Approval and deposit of survey plans

223 Approval of survey plan by territorial authority

(1)

An owner of any land may submit to a territorial authority for its approval, a survey plan in respect of that land if—

(a)

a subdivision consent has been obtained for the subdivision to which the survey plan relates, and that consent has not lapsed; or

(b)

a certificate of compliance has been obtained, and that certificate has not lapsed.

(1A)

Within 10 working days after receiving a survey plan submitted to it under subsection (1), a territorial authority must either—

(a)

approve the survey plan; or

(b)

decline the survey plan.

(2)

Subject to sections 237, 237A, 240, 241, and 243, a territorial authority shall approve a survey plan submitted to it under subsection (1) if it is satisfied that,—

(a)

where a subdivision consent has been obtained, the survey plan conforms with the subdivision consent; or

(b)

where a certificate of compliance has been obtained, the survey plan conforms with the certificate of compliance.

(3)

The chief executive or an authorised officer of the territorial authority must certify that a survey plan has been approved under this section.

(4)

A certification under subsection (3) may be made either—

(a)

by signing the plan or a copy of it; or

(b)

by any other means that—

(i)

identifies the person giving the certification and links the certificate to the survey plan; and

(ii)

is as reliable as is appropriate to the purposes of this section.

(5)

A certificate under subsection (3) is conclusive evidence that all roads, private roads, reserves, land vested in the authority in lieu of reserves, and private ways shown on the survey plan have been authorised and accepted by the territorial authority under this Act and under the Local Government Act 1974.

(6)

Nothing in subsection (3) affects any obligation of the subdividing owner under any condition of a subdivision consent or bond entered into relating to the subdivision.

Section 223(1A): inserted, on 1 August 2003, by section 71 of the Resource Management Amendment Act 2003 (2003 No 23).

Section 223(2): amended, on 7 July 1993, by section 118 of the Resource Management Amendment Act 1993 (1993 No 65).

Section 223(3): replaced, on 1 June 2002, by section 65(4) of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11).

Section 223(3): amended, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 223(4): replaced, on 1 June 2002, by section 65(4) of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11).

Section 223(5): inserted, on 1 June 2002, by section 65(4) of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11).

Section 223(6): inserted, on 1 June 2002, by section 65(4) of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11).