Local Government Official Information and Meetings Act 1987

Land information memoranda

Heading: inserted, on 1 December 1992, by section 2 of the Local Government Official Information and Meetings Amendment Act (No 2) 1991 (1991 No 151).

44A Land information memorandum

(1)

A person may apply to a territorial authority for the issue, within 10 working days, of a land information memorandum in relation to matters affecting any land in the district of the authority.

(2)

The matters which shall be included in that memorandum are—

(a)

information identifying each (if any) special feature or characteristic of the land concerned, including but not limited to potential erosion, avulsion, falling debris, subsidence, slippage, alluvion, or inundation, or likely presence of hazardous contaminants, being a feature or characteristic that—

(i)

is known to the territorial authority; but

(ii)

is not apparent from the district scheme under the Town and Country Planning Act 1977 or a district plan under the Resource Management Act 1991:

(b)

information on private and public stormwater and sewerage drains as shown in the territorial authority’s records:

(ba)

any information that has been notified to the territorial authority by a drinking-water supplier under section 69ZH of the Health Act 1956:

(bb)

information on—

(i)

whether the land is supplied with drinking water and if so, whether the supplier is the owner of the land or a networked supplier:

(ii)

if the land is supplied with drinking water by a networked supplier, any conditions that are applicable to that supply:

(iii)

if the land is supplied with water by the owner of the land, any information the territorial authority has about the supply:

(c)

information relating to any rates owing in relation to the land:

(d)

information concerning any consent, certificate, notice, order, or requisition affecting the land or any building on the land previously issued by the territorial authority (whether under the Building Act 1991, the Building Act 2004, or any other Act):

(da)

the information required to be provided to a territorial authority under section 362T(2) of the Building Act 2004:

(e)

information concerning any certificate issued by a building certifier pursuant to the Building Act 1991 or the Building Act 2004:

(ea)

information notified to the territorial authority under section 124 of the Weathertight Homes Resolution Services Act 2006:

(f)

information relating to the use to which that land may be put and conditions attached to that use:

(g)

information which, in terms of any other Act, has been notified to the territorial authority by any statutory organisation having the power to classify land or buildings for any purpose:

(h)

any information which has been notified to the territorial authority by any network utility operator pursuant to the Building Act 1991 or the Building Act 2004.

(3)

In addition to the information provided for under subsection (2), a territorial authority may provide in the memorandum such other information concerning the land as the authority considers, at its discretion, to be relevant.

(4)

An application for a land information memorandum shall be in writing and shall be accompanied by any charge fixed by the territorial authority in relation thereto.

(5)

In the absence of proof to the contrary, a land information memorandum shall be sufficient evidence of the correctness, as at the date of its issue, of any information included in it pursuant to subsection (2).

(6)

Notwithstanding anything to the contrary in this Act, there shall be no grounds for the territorial authority to withhold information specified in terms of subsection (2) or to refuse to provide a land information memorandum where this has been requested.

Section 44A: inserted, on 1 December 1992, by section 2 of the Local Government Official Information and Meetings Amendment Act (No 2) 1991 (1991 No 151).

Section 44A(2)(ba): inserted, on 1 July 2008, by section 18 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

Section 44A(2)(bb): inserted, on 1 July 2008, by section 18 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

Section 44A(2)(d): amended, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).

Section 44A(2)(da): inserted, on 28 November 2013, by section 77 of the Building Amendment Act 2013 (2013 No 100).

Section 44A(2)(e): amended, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).

Section 44A(2)(ea): inserted, on 1 April 2007, by section 127(5) of the Weathertight Homes Resolution Services Act 2006 (2006 No 84).

Section 44A(2)(h): amended, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).