may exercise all of the powers conferred upon a consent authority by section 108A as if the bond entered into under this section had been required as a condition of a subdivision consent.

  4. The provisions of section 109 shall apply as if the bond entered into under this section had been required as a condition of a subdivision consent.

  5. In this section, the term work includes anything, whether in the nature of works or otherwise, required by the territorial authority to be done by the owner as a condition of a subdivision consent; but does not include contributions of money or land (including esplanade reserves and esplanade strips) as a condition of a subdivision consent.

Notes
  • Section 222(1): amended, on , by section 40(a) of the Resource Management Amendment Act 1997 (1997 No 104).
  • Section 222(1): amended, on , by section 40(b) of the Resource Management Amendment Act 1997 (1997 No 104).
  • Section 222(3): amended, on , by section 95 of the Resource Management Amendment Act 2003 (2003 No 23).
  • Section 222(5): amended, on , by section 117 of the Resource Management Amendment Act 1993 (1993 No 65).