What is the subdivision process?

The typical process of subdivision includes, but is not limited to;

• Subdivision Feasibility Investigation
  
• Topographical Survey and preparation of a Scheme Plan of Development in line with the District Plan and Resource Management Act 1991
• Resource Consent Application to Council and Issue of Subdivision Consent
  
• Survey Fieldwork including pegging of boundaries
  
• Site Construction including but not limited to
  • Accessways
  • Drainage
  • Utilities
  • House build (if needed)
  • Preparation of eSurvey LT Plans in LandonLine
• Section 223 Certificate Approval from Council
• Lodge eSurvey dataset for Survey
• Approval with Land Information NZ
• Section 224 Certificate issue from Council
  
• Solicitor Applies for and Obtains New Titles
  

The legal fees you will pay for a subdivision will depend on a number of factors, from the ownership structure of the property, to the covenants and other instruments on the title of the property, and whether you have one (or more) mortgagee involved. Typically, the legal fees for a standard 2-lot subdivision with one owner could be as little as $2,500 plus GST and Land online fees.

This depends on local council rules. If you look up your local council District Plan this info can be hard to find. We would be more than happy to investigate this for you and provide you with a fee proposal as well.

“Subdivision” means to divide land or buildings into separate parts, each with a separate certificate of title. A resource consent (known as a subdivision consent) is required for all types of subdivision.

Subdivision consent is required to ensure that:

• Any adverse effects that may arise from the subdivision are identified and appropriately dealt with
• All works and services are carried out and installed in terms of Council’s Infrastructure Design Standards
• The new allotments are suitable for the intended purpose.

The current (2018-19) Christchurch District Plan

• Residential Banks Peninsula – 400m²
• Residential Medium Density – 200m²
• Residential Suburban Density Transition – 330m²
• Residential Suburban – 450m²
• Residential Hills – 650m²
• Residential Large Lot – 1500m²
• Residential Central City – The minimum residential site density to be achieved when a site is developed or redeveloped with a residential unit or units shall be not less than one residential unit for every complete 200m² of site area (e.g. a site area of 399m² requires 1 residential unit, a site area of 400m² requires 2 residential units).
  There are reductions in minimum areas required in some zones, when a development is undertaken in conjunction with building commitment. There are also other types of development options available for some zones enabling higher density that detailed above. Enquire to find out.

The subdivision process, from Feasibility Study through to LINZ issuing new titles, takes approximately 6 to 8 months. These timings are indicative and can take longer, depending on RMA Statutory timeframes, physical works requirements, sub-consultants input and sometimes, even the weather. If construction of dwellings is required (building commitment), then there would be additional time required for this as well.

Māori land is defined in the Te Ture Whenua Māori Act 1993 (TTWMA) as “land that is held by Māori in accordance with tikanga Māori” (Māori custom and culture). The Act was set up to encourage and facilitate the development, utilisation and occupation by its owners, their whanau (extended family), and their hapu (sub-tribe or kin group linked by a common ancestor). In New Zealand, subdivision of land is usually controlled by the Resource Management Act 1991 (RMA) and the relevant District and City Plans, so that anybody wanting to divide land into freehold, cross lease, unit title or company leases for more than 35 years, requires a subdivision consent. However, this isn’t always the case for Māori land, where subdivision is largely controlled by the TTWMA and administered by the Māori Land Court (MLC).

One or more owners of Māori land can apply to separate their shares from the rest and create a separate title. In Māori land law this is called a “partition” and is a type of subdivision. Partitions must be in accordance with the RMA subdivision requirements unless it is a Hapu Partition, which is where the new land blocks are distributed among the existing owners and no land is gifted or sold outside of the existing owners. The MLC website https://www.maorilandcourt.govt.nz/ has helpful information on partitions and other types of Māori Land dealings.

The extent of any survey work required for a partition depends on Māori Land Court or Council requirements (where applicable), LINZ survey rules, existing survey work and practical on-site considerations.

For those wanting to find out more, most of the Māori Land records are held at the Māori Land Court, although some are also registered with Land Information New Zealand (LINZ). The Māori Land Online database also contains valuable information and can be used to locate individual Māori land blocks on a computer-generated map. Please contact us if you require help with this process in the Canterbury area and our specialist staff can be of assistance.