What is a land exchange?
From time to time the Crown or local authority may be required to exchange land. Most exchanges of land are undertaken in accordance with the provisions of the legislation under which the land is held. The different land tenure types involved and the legislative requirements affecting, among other things, the type of CSD to use, makes exchanges involving the subdivision of parcels more complex than a standard fee simple subdivision.
This article addresses the five most common exchange scenarios provided for in legislation surveyors are likely to encounter, based on dataset lodgements and e-dealings processed by LINZ. Exchanges under other legislation are rare and not covered in this guidance.
Key terms
Gazette notice
A statutory notice published in the New Zealand Gazette (Te Kāhiti o Aotearoa), the official government newspaper and authoritative journal of constitutional record. Te Kāhiti o Aotearoa has been continually published since 1841 and is now published online, at New Zealand Gazette.
New Zealand GazetteSubdivision of land
As defined by section 218 of the Resource Management Act 1991 (RMA).
s218 RMASubdivision of Crown land
The status of Crown land varies depending on the tenure of the land held in Crown ownership, which affects the type of exchange involved. For example, Crown land held with a specific purpose (such as conservation or education) is usually held under the Land Transfer Act 2017 (LTA), whereas Section 2 of the Land Act 1948 defines Crown land as land vested in the Crown which is not for the time being set aside for any public purpose or held by any person in fee simple and is subject to the Act.
A Survey Office (SO) dataset is used to define land that is being subdivided by the Crown and which is not held under the LTA. Crown subdivisions are subject to section 228 of the RMA, unless they are exempt from subdivision approval by section 11(1)(cb) RMA.
Land Transfer Act 2017
s2 Land Act 1948
s228 RMASubdivision consent
A resource consent for subdivision issued by a territorial authority (TA) under the RMA, usually subject to conditions imposed under sections 108 or 220. Confirmation from the TA that the consent conditions have been met to its satisfaction (for example, by certification under section 223 or section 224(c) RMA) or details of why the subdivision is exempt from the Part 10 RMA requirements (for example under section 11 RMA) is required before LINZ can process the subdivision and create new records of titles, including any land interests such as easements for the subdivided allotments.
Subdivision consent (exemptions to RMA requirements)
Section 11 of the RMA prohibits the subdivision of land except in accordance with the requirements of Part 10, (i.e. the subdivision is expressly allowed by a rule in a district plan, by a resource consent or meets one of the exceptions listed in section 11). RMA exceptions to the requirement for subdivision consent are applicable to most exchanges.
s11 RMA
Exchange of Māori land under the Te Ture Whenua Māori Act 1993
Section 129 of Te Ture Whenua Māori Act 1993 (TTWMA) classifies all land in New Zealand into one of the following statuses:
- Māori customary land, held by Māori in accordance with tikanga Māori
- Māori freehold land, the beneficial ownership of which has been determined by a Māori Land Court freehold order
- General land owned by Māori, land (other than Māori freehold land) that has been alienated from the Crown for a subsisting estate in fee simple, the estate of which is beneficially owned by a Māori or by a group of persons of whom a majority are Māori
- General land, land (other than Māori freehold land and General land owned by Māori) that has been alienated from the Crown for a subsisting estate in fee simple
- Crown land, land (other than Māori customary land and Crown land reserved for Māori) that has not been alienated from the Crown for a subsisting estate in fee simple.
- Crown land reserved for Māori, land (other than Māori customary land) that has not been alienated from the Crown for a subsisting estate in fee simple but is set aside or reserved for the use or benefit of Māori.
The Māori Land Court (MLC) may, under section 310 TTWMA, make an order to exchange:
- Māori freehold land, or
- General land owned by Māori, or
- Crown land that is subject to Part 2 of the Māori Affairs Restructuring Act 1989
with any other land.
Exchange of Māori freehold land or General land owned by Māori for General land
Where the Exchange Order varies the boundaries of a title(s), a full survey is required with the plan providing sufficient information for the issue of a new title(s). Māori Land (ML) CSDs, often referred to as ML plans, are used to facilitate the completion of MLC orders, including Partition and Exchange Orders.
Exchange Orders are issued by the MLC after consultation with the affected owners, usually involving a formal hearing at which the application is discussed with a MLC Judge. The scheme plan identifying the land to be exchanged and the minutes of the hearing form the basis of the Exchange Order, which the surveyor must comply with when undertaking the exchange survey.
Where Māori freehold land or General land owned by Māori is to be exchanged for General land, partition and subdivision of the land is likely to be part of the process. The MLC Judge may issue multiple orders including for partition of the land and its exchange.
