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Resource Management Act 1991

Subdivision and reclamations - Reclamations

245: Consent authority approval of a plan of survey of a reclamation

You could also call this:

“The government checks and approves a map showing where new land has been created from the sea.”

When you finish making new land by reclaiming it from the sea, you need to show the consent authority a map of the new land. This map is called a plan of survey. You should give this plan to the consent authority as soon as you can after you finish the reclamation.

The plan of survey needs to follow the rules set out in the Cadastral Survey Act 2002. It must show the area of the new land, where it is, and where the new boundaries are. It also needs to show any parts that have to be set aside as reserves or strips along the edge of the water.

The consent authority will only approve your plan if it matches what was allowed in your resource consent and follows the rules in the regional plan. They will also check that the plan shows all the required information. If you haven’t finished everything required in your consent, you might need to give a bond (which is like a promise to pay money) or make a special agreement called a covenant.

When the regional council approves your plan, they will put their official seal on it. The chief executive will also sign a certificate saying that everything is correct and follows the rules. They will then send a copy of this certificate to the local council in your area.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM237630.

Topics:
Environment and resources > Land use
Environment and resources > Town planning
Government and voting > Local councils
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Part 10 Subdivision and reclamations
Reclamations

245Consent authority approval of a plan of survey of a reclamation

  1. The holder of every resource consent granted for a reclamation shall as soon as reasonably practicable after completion of the reclamation, submit to the consent authority for its approval a plan of survey in respect of the land that has been reclaimed.

  2. The plan of survey referred to in subsection (1) shall be prepared in accordance with regulations made under the Cadastral Survey Act 2002 relating to survey plans within the meaning of those regulations, and shall show and define—

  3. the area reclaimed, including its location and the position of all new boundaries; and
    1. the location and size of the portion of any area which is required as a condition of a resource consent to be set aside as an esplanade reserve or created as an esplanade strip.

      1. Repealed

      2. A consent authority shall approve a plan of survey submitted to it under subsection (1) if, and only if, it is satisfied that—

      3. the reclamation conforms with the resource consent and any relevant provisions of any regional plan; and
        1. the plan of survey conforms with subsections (2) and (3) and the resource consent; and
          1. in respect of any condition of the resource consent that has not been complied with—
            1. a bond has been given under section 108(2)(b); or
              1. a covenant has been entered into under section 108(2)(d).

              2. A regional council (as the consent authority) approves a plan of survey by—

              3. affixing its common seal to the plan of survey (or a copy of it); and
                1. having its chief executive sign and date a certificate stating that—
                  1. the reclamation conforms with the resource consent and the relevant provisions of any regional plan; and
                    1. in respect of any condition of the resource consent that has not been complied with, a bond has been given under section 108(2)(b) or a covenant has been entered into under section 108(2)(d).

                    2. After signing the certificate referred to in subsection (5)(b), the consent authority shall forward a copy of that certificate to the relevant territorial authority.

                    Notes
                    • Section 245(2): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                    • Section 245(2)(b): replaced, on , by section 131(1) of the Resource Management Amendment Act 1993 (1993 No 65).
                    • Section 245(3): repealed, on , by section 131(2) of the Resource Management Amendment Act 1993 (1993 No 65).
                    • Section 245(4)(c)(i): amended, on , by section 49(a) of the Resource Management Amendment Act 1997 (1997 No 104).
                    • Section 245(4)(c)(ii): amended, on , by section 49(b) of the Resource Management Amendment Act 1997 (1997 No 104).
                    • Section 245(5): replaced, on , by section 125(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                    • Section 245(6): amended, on , by section 125(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).