What is the National Policy Statement for Highly Productive Land?
Councils throughout New Zealand are bound by National Policy Statements which are in place for the purpose of stating objectives and policies for matters of national significance.
The latest one we have encountered in our day to day work is the National Policy Statement for Highly Productive Land (NPS-HPL) which came into effect in October 2022.
The NPS-HPL is designed to ensure the availability of New Zealand’s most favourable soils for future food production. The NPS-HPL provides direction to improve the way highly productive land is managed under the Resource Management Act 1991 (RMA).
There are six categories of productive land and in practical terms they are listed as “Classes” and some classes can prohibit subdivision or fragmentation of land. We have encountered this on several jobs with two rural subdivisions in particular – one where we proposed to subdivide land in return for creating bush protections lots (NPS-HPL trumps this purpose) and one for a small scale lifestyle subdivision.
The mapping of the NPS-HPL is not always accurate and in both the above cases, the properties were mapped as Class III and therefore fragmentation was not appropriate. We therefore required expert reporting to verify the appropriateness of the classification. Where land has been modified or, for example, is too steep then say a Class III classification might not be correct. That turned out to be the case here as we were able to accurately map the land and confirm the true contour.
In summary, Soils Classification is one of the parameters we check when advising on the subdivision of land and we can refer to a qualified Soils Scientist as well as published records to check on the current classification for your property before going too far down the subdivision track.
As with all legislation of this type, Council’s must decide how to interpret and apply these rules so it is always an evolving situation which we keep up to date with during the course of our work.
What is a Limited Title?
Some titles have the wording “Limited as to Parcels” appearing underneath the title heading. This does not mean that the title is defective. It does mean that the area and boundaries of the land are not guaranteed.
It was not always a requirement that land had to be surveyed as part of the subdivision process. Although not common, this practice was still used as late as the 1960’s before legislation made it compulsory that all subdivisions had to be surveyed.
Implications
What does it mean in practical terms to the land owner or developer when their title is limited as to parcels?
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The actual area and boundaries of the site may be different from that on the title.
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As the property was never surveyed, the Survey Act and Rules prohibit a redefinition survey, i.e. should a person need to know where their boundaries are, a land surveyor is not allowed to peg the site. A survey has to be undertaken to remove the limitations and a guaranteed title issued. As part of this procedure the boundaries will be pegged.
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Some Councils will not accept resource consent applications for development where the title is limited as to parcels. This is particularly prevalent for commercial sites where development occurs either on or very close to the boundaries.
Removal of limitations survey
A surveyor generally follows the same procedures for a removal of limitation survey as for a normal subdivision. More attention is given to occupation, particularly fences, walls or other structures older than 30 years that may be evidence of a boundary position.
A normal land transfer plan is prepared, approved by LINZ and lodged with the District Land Registrar for registration. Prior to registration, the consent of adjoining owners must be obtained. It may be that an adjoining land owner disputes the position of the boundary. There are two ways of obtaining consent from adjoining owners:-
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The surveyor prepares a copy of the survey plan with the names of the registered owners of adjoining properties thereon. The surveyor or owner can then call on the adjoining owners in person and request them to sign the plan. This way can be quick should all adjoining owners agree. The downside of this way is that people will not sign for frivolous reasons that bear no relation to the position of the boundaries.
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The second approach is for the District Land Registrar to serve notice on adjoining owners. The owners must respond within a statutory time frame if they object to the position of the boundaries. If they do not respond, it is deemed that they have no objection and registration can proceed.
If an adjoining owner wants to object, they arrange for a caveat to be placed against the current title that will prevent the guaranteed title from being issued. The boundary dispute is then resolved through negotiation or due legal process.
Contact RPC Land Surveyors to assist you with further advice that you may require on limited titles or the removal of limitations.
Easements explained
Easements come in many shapes and forms. Generally it gives one person the right to use another person’s land for a particular purpose, and are recorded on the properties certificate of title. There are private easements between individuals for services and access, and ‘Easements in Gross’ which are in favour or councils or corporations.
A common easement is a ‘Right of Way’ which allows a person to travel across another person’s land to get access to there property. The Right of Way area must be kept clear and you can’t block that persons use of the Right of Way by parking vehicles on the Area of land defined as the Right of way area.
The easement area is usually defined on a survey plan, but some older easements are shown on a diagram in the certificate of title. There is an easement document recorded on the certificate of title, and prepared by a solicitor that records the specific details of the easement, and obligations.
Easements can be created, changed, and surrendered. Generally easements are created at the time of subdivision of a property, but can be created at any time. It pays to talk to your surveyor and solicitor if easements effect your property and what they mean for each party, or you require an easement to be created.
The Mysteries of a Cross-lease explained
What is a Cross-lease?
A cross-lease is a form of property ownership arrangement, primarily found in New Zealand. In a cross-lease, multiple parties own a share of the land collectively, and each party has a leasehold interest in a specific portion of the land. Typically, this type of ownership is associated with residential properties.
Here’s how it generally works:
1. Land Ownership: The land is owned jointly by all the parties involved in the cross-lease. Each party holds a share in the land.
2. Leasehold Interests: Each property owner also holds a lease on their specific portion of the land. This lease outlines the rights and responsibilities of the individual property owner concerning their dwelling and the land they occupy.