While section 11 RMA provides an exemption for Māori land from subdivision requirements, unless otherwise specified, section 301 TTWMA requires that, unless the partition is into parcels to be held by the same hapu, a partition is deemed to be a subdivision under section 218 RMA. Therefore, if the exchange requires the Māori land to be partitioned first, subdivision consent may be required. Similarly, nothing exempts the subdivision of the General land for the exchange from complying with the subdivision requirements of the RMA.
On completion of the survey, the draft ML CSD is submitted to the MLC to ensure compliance with the order(s). Once MLC approval is obtained the dataset is lodged with LINZ for approval as to survey. ML CSDs are prepared in accordance with CSR 2021.
Once survey approval is obtained the MLC Judge signs the Exchange Order (and any other associated orders) and approves the dataset. The MLC advises LINZ of the dataset approval, which is then moved from the approved layer to the live layer in Landonline. New titles will issue on registration of the Exchange Order.
Refer to:
CSD requirements
The survey purpose for Māori land exchanges can be either Amalgamations or Partition. Either purpose will create a ML dataset.
Rule 39 of CSR 2021 requires all the existing parcels under survey to be accounted for; therefore, the location of the last surveyed peripheral boundaries must be defined, and the exchange parcel(s) defined in relation to them in a similar manner to General land subdivided under the LTA. Existing computed boundaries must be defined by survey.
| Land tenure | CSD type | Survey Purpose | Subdivision consent |
|---|---|---|---|
| Māori freehold land, General land owned by Māori, or General land. | Māori land | Amalgamations or Partition | Subdivision consent not required if authorised by MLC exchange order. |
Reporting requirements
CSR 2021 requires a survey report to contain information about the purpose for which the survey was conducted, including reference to the statutory provisions relevant to achieving that purpose where it is not otherwise clear (r 72(a)).
When submitting a ML CSD to LINZ surveyors should also provide all the MLC documentation or communications relevant to the exchange as supporting documents. If not, processing of the dataset will be placed on hold until it is received.
Example ML 551110
ML 551110 is a recent dataset supporting an exchange of Māori freehold land for General land by way of a boundary adjustment. In this instance a new dwelling erected on General land encroached on the neighbouring Māori Freehold land (which is vested in Trustees).
The exchange process in this instance was as follows
- Agreement reached with the Trustees for an exchange
- Resource consent for a boundary adjustment subdivision submitted and issued by the territorial authority
- Survey work undertaken to define the adjusted parcels
- Draft of ML 551110 submitted to the MLC for approval
- Exchange Order issued by the MLC
- ML 551110 submitted and approved as to survey by LINZ
- ML 551110 approved by the MLC
- Plan status updated to Approved by the Māori Land Court in Landonline.
This example is slightly unusual in that it shows the exchanged areas as A and B on the plans, which is as prescribed by the MLC in this instance.
Figure 1: Survey header details for ML 551110
The survey header in Figure 1 details the new appellations of the exchanged parcels. In this instance, the survey purpose is Amalgamations.
In Figure 2, parcel intents of ‘Māori’ and ‘Fee Simple Title’ have been used to reflect the Exchange Order intent.
Previously, legacy Landonline did not allow ML CSDs to have a parcel intent of Fee Simple Title. However, a parcel intent of Fee Simple Title is available in new Landonline for ML CSDs.
Figure 2: The new Parcel Intents are Māori and Fee Simple Title, reflecting the MLC exchange order
Example: An exchange of Māori freehold land for General land
Exchange of Māori freehold land for other Māori freehold land or General land owned by Māori
Surveyors may not be involved in this process at all, particularly if the Māori land parcels to be exchanged have already been sufficiently identified and have, or are contained within, existing records of title.
However, in cases where the land has not been divided or is insufficiently identifiable to be exchanged it may be necessary to first partition it. The partition of Māori land generally requires subdivision approval as set out in section 301 of the TTWMA.
Land exchanges under the Māori Affairs Act 1953
The Māori Affairs Act 1953 (MAA 1953) preceded the TTWMA and was repealed by it. Part XXI of the MAA 1953 provided for the Crown to acquire Māori freehold land and General land owned by Māori by way of purchase, lease, exchange or otherwise.
Although largely of historical interest, surveyors may have to deal with pockets of former Māori land exchanged (or otherwise acquired) and proclaimed Crown land under section 265 MAA 1953. As no title was issued, it will be necessary to trace the record of ownership through the relevant gazette notices. If you encounter difficulties, lodging a Survey Information Complex request with LINZ is recommended.
