Subdivision — Far North
Overview
Subdivision is the process of dividing a parcel of land or building into one or more further parcels, or changing an existing boundary location. Land subdivision creates separate and saleable certificates of title. Types of subdivision include:
- Freehold subdivisions: New allotments under the Land Transfer Act with fee-simple ownership
- Leasehold subdivisions: Land or buildings leased for 35+ years
- Cross-lease subdivisions: Buildings/dwellings leased (typically 999 years) with undivided share in fee-simple estate
- Unit title subdivisions: Multiple dwellings/buildings on single title with three-dimensional ownership definition
Subdivision Activity Status by Zone
| Zone | Controlled Activity | Restricted Discretionary Activity | Discretionary Activity |
|---|---|---|---|
| Russell Township | Minimum 3,000m² (unsewered); 1,000m² (sewered) | Minimum 2,000m² (unsewered); 800m² (sewered) | Applies |
| South Kerikeri Inlet | Not a controlled activity | Minimum 4 ha in non-sensitive areas; via management plan only (Rule 13.9.2) | Applies |
| Recreational Activities | Nil | Non-complying activity | Non-complying activity |
| Point Veronica | As per approved development plan (Appendix 6D) | Any subdivision not provided for is non-complying | Non-complying activity |
| Carrington Estate | Unit title subdivision per Carrington Estate Development Plan (Appendix 6E) and Maps Sub 1-9; per RC 1990480/A conditions | Any subdivision not provided for is non-complying | Non-complying activity |
| Horticultural Processing | Minimum 4,000m²; maximum 3 lots | Minimum 2,000m²; maximum 3 lots | Applies |
| Conservation | Nil | Non-complying activity | Non-complying activity |
| Orongo Bay Special | Minimum 3,000m² (unsewered); 1,000m² (sewered); maximum 7 titles; requires approved Comprehensive Development Plan | Minimum 2,000m² (unsewered); maximum 7 titles; requires approved Comprehensive Development Plan | Applies |
| Golf Living Sub-zone (Kauri Cliffs) | Up to 60 lots; minimum 4,000m²; on-site wastewater treatment; building footprints specified on approved plan | Applies | Applies |
| General Coastal Zone | Applies | Applies | Applies |
| Coastal Living | Applies | Applies | Applies |
Coastal Hazard Areas
| Rule | Status |
|---|---|
| Coastal Hazard 1 Area | Any subdivision creating additional allotments (other than for Council transfer) is non-complying, regardless of zone |
Water Supply Standards
| Rule | Requirement |
|---|---|
| Connection requirement | All new allotments must have ability to connect to safe potable water supply with adequate capacity for likely land use (exceptions: utility, road, reserve, or access allotments) |
| Supply method | Either: (a) lawfully established reticulated water supply system, OR (b) individual water supply on respective allotment where reticulated system unavailable |
| Assessment matters | Council control limited to: (i) adequacy and suitability of supply for respective land use and likely uses; (ii) adequacy for fire-fighting access; (iii) standard of water infrastructure; (iv) adequacy of existing supply systems outside subdivision |
Stormwater Disposal Standards
| Rule | Requirement |
|---|---|
| Core requirement | All allotments must have means within net area to dispose of collected stormwater from building roofs and impervious surfaces; avoid/mitigate adverse effects on receiving environments and downstream properties |
| Design standard | 10% Annual Exceedance Probability (AEP) rainfall event |
| Urban areas preference | Piped connection to approved outfall; minimum 600mm into net area of allotment; at lowest point to drain driveways and impervious surfaces |
| Alternate arrangements | Where individual connections impractical, subdivision application must include detailed report on stormwater disposal without adversely affecting downstream properties or receiving environment |
| Retention devices | Council may require grass swales, ponds, deposition in land surface for adequate mitigation |
| Engineering report | All subdivision applications creating sites 2ha or less must include detailed report from Chartered Professional Engineer or equivalent on stormwater disposal |
| Flow rate control | Where required to protect downstream properties/receiving environment, system must be designed per onsite control practices (as specified in rules) |
Stormwater Disposal — Assessment Matters
| Matter | Consideration |
|---|---|
| Easements | Provision of appropriate easements for stormwater pipes/open waterway systems (in favour of registered user or Council easements in gross); private connections over other land protected by user easements |
| Easement alterations | Effect of size alterations to centre-line easements and need for new easement |
| Outfall reserve consent | Prior consent of Council required for stormwater outfall pipeline through reserve; appropriate easement needed |
| Waterway retention | Practicality of retaining open natural waterway systems versus piped/canal systems; adverse effects on existing waterways |
| Outfall capacity | Sufficient capacity in Council's outfall stormwater system to cater for increased run-off from proposed allotments |
| Outfall inadequacy | Where existing outfall cannot accept increased run-off, adequacy of proposals and solutions for disposal |
| Retention basins | Necessity to provide on-site retention basins where outfall capacity insufficient; rate restrictions where outfall has limited capacity (restrict to pre-subdivision discharge rate) |
| Adjacent drainage | Adverse effects on drainage to/from adjoining properties and mitigation measures |
| Gravity pipelines | Per sustainable management practices, importance of gravity pipelines; where topography prevents, adequacy of pumping stations |
| Filling | Extent of filling contrary to natural fall; practicality of obtaining easements through adjoining owners' land; filling or pumping as alternative |
| Financial contributions | Need for and extent of financial contributions |
| Local purpose reserve | Need for local purpose reserve to be set aside and vested in Council as site for public utility |
Sanitary Sewage Disposal Standards
| Rule | Requirement |
|---|---|
| Reticulated system availability | Adequacy of capacity, availability, and accessibility of reticulated system to serve proposed subdivision |
| Installation standards | Application must include installation of all new reticulation compliant with Council's "Engineering Standards and Guidelines" (2004) – Revised March 2009 (used with NZS 4404:2004) |
| Existing system capacity | Existing sanitary sewage disposal system to which outfall connects must have sufficient capacity to service subdivision |
| Outfall arrangement | Reticulated system with gravity outfall preferred; where impractical, individual pump connections (private rising mains) or new pumping stations with pressure/vacuum systems must be feasible |
| Private rising mains | Council consent required under Local Government Act to install within legal roads |
| Non-reticulated areas | Where reticulated system not available or connection impractical, suitable sewage treatment/disposal systems must be provided per regional rules or discharge permit from Northland Regional Council |
| Temporary systems | Where reticulated system not immediately available but likely in near future, temporary system may be appropriate |
| Consent notices | May be registered against Certificates of Title to require connection to system when available |
| Monitoring | Provision for monitoring mechanisms to ensure contaminants not discharged from suitable sewage treatment/disposal systems; consent notices to ensure compliance |
| Development contributions | Need for and extent of any development contributions |
| Local purpose reserve | Need for local purpose reserve to be set aside and vested in Council as site for public sewage utility for sanitary disposal |
| Best practical option | Subdivision must represent best practical option for provision of sewage and waste water disposal |
Energy Supply Standards
| Rule | Requirement |
|---|---|
| Reticulated system | Where subdivision involves construction of new roads/formed rights of way, extended reticulation system will be installed at subdivider's cost (per Council's "Engineering Standards and Guidelines" 2004 – Revised March 2009, used with NZS 4404:2004) |
| System adequacy | Proposed reticulated system must be adequate for likely development |
| Shared networks | Where system serves land not part of subdivision, network operator must provide sufficient capacity as initially installed; cost-sharing matter for network operator only |