3. Dwellings: Each party usually has a separate dwelling (house, apartment, garage etc.) on their leased portion of the land.
4. Mutal Agreement: As co-owners of the land, residents must each reach a mutual agreement on issues that affect the entire property, such as maintenance, renovations or changes to common areas.
Typical Cross-lease Land Transfer Survey Plan
While cross-leases were popular in the past, they can sometimes lead to complications. Issues may arise when changes are made to the property without the consent of other parties, or when disagreements arise over the use and maintenance of common areas. In recent years, freehold ownership has become more common and is often considered a simpler and more straightforward form of property ownership compared to cross-leases.
What is a defective Cross-lease Title?
A defective cross-lease title refers to a situation where there are errors, omissions, or issues with the legal documentation associated with a cross-lease property. The defects could be related to the original cross-lease agreement, the lease documents, or the plans associated with the property. These defects can create legal and practical problems for property owners
Common issues with defective cross-lease titles may include:
1. Incorrect Boundaries: Errors in defining the boundaries of each owners share in the land or dwelling can lead to disputes and complications.
2. Missing or Inaccurate Plans: Incomplete or inaccurate plans, floor plans or other associated documentation can create confusion and disputes among cross-lease agreement, lease documents and other legal documents, it can lead to legal uncertainties and disputes.
3. Lack of Consistency: If there are inconsistencies between the cross-lease agreement, lease documents and other legal documents, it can lead to legal uncertainties and disputes.
4. Unapproved alterations: If one of the property owners has made alterations to their dwelling without obtaining proper consent from the other parties, it can lead to issues when selling or transferring the property.
5. Failure to Register Changes: Changes made to the cross-lease agreement or other relevant documents that are not properly registered with the appropriate authorities can result in a defective title.
Original Cross-lease flats Plan
Cross-lease flats Plan Update Following Extensions
Dealing with a defective cross-lease title will require a Licensed Cadastral Surveyor to obtain a resource consent & update the Flats Plan and legal assistance to rectify the issues. It's crucial for property owners to address these defects promptly, especially if they plan to sell or transfer the property, as defective titles can complicate the transaction process. Consulting with RPC Land Surveyors your professional Licensed Cadastral Surveyors in the first instance is advisable to navigate the complexities and find appropriate solutions. If you have defective title and need it corrected please get in touch with your local RPC Land Surveyors office, we’ll be more than happy to assist.
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Meet our new Planner
Sam has a total of 15 years experience in the field of planning ranging from processing resource consents, undertaking policy drafting work, infrastructure planning and reserves management planning within local government. Sam began her career with New Plymouth District Council in 2007. In 2018 she worked for Isovist, New Zealand’s leading e-plan provider as a Delivery Manager managing Council’s e-plans across New Zealand and later in 2021 worked for Far North District Council in project managing the delivery of the Far North Proposed District Plan.
A few words from Sam;
I have a passion for open space through the work I did for local government. I worked on some exciting 30 year projects to connect New Plymouth’s ‘Mountain to Sea’ and ‘Pouakai Crossing’ projects.
I love working with people and collaborating with a variety of experts to come up with the best solution to a problem. I love a challenge!
On a personal note, Sam adds:
Home is where the heart is. Mount Maunganui! I certainly feel at home here being close to Mauao and the beach. I was born in the UK but moved to New Zealand as a youngster. Being close to the beach soothes my soul!
I have a passion for yoga and meditation and love being in the water down at the local beach! I am also a qualified Kundalini Yoga, Mantra and Meditation teacher and love sharing this incredible technology with like-minded souls to better other lives.
Qualifications:
Bachelor of Resource and Environmental Planning
Professional Affiliations:
Member of New Zealand Planning Institute
Environmental Benefit Lots (EBL)
Environmental benefit lots are a form of subdivision that allows landowners to create new lots in exchange for protecting and enhancing areas of significant natural value.
Today we were undertaking the physical survey of a proposed environmental benefit lot in the Waipa District. The Waikato District Plan provides criteria and standards for environmental benefit lots in rural zones, such as the size, location, and shape of the lots, as well as the type, extent, and quality of the environmental features to be protected. The process of surveying and creating environmental benefit lots involves applying for a resource consent from the Waikato District Council, engaging a qualified surveyor to prepare a scheme plan and a survey plan, and registering the covenant areas with Land Information New Zealand. The surveying and creation of environmental benefit lots can contribute to the preservation and restoration of biodiversity, landscape, and cultural values in the Waikato district. It was fantastic to see the increased wildlife now inhabiting the area and having a positive effect on the natural landscape. Our team has extensive experience in creating and securing environmental benefit lots in the Waipa region. We can help you with the identification, procurement of funding, establishment, and legalisation of these lots, which are valuable for conservation and development purposes.
Celebrating Christmas with a SPLASH
This Christmas, we're swapping the traditional sleigh for a black water tube at Waitomo Caves. Embarking on a thrilling underground journey, both RPC and Nicklin CE offices explored the magical glowworm-lit caverns to celebrate the end of 2023.
Who needs snow when you have the enchanting glow of thousands of tiny lights surrounding you? From the depths of the caves to the spirit of the season, we're making memories that will last a lifetime.
Wishing you all a Merry Christmas filled with adventure, joy and the warmth of loved ones!