Exchange of land held under the Reserves Act 1977
A reserve, generally speaking, is land set apart for a public reserve purpose that is subject to the Reserves Act 1977 (RA). Section 2 of the RA provides the full definition.
All new reserves are classified according to one of the primary purposes set out in sections 17 to 23 of the RA and the purpose of any reserve subject to the Act must conform with the wording of its classifications. However, not all reserves are classified under the RA. There are still a lot that were created under prior legislation or remain in cancelled titles.
Section 15 of the RA enables the Crown or other owner of a reserve, including a local authority, to exchange reserve land with another party (usually a private landowner).
Land exchanges generally involve land held under the LTA and while the Gazette Notice authorises the exchange, a transfer instrument under section 73 LTA is required to give effect to it.
The Gazette notice authorising the exchange describes the reserve land and other land to be exchanged by their parcel appellations (from an approved CSD) and estate references.
The reserve land given in exchange ceases to be held for reserve on completion of the exchange. The land becoming reserve vests as reserve on completion of the exchange and is subject to the same control and management and is held for the same purpose as the reserve from which the land was given in exchange.
CSD requirements
The RMA defines a survey plan as either a CSD of a subdivision that is suitable for deposit under the LTA (LT Subdivision) or a CSD of a subdivision of Crown land not subject to the LTA (Survey Office).
As nearly all Reserves Act exchanges involve local authority and private land held in a Record of Title, the exchanged parcels can be shown on an LT Subdivision CSD.
Subdivision consent will be required unless exempted under section 11(1)(cb) RMA, which exempts subdivisions effected by the vesting, transfer or gifting of land to the Crown or local authority for the purposes of the Reserves Act 1977 and Conservation Act 1987 among others.
In the situation where the exchange is between unalienated Crown land (held under the Land Act 1948) and private land contained in a record of title; the Crown land will be defined in a Crown Subdivision CSD. If the parcel is to vest in the territorial authority on approval it should have a parcel intent of Fee Simple Title.
The subdivision of Crown land is usually associated with exchanges under the Conservation Act 1986, which is discussed in the following section.
Other land to be given in exchange for the land acquired or taken will need to be defined on a CSD appropriate to its land tenure and the statutory authority for the exchange.
The balance of the land being exchanged, that is the land that will remain reserve and private land, will need to be defined as new primary parcels to comply with rule 39 CSR 2021.
Where an exchange involves land held in a record of title that is limited as to parcels, the limitations will need to be uplifted as part of the exchange process.
| Land tenure | CSD type | Survey Purpose | Subdivision consent |
|---|---|---|---|
| Crown land not subject to LTA | Survey Office | Crown Subdivision | Division of land becoming reserve exempt from subdivision consent by s 11(1)(cb) RMA. Division of reserve land to be given in exchange requires subdivision consent. |
| Land subject to LTA | Land Transfer | LT Subdivision (or Limited title can be used if land under survey is limited as to parcels). | |
| All | Survey Office | Legalisation | Land acquired or taken for reserve by legalisation action exempt from subdivision consent by s 11(1)(b) RMA. Division of other land to be given in exchange requires subdivision consent and CSD type must be appropriate for land tenure. |
Reporting requirements
CSR 2021 requires a survey report to contain information about the purpose for which the survey was conducted, including reference to the statutory provisions relevant to achieving that purpose where it is not otherwise clear (rule 72(a)).
Surveyors should provide a detailed account of the action being undertaken including the statute(s) and section number(s) and other relevant information such as Gazette Notices, exemption from section11(1) RMA, etc.
The more information provided at the initial submission of the survey dataset, the smoother the flow through the LINZ plan approval and the title processes.
Example DP 586818
DP 586818 is an example of an exchange of local authority reserve land for other land where both parcels are held under the LTA. In this instance subdivision consent was required.
Lot 2, a portion of esplanade reserve (Lot 6 DP 370883), previously owned by the Christchurch City Council, has been exchanged for Lot 3, a portion of the underlying Lot 1 DP 370883, previously held by the adjoining landowner.
Note that Lot 3 is now subject to the same control and management and is held for the same purpose as the reserve from which the land was given in exchange. By the same token, Lot 2 ceases to be reserve.
Example: Land exchange under the section 15 RA
Example: Gazette Notice authorising the exchange of land under section 15 RA
Exchange of land held under the Conservation Act 1987
The Conservation Act 1987 (CA) established a conservation estate of New Zealand’s sensitive natural and historic resources to be administered by the Department of Conservation (DoC). Much of the DoC estate consists of land for which there is no record of title.
