Land Information New Zealand (Fees and Charges) Regulations 2003

Reprint
as at 1 July 2011

Coat of Arms of New Zealand

Land Information New Zealand (Fees and Charges) Regulations 2003

(SR 2003/124)

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 26th day of May 2003

Present:
Her Excellency the Governor-General in Council


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These regulations are administered by Land Information New Zealand.


Pursuant to section 48 of the Cadastral Survey Act 2002, section 184A of the Land Act 1948, and section 235 of the Land Transfer Act 1952, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title
  • These regulations are the Land Information New Zealand (Fees and Charges) Regulations 2003.

2 Commencement
  • These regulations come into force on 1 July 2003.

3 Interpretation
  • In these regulations, unless the context otherwise requires,—

    authorised user means a person who is identified in a digital certificate

    Commissioner means the Commissioner of Crown Lands appointed under section 24AA of the Land Act 1948

    dealing licence means a licence issued to permit—

    • (a) searching of the register, cadastral survey data (other than digitally mapped survey data), and supporting documents; and

    • (b) use of an electronic workspace facility

    dealing plus licence means a licence issued to permit—

    • (a) searching of the register, cadastral survey data (including digitally mapped survey data), and supporting documents; and

    • (b) use of an electronic workspace facility

    electronic workspace facility has the same meaning as in section 4 of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002

    licence means a licence issued to an authorised user to use computer software for the purpose of the licence

    register has the same meaning as in the Land Transfer Act 1952

    search licence means a licence issued to permit searching of the register, cadastral survey data (other than digitally mapped survey data), and supporting documents

    search plus licence means a licence issued to permit searching of the register, cadastral survey data (including digitally mapped survey data), and supporting documents

    survey licence means a licence issued to permit—

    • (a) searching of the register, cadastral survey data (including digitally mapped survey data), and supporting documents; and

    • (b) use of facilities to lodge digital cadastral survey datasets.

    Regulation 3 Commissioner: inserted, on 11 September 2009, by regulation 4 of the Land Information New Zealand (Fees and Charges) Amendment Regulations 2009 (SR 2009/218).

4 Fees and charges
  • (1) The fees and charges specified in the Schedule are payable as follows:

    • (a) the fees and charges (other than the fees and charges specified in item 1(a) to (g) of Part 6) are payable to the department:

    • (b) the fees and charges specified in item 1(a) to (g) of Part 6 are payable to the Commissioner.

    (2) The charges specified in Part 6 of the Schedule do not include any statutory certification fee payable under item 1 of Part 7 of the Schedule.

    (3) The chief executive may permit a person to pay fees or charges in accordance with a credit arrangement (other than fees or charges payable under item 1(a) to (g) of Part 6 of the Schedule).

    (4) A party to a credit arrangement who fails to pay a fee or charge in accordance with the arrangement is liable to pay interest on the fee or charge—

    • (a) at the rate prescribed for the time being under section 87 of the Judicature Act 1908; and

    • (b) from the date on which the fee or charge should have been paid to the date on which it is paid.

    (5) If there is no credit arrangement, a fee or charge in respect of a requested matter is payable before the request is met.

    Regulation 4(1): substituted, on 11 September 2009, by regulation 5(1) of the Land Information New Zealand (Fees and Charges) Amendment Regulations 2009 (SR 2009/218).

    Regulation 4(3): amended, on 11 September 2009, by regulation 5(2) of the Land Information New Zealand (Fees and Charges) Amendment Regulations 2009 (SR 2009/218).

5 Time-based charges
  • If a standard time-based charge is payable under these regulations in respect of any service, the charge payable in respect of the service concerned is an amount calculated by the chief executive and comprises—

    • (a) the cost of salaries incurred in respect of the provision of the service; and

    • (b) a reasonable overhead charge; and

    • (c) goods and services tax.

6 Refund or waiver of fees and charges
  • (1) The chief executive may authorise the refund or waiver of any fee or charge payable under these regulations, in whole or in part, in any case if the service—

    • (a) involves the supply of a product in bulk; or

    • (b) involves the supply of maps to any person appointed by the chief executive as a retailer of the department’s maps; or

    • (c) involves the supply of a product for use under, or in connection with, a licence granted by the department; or

    • (d) is supplied for charitable purposes; or

    • (e) is supplied for promotional or publicity purposes.

    (2) This regulation does not apply in relation to any fee or charge payable under item 1(a) to (g) of Part 6 of the Schedule.

    Regulation 6(2): added, on 11 September 2009, by regulation 6 of the Land Information New Zealand (Fees and Charges) Amendment Regulations 2009 (SR 2009/218).

