Land Use, Subdivision, and Development Controls
Scope
This domain tests subdivision and land-use controls, including the subdivision consent process, conditions, esplanade reserves, development contributions, cross leases and unit titles.
Core rules
- Subdivision is a separate activity under s 87AA(2) and needs a subdivision consent even if the land use is already permitted. The council assesses effects under s 104 and may refuse or impose conditions under s 106 where land is unsuitable, for example because of erosion, subsidence or inundation.
- Conditions are imposed under s 108 and s 220. They must be for a resource management purpose and must be enforceable. Financial contributions can be required under s 108(2)(a) if the plan provides for them.
- The survey plan is approved under s 223 and a certificate is issued under s 224; the plan is then deposited. Until deposit, the new parcels do not exist for land transfer purposes.
- Esplanade reserves may be required on subdivision near the coast, rivers and lakes under ss 229–237. Reserve contributions and development contributions are different mechanisms: development contributions are under the Local Government Act 2002.
- Cross leases and unit titles are separate land tenure arrangements, not substitutes for subdivision consent.
Worked example
A four-lot subdivision is proposed alongside a river. The planner identifies an esplanade reserve requirement, a need for vehicle access and servicing, and a flood hazard. Conditions require a survey plan showing the esplanade reserve, geotechnical evidence for building platforms, and a s 224 certificate before deposit. The planner checks that each condition relates to an identified effect.
Traps
Assuming a land-use consent covers subdivision; confusing reserve contributions with development contributions; imposing conditions for matters outside the RMA; and treating a cross lease as a subdivision.