The CA makes specific provision for land exchanges under section 16A (Stewardship areas) and section 24E (Marginal strips) and these are the two categories that surveyors will most likely be involved with.
CSD requirements
Land exchanges under the CA may require two datasets if the land being exchanged is held in different tenure types. A SO Crown Subdivision CSD must be used for the subdivision of Crown land not subject to the LTA (not held in a Record of Title), whereas subdivision of land subject to the LTA must be on a LT Subdivision CSD.
Under section 228 RMA, the approval of a Crown Subdivision CSD has legal effect as if it were a deposited plan under section 224 and becomes LTA land, whereas for LTA land, certain conditions under the RMA need to be met before the plan can deposit. Therefore, LTA land cannot be included in a Crown Subdivision CSD, even if the LTA land subdivision is exempt from subdivision requirements under the RMA.
While the transfer of land to the Crown for the purposes of the CA is exempt, the transfer from the Crown to the private owner is not, and subdivision consent will need to be obtained.
In circumstances where the LTA land is exempt from subdivision consent, such as under section 11(1)(cb) RMA, LINZ would probably accept the exchange on one LT subdivision dataset.
Where an exchange involves land held in a record of title that is limited as to parcels, it may be necessary to remove the limitation from part of or all the existing parcel under survey as part of the exchange process.
| Land tenure | CSD type | Survey Purpose | Subdivision consent |
|---|---|---|---|
| Crown land not subject to LTA and held for conservation purposes | Survey Office | Crown Subdivision | Division of conservation land (stewardship area or marginal strip) to be given in exchange requires subdivision consent. |
| Land subject to LTA | Land Transfer | LT Subdivision (or Limited title can be used if land under survey is limited as to parcels). | Land subject to LTA becoming conservation area or marginal strip exempt from subdivision consent by s 11(1)(cb) RMA. |
If there is any doubt in determining which CSD type to use, the surveyor is encouraged to seek assistance by submitting a Survey Information Complex Request at the outset.
Requests for Survey (Landonline Support)
Surveyors are encouraged to provide a detailed account of the action being undertaken including the statute(s) and section number(s) and other relevant information such as Gazette Notices, exemption from s11(1) RMA, etc.
Subdivision consent requirements
A Crown subdivision in terms of the CA requires territorial authority approval under sections 223 and 224 RMA unless a statutory exemption applies, such as section 11(1)(cb) RMA.
The balance of the Crown land, that is the land that will not become reserve, will also need to be defined as a new parcel to comply with rule 39 CSR 2021. However, subdivision consent will not be required (due to section 11(1)(cb) RMA exemption) as the land is being transferred for the purposes of the CA.
Stewardship area exchanges under section 16A CA
A stewardship area is land held under the CA for conservation purposes that is not:
- a marginal strip; or
- a watercourse area; or
- land or an interest in land held under the CA for the purpose of a conservation park, ecological area or any other specified conservation purpose.
Section 16A enables the exchange of any stewardship area (or part thereof) for any other land. The exchange will be authorised by notice in the Gazette. The land being exchanged must then be transferred to complete the exchange.
Example SO 561780 and DP 552249
An example of an exchange under section 16 is SO 561780 and DP 552249, which were prepared under the previous Rules for Cadastral Surveys 2010 (RCS 2010) for an exchange of conservation land and private land under the LTA. Both surveys were undertaken by the same surveyor.
The Crown land contained in GN 1887 p675 was subdivided by a SO Crown Subdivision CSD into Sections 2 and 4 SO 561780. The private land comprised in Part Waiwhariki Block (RT SA15C/546 Ltd) was subdivided by a LT subdivision CSD into Lots 1 and 3 DP 552249. As the title was limited as to parcels, the limitations were uplifted in conjunction with the exchange. Section 2 was exchanged for Lot 3, and the resulting privately-owned land (Lot 1 and Section 2) held together in RT 997026.
Section 2 SO 561780 was Crown land deemed to be held for conservation purposes under section 62 CA. For it to become a stewardship area it was declared to be held for conservation purposes under section 7(1) CA and then exchanged under section 16A CA.
Lot 3 is held in RT 1012469 by the Crown for conservation purposes as part of the conservation estate. Section 4 continues to be held without a Record of Title in GN 1887 p675.
Example: Land exchange under section 16A CA
Example: Land exchange under section 16A CA
Example: Gazette Notice authorising the exchange of Section 2 SO 561780 and Lot 3 DP 552249
Marginal strip exchanges under section 24 CA
A marginal strip is defined by section 24(1) CA as a strip of land 20 metres wide abutting the landward margin of any foreshore, bed of a lake, stream or river that is reserved from the sale or other disposition of Crown land.
