Works Carried Out, or Conditions of Approval Satisfied 

Introduction

Following issue of the subdivision consent, the surveyor and owner must co-ordinate how the Council's conditions will be satisfied (some co-ordination with the Council may be required). Works can carry over during the processing of the title plan.

If the conditions include engineering works, you will need to construct these to Council standards as set out in "The Code of Practice for City Infrastructure and Land Development". During the construction process, the Council will inspect the works.

In subdivisions that involve the construction of public works, you will need to submit engineering plans for Council approval before commencing work. This will incur plan approval fees and work supervision charges. You will also have to engage a survey or engineering consultant to supervise the construction, and certify to Council that the works are completed in accordance with the Council's standards. 

Once all public engineering works are completed, "as-built" plans must be submitted to the Council which detail final levels and dimensions of construction. The plans are for Council records, and the works usually become part of the City's infrastructure. Engineering approval will generally be issued within 15 working days from the date of receipt of the application or from the day any additional information required is received. Engineering approval is valid for 6 months, unless otherwise specified in the consent.

As an alternative to physically completing all the conditions you may be able to bond for some of them, for example the completion of a driveway. A bond required under section 108(2)(b) of the Resource Management Act 1991 may be taken to ensure the completion of conditions the Council considers appropriate. This may include maintenance requirements that may continue after the expiry of the resource consent. A bond is an economic instrument that secures the ongoing performance of conditions relating to long term effects (such as maintenance of landscaping) to address environmental effects.

Cash bonds are assessed as 1.5 times the value of the work, and are usually based on quotes from contractors. For example, if the work costs $1,000, the bond would be calculated at $1,500. Council holds the bond until all the works have been satisfactorily completed. Alternatively a guaranteed paper bond may be accepted at twice the value of the work. This bond is prepared by the Council's solicitor at the applicant's cost (along with the preparation of any other documents that are required, such as consent notices and drainage easements).

Council may also impose Maintenance Bonds to ensure that the work is free of defects. These are usually held for 6 months and returned after you request an inspection, and pay any additional fees.

Section 224(c) Certificate and Issue of Title

Each consent issued now has a 224(c) conditions checklist. This is formatted to match the consent conditions and stipulates that compliance certificates or letters of completion are required to be obtained by you or your surveyor from the relevant WCC Departments, Ecowater Solutions, Roading & Traffic, Parks, Plumbing & Drainage and Customer Field Advisor (for Shared Driveways), prior to applying for a 224(c) Certificate. Compliance certificates will only be issued if all works are completed (or bonded for). It is the responsibility of the applicant to follow-up any issues raised.

Once the applicant has all the sign-offs for works required to be completed a 224(c) application can be made. The presentation of these sign-off certificates will improve Councils ability to process 224(c) applications. Delays in the 224(c) process are often caused when an applicant has not obtained the required sign-off from each department of Council. The efficiency of the system depends on the applicant establishing that all the required works are completed before making the application.

When you have complied with (or bonded for) all the conditions of your subdivision consent, your consultant may request that Council issue the Section 224(c) Certificate, which certifies that all conditions, including the payment of financial contributions, have been met to Council's satisfaction. 

There is no standard application form for a Section 224(c) application.

The applicant's surveyor needs to apply to the Council's subdivision section, with a covering letter, quoting the Land Transfer Plan number, and how each of the conditions of the subdivision consent and the engineering approval have been satisfied. 

In some cases a consent notice is required for conditions covering ongoing matters such as contamination, overland flow paths or geotechnical matters. A consent notice is prepared by Council's solicitor at the applicant's cost. Where a consent notice and/or drainage easement are required, the name and address of the solicitor acting for the applicant needs to be provided. 

Once all other legal matters have been attended to such as consent notices, easements, and mortgagees consents, your solicitor sends the Section 224(c) Certificate and other documentation to the District Land Registrar. If complete, the survey plan is deposited and the titles are issued for the subdivided lots. The subdivision is now complete.

Naming streets in a new subdivision

When seeking subdivision consent involving the naming of new streets, the applicant must obtain the prior approval of Council to the name of any new road(s) and, after obtaining NZ Post approval in writing, include such name(s) on the survey plan. Suggested names must avoid any duplication in the Auckland Region; cul-de-sacs shall comprise single names only; and both shall include a recognised suffix (such as "Road" or "Street"). Names will not be allocated to any shared driveway.