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Resource Management Act 1991

Subdivision and reclamations

222: Completion certificates

You could also call this:

“Getting a certificate to prove you've finished required work or payments for subdividing land”

When you get consent to subdivide land, you might have to do some work or make a financial contribution, as defined in section 108(9), to meet the conditions. The territorial authority can issue a certificate saying you have agreed to do the work or make the contribution by a certain time. You have to do the work or make the contribution to the territorial authority’s satisfaction within the time they specify. The territorial authority can extend the time you have to do the work or make the contribution, but this does not affect any security you have given.

The territorial authority has powers to make sure you do the work or make the contribution, as outlined in section 108A and section 109. In this case, work includes anything the territorial authority requires you to do as a condition of subdividing the land, but it does not include giving money or land. The territorial authority can use these powers as if the work or contribution was a condition of the subdivision consent.

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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.

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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).