LINZ resources
LINZ has developed resources to help you with the registration requirements for Unit Title dealings.
- Access the Interim guideline for Unit Titles Act 2010 - LINZG20720
- The subdivision checklist has been designed to assist with fee simple subdivisions but will be relevant to unit title subdivisions too.
Also see information on fee simple subdivisions.
Instrument codes
Instruments for subdivisions and other dealings under the Unit Titles Act 2010 and their codes are set out below:
Instrument | Code |
---|---|
Certificate under section 223 Resource Management Act 1991 | C223 |
Certificate under section 224 Resource Management Act 1991 | C224 |
Consent notice under s 221 Resource Management Act 1991 | CONO |
Partial cancellation of condition in consent notice (s 221 Resource Management Act 1991) | PCON |
Cancellation of condition in consent notice (s 221 Resource Management Act 1991) | CCON |
Variation of consent notice condition (s 221 Resource Management Act 1991) | V221 |
Certificate under s 226(1)(e) Resource Management Act 1991 | C226 |
Esplanade strip (s 232 Resource Management Act 1991) | C232 |
Variation of esplanade strip (s 234 Resource Management Act 1991) | V234 |
Cancellation of esplanade strip (s 234 Resource Management Act 1991) | C234 |
Covenant (against transfer of allotments) (240 Resource Management Act 1991) | C240 |
Partial cancellation of certificate under s241(3) Resource Management Act 1991) | P241 |
Cancellation of certificate under s 241(3) Resource Management Act 1991) | C241 |
Revocation of conditional easement (s 243 Resource Management Act 1991) | C243 |
Bond (s 108(2)(b) Resource Management Act 1991) | BON |
Variation of bond (s 109 Resource Management Act 1991) | VBON |
Partial discharge of bond (s 109 Resource Management Act 1991) | PBON |
Reclamation Certificate (s 245(5) Resource Management Act 1991) | C245 |
Certificate specifying mining rights under s 417 Resource Management Act 1991 | C417 |
Partial release of certificate specifying mining rights under s417 Resource Management Act 1991 | P417 |
Consent to deposit of plan under the Resource Management Act 1991 | CON |
Easement instrument (to create easement, profit a prendre, land covenant) | EI |
Application for deposit of unit title plan | UAPP |
Reassessment of ownership interest on cancellation of plan (s 177(7) Unit Titles Act 2010) | C177 |
Certificate by Body Corporate (s 216(1) Unit Titles Act 2010) | C216 |
Certificate by Territorial Authority – deposit of unit plan/redevelopment plan (s32(2)(a) and s 65 Unit Titles Act 2010) | C32 |
Certificate by Body Corporate (s 65(4) Unit Titles Act 2010) | C65 |
Change of address of Body Corporate (s 205 Unit Titles Act 2010) | CADD |
Certificate of expiry of lease (s 166(3) Unit Titles Act 2010) | CEXP |
Notice of change of rules (ss 105 & 106 Unit Titles Act 2010) | CRUL |
Cancellation of Unit Title plan | CUTP |
Notice of application to High Court to cancel unit plan (s 165(2)(b) and s 187(2) Unit Titles Act 2010 | N187 |
Notice of intention to convert existing scheme into unit titles (s 195(1) Unit Titles Act 2010) | N195 |
Notice of application to Court to settle scheme (s 74(5) Unit Titles Act 2010) | N74 |
Notice of utility interests (s 39(2) Unit Titles Act 2010) | NOUI |
Notice that application to cancel is not proceeding (s 187(4) Unit Titles Act 2010) | NPRO |
Assessment of ownership interests (s 32(2)(b) & (3)(b) Unit Titles Act 2010) | OINT |
Notice of reassessment of ownership & utility interests (s 42 Unit Titles Act 2010) | REOU |
Reassessment of ownership interests (s 67(1)(b) & 69(3) Unit Titles Act 2010) | REOW |
You can also refer to a full list of instruments and their method of lodgement.
Pre-allocated titles
The surveyor is able to allocate new title references to units on a subdivision plan.
We recommend that the solicitor uses the new title references in their dealing to deposit the plan. Information about how to do this is set out in section 5.2.3 of the Landonline e-dealing user guide.
It is possible to change the pre-allocated titles at any time before LINZ approves the survey plan. This might be necessary for example where, the client elects to hold all new parcels in one title, or the parcels must be rearranged to satisfy an amalgamation condition.
Order of registration
When registering transfers to bring new lots or part lots into common ownership, ensure that such transfers are placed prior to the document that deposits the plan (UAPP) in the dealing, and that such transfers show the existing title reference. The new title reference does not exist until after the UAPP (which deposits the plan and issues the new titles).
Instruments under section 223 and 224(c) Resource Management Act should be placed before the UAPP.
When easements affect a new unit on a plan, place the easement instrument after the UAPP.
Read more on common rejection reasons.
Other registration matters
Existing easements
It is important that the survey plan and the legal documents that are lodged are consistent and aligned.
Existing easements and covenants should be carefully assessed against the proposed unit plan. All existing easements and land covenants, including those that will be surrendered, revoked or extinguished, are to be accounted for within the survey plan.
There may be practical reasons to leave an existing easement off a survey plan (the easement is no longer needed or used or will overlap with a unit), but there may be overwhelming practical difficulties in legally removing the easement. For example, removing the easement may require un-cooperative parties to execute a surrender document, or obtaining a Court order to extinguish the easement.
If the legal difficulties are explored early, the surveyor, practitioner and client can consider the alternatives and plan accordingly.
Certificates under sections 223 and 224 Resource Management Act 1991 - expiry
This article reviews the expiry of certificates given under s 223 RMA: LINZ cannot deposit plans with lapsed section 223 approvals
This article reviews the ability to include 223 and 224 certificates with either the plan or the dealing and the implications of that: Certificates under ss 223 and 224 Resource Management Act 1991
Mortgages and redevelopments
See this article for information about unit title redevelopments and mortgages and the practical issues that arise: Mortgages and redevelopments
Valuer’s certificates
See this article for information about valuer’s certificates supplied for some unit title plans and dealings: Unit TItles notification - Valuer's certificates
Cancellation of a unit plan
See this article for information about cancelling a unit title plan: Applications to Cancel a Unit Plan