7 Fees and charges inclusive of GST
  • The fees and charges prescribed by or fixed by these regulations are inclusive of goods and services tax.

8 Revocation
  • The Land Information New Zealand (Fees and Charges) Regulations 2002 (SR 2002/215) are revoked.


Schedule
Fees and charges

r 4

Part 1
Digital certificates

  • Schedule Part 1: substituted, on 1 July 2011, by regulation 4(1) of the Land Information New Zealand (Fees and Charges) Amendment Regulations 2011 (SR 2011/185).

Service Charge ($)
For the initial registration and issue of a digital certificate to an authorised user 77
For the annual renewal of a digital certificate 56 per annum
For the revocation and reissue of a digital certificate 88
For the setting up of a new authorised user 17

Part 2
Access to departmental databases

  • Schedule Part 2: substituted, on 1 July 2011, by regulation 4(1) of the Land Information New Zealand (Fees and Charges) Amendment Regulations 2011 (SR 2011/185).

Item issued Charge ($)
Dealing licence 613
Dealing plus licence 1,022
Search licence 511
Search plus licence 1,022
Survey licence 1,226

Part 3
Searches for cadastral data

  • Schedule Part 3: substituted, on 1 July 2011, by regulation 4(1) of the Land Information New Zealand (Fees and Charges) Amendment Regulations 2011 (SR 2011/185).

Service Charge ($)
For providing a copy of a survey plan via an approved electronic workspace facility 5
For manually providing a copy of a survey plan 15
For manually providing a copy of survey records—  
  • (a) for the first page

 15
  • (b) for each subsequent page

 1

Part 4
Map charges

  • Schedule Part 4: substituted, on 11 September 2009, by regulation 7 of the Land Information New Zealand (Fees and Charges) Amendment Regulations 2009 (SR 2009/218).

Map supplied Charge (per map wholesale, excluding packing and postage)
($)
1New Zealand topographic map series—   
 
  • (a) 1:50,000, Topo 50, (including Chatham Islands, but excluding Auckland Islands)

 3.50
 
  • (b) 1:250,000, Topo 250

  3.50
 
  • (c) 1:500,000, No 242

  5.80
 
  • (d) 1:1,000,000, No 265

  5.80
2New Zealand topographic maps—   
 
  • (a) 1:2,000,000, No 266

  5.80
 
  • (b) 1:3,000,000, No 267

  5.80
 
  • (c) 1:4,000,000, No 268

  5.80
3Auckland Islands topographic map—   
 1:50,000, from series No 260  5.80
4Pacific and offshore islands topographic map series—
 1:25,000, No 272  4.50
5Niue topographic map—   
 1:50,000, No 250  4.50

Part 5
Charges for supplying hydrographic information

  • Schedule Part 5: substituted, on 11 September 2009, by regulation 7 of the Land Information New Zealand (Fees and Charges) Amendment Regulations 2009 (SR 2009/218).

Item supplied Charge (wholesale, excluding packing and postage)
($)
1Hydrographic paper charts for navigation purposes, including the exclusive economic zone (price per chart) 12.90
2Supporting hydrographic navigation data (printed) per sheet—  
 
  • (a) paper print—A0 size

 8.00
 
  • (b) paper print—A1 size

 5.60
 
  • (c) paper print—A2 size

 3.10
 
  • (d) paper print—A3 size

 1.20
 
  • (e) paper print—A4 size

 0.20
3New Zealand Nautical Almanac  9.30

Part 6
Charges for services supplied by Commissioner and department in exercise of functions under certain Acts

  • Schedule Part 6: substituted, on 11 September 2009, by regulation 7 of the Land Information New Zealand (Fees and Charges) Amendment Regulations 2009 (SR 2009/218).

Item supplied Charge
($)
1

Land Act 1948

  
 

for the preparation of documents by the Commissioner and the registration of documents by the Commissioner payable on application under the Act in respect of—

  
  165.00
 
  • (b) an instrument under section 60 granting or reserving a right of way or other easement over or under Crown land

 165.00
 
  • (c) a lease or licence or other instrument over or in respect of Crown land under section 81 (or a renewal or variation of the lease or licence or other instrument)

 195.00
 
  • (d) an approval, under section 145, of the surrender by a lessee or licensee of the whole or any part of the land comprised in his or her lease or licence

 195.00
 
  • (e) a document to enable the deposit of a plan over land held under the Land Act 1948

 95.00
  112.50
  112.50
 

for all services supplied by the department in the exercise of its functions under the Act in respect of—

  
  300.00
2

Local Government Act 1974

  
 

for all services supplied by the department in the exercise of its functions under the Act in respect of—

  
 
  • (a) a notice under section 323(1) and a Gazette notice under section 323(2)

 340.00
 
  • (b) an amendment of a notice under section 323(1) or a Gazette notice under section 323(2), or both

 340.00
  340.00
3

Ngāi Tahu Claims Settlement Act 1998

  
 

for all services supplied by the department in the exercise of its functions under the Act in respect of—

  
  300.00
  300.00
 
  • (c) a certificate issued by the chief executive under section 464(1)

 300.00
  300.00
4

Public Works Act 1981

  
 

for all services supplied by the department in the exercise of its functions under the Act in respect of—

  
 
  • (a) an agreement under section 17 to purchase land for a public work for which the Crown is responsible

 480.00
  460.00
  360.00
 
  • (d) a compensation certificate issued by the Minister under section 19

 300.00
 
  • (e) discharge of a compensation certificate issued by the Minister under section 19

 300.00
  420.00
  360.00
  360.00
 
  • (i) a recommendation by the Minister under section 26(1)(b) and a Proclamation by the Governor-General under section 26(2)

 440.00
 
  • (j) an easement taken or acquired by the Crown under section 28

 380.00
 
  • (k) a report on potential obligations, and a recommendation as to whether or not to offer land under section 40

 610.00
 
  • (l) a report on the identity and location of a person to whom an offer under section 40(2) is to be made, and the making of the offer

 530.00
 
  • (m) a report on the identity and location of a person to whom an offer under section 40(2) is to be made

 530.00
 
  • (n) a report to confirm that a property has been offered under section 40(2) and that the offer has not been accepted

 370.00
 
  • (o) an agreement under section 41 or 42 to sell certain land no longer required for any public work or required for an exchange

 350.00
 
  • (p) a lease, tenancy, or licence under section 45

 430.00
  300.00
 
  • (r) an easement granted by the Crown under section 48

 370.00
 
  • (s) an agreement, under section 50, to transfer to a local authority all or part of an existing public work

 460.00
 
  • (t) a Gazette notice (other than a notice under section 23(1)(b)) under any of Parts 2, 3, 4, and 8 (or the amendment or revocation of the notice)

 330.00
  480.00
  310.00
 
  • (w) an agreement to enter land being considered for acquisition by agreement

 390.00
 
  • (x) a caveat to protect an interest, or the withdrawal of the caveat, or the caveator's consent to dealings with land subject to the caveat

 330.00
 
  • (y) an agreement to pay compensation to the owner of land acquired, taken, injuriously affected, or damaged

 480.00
 
  • (z) an agreement that compensation to the owner of land to be acquired, taken, injuriously affected, or damaged, be paid to the owner before the land is acquired, taken, injuriously affected, or damaged

 480.00
 
  • (za) a memorandum of transfer of land

 310.00
5

Te Ture Whenua Maori Act 1993

  
 

for all services supplied by the department in the exercise of its functions under the Act in respect of an application under section 134(3)(c)(ii) or 151(1)(a)

 350.00
6

Waikato Raupatu Claims Settlement Act 1995

  
 

for all services supplied by the department in the exercise of its functions under the Act in respect of a certificate issued by the Director-General under section 13(2) or (4) or 14(3)

 300.00

Part 7
Miscellaneous

  • Schedule Part 7: substituted, on 11 September 2009, by regulation 7 of the Land Information New Zealand (Fees and Charges) Amendment Regulations 2009 (SR 2009/218).

Service Fee (excluding postage and packing unless otherwise stated)
($)
1

Each statutory certification of land—

  
 
  • (a) legal description only

 22.50
 
  • (b) other than of legal description only

 67.50
2

Issuing appellations by endorsement

 $100.00 plus $22.00 per additional parcel
2A

Lodging plans that are not cadastral survey datasets (as defined by section 4 of the Cadastral Survey Act 2002)

 223.00
3

Digital source data for topographic maps (extraction of entire database)—

  
 
  • (a) at 1:250,000

 84.00
 
  • (b) at 1:50,000

 84.00
4

Survey and titles data supplied digitally in bulk from the automated survey and titles transaction system

 53.00
5Miscellaneous publications  dissemination costs, including postage and packing
  • Schedule Part 7 item 2A: substituted, on 1 July 2011, by regulation 4(2) of the Land Information New Zealand (Fees and Charges) Amendment Regulations 2011 (SR 2011/185).

Martin Bell,
Acting for Clerk of the Executive Council.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 29 May 2003.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Land Information New Zealand (Fees and Charges) Regulations 2003. The reprint incorporates all the amendments to the regulations as at 1 July 2011, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)