Marginal strips are movable if reserved on or after 10 April 1990 under section 24(1) or (2) CA. Strips are fixed if they were created under section 24 between 1 April 1987 and 10 April 1990 or reserved under section 24(3) CA. This includes Crown land reserved from sale under section 58 of the Land Act 1948 or other similar section in earlier legislation.
Section 24A CA allows the Minister of Conservation to reduce the width of a marginal strip before disposition.
Any land acquired or taken by the Crown in exchange for any marginal strip is deemed to be reserved as marginal strip.
Section 24E CA enables the exchange of a marginal strip for another strip of land and, although this section does not distinguish between movable and fixed marginal strips, it is unlikely that an exchange will involve a movable strip.
Example SO 560349 and DP 561962
An example of a marginal strip exchange is SO 560349 (Crown Subdivision) and DP 561962 (LT Subdivision). Both were used to facilitate the exchange of an existing marginal strip (Esplanade Reserve Town of Albert Town) held in Crown ownership and a strip of land abutting the left bank of the Cardrona River (Lot 2 DP 561962), intended as the replacement marginal strip. Both surveys were undertaken by the same surveyor under the earlier RCS 2010.
SO 560349 defined, as Section 1, the existing marginal strip. The survey report provides a detailed explanation of the purpose of the survey, however it incorrectly states that the survey is exempt from subdivision consent under s11(1)(cb) RMA as transfer from Crown to private ownership is not exempt. It also refers to the land as Esplanade Reserve. It should have said Marginal Strip, otherwise this exchange would fall under the Reserves Act and not the Conservation Act.
DP 561962 subdivided the land in Lot 1 DP 27171 (comprised in RT 774709), with Lot 2 being the land to be exchanged and Lot 1 the balance. The survey report correctly noted that the subdivision was exempt from subdivision consent pursuant to section 11(1)(cb) RMA.
Example: Land exchange under section 24E CA
Example: Land exchange under section 24E CA
Example: Gazette Notice authorising the exchange of Section1 SO 560349 and Lot 2 DP 561962
Exchange of land under the Public Works Act 1981
The Crown or a local authority may take or acquire private land for a public work under the Public Works Act 1981 (PWA). Sections 105 and 106 of the Act provide for the acquiring authority to give the affected owner other land as full or part compensation by way of an exchange.
Section 107 provides for the various mechanisms for the transfer of land from the Crown or local authority to the person to whom it is being given including the transfer of land, the issue of new titles and their amalgamation, if required.
CSD requirements
In situations where the exchange involves the acquisition or taking of land for public works by legalisation action under the PWA, a SO CSD with the survey purpose of Legalisation must be used to define the land to be acquired or taken. Land being acquired and the land being granted in a PWA exchange may be defined on one SO Legalisation CSD.
A SO Legalisation CSD prepared for a legalisation action under the PWA will not usually require subdivision consent because of the exemption under section 11(1)(b) RMA.
However, if the land is being acquired under the PWA by transfer rather than by legalisation action, a LT Subdivision CSD can be used to define the land being acquired.
In circumstances where a new CSD is only required to define the land to be granted in the exchange, a SO Legalisation CSD may still be used, but it would also be acceptable to use another CSD type appropriate for the land tenure. For example, a SO Crown Subdivision CSD can be used to define Crown land that is being granted in exchange. Similarly, a LT Subdivision CSD can be used to define land subject to the LTA that is being granted.
Where an exchange involves land held in a record of title that is limited as to parcels, it may be necessary to remove the limitation from part of or all the existing parcel of land under survey. Where land held in a limited title is being acquired for reserve by legalisation action under the PWA, the land to be acquired must be defined as if the limitation as to parcels is being removed. The legalisation action has the effect of removing the limitation.
| Land tenure | CSD type | Survey Purpose | Subdivision consent |
|---|---|---|---|
| All | Survey Office | Legalisation | Can be used for land being acquired and land being given in exchange. Exempt from subdivision consent by s 11(1)(b) RMA. Exchange of land authorised by s 107 PWA certificate. |
| Crown land not subject to LTA | Survey Office | Crown Subdivision | Can be used for division of Crown land to be given in exchange. Exempt from subdivision consent by s 11(1)(b) RMA. Exchange of land authorised by s 107 PWA certificate. |
| Land subject to LTA | Land Transfer | LT Subdivision (or Limited title can be used if land under survey is limited as to parcels). | Can be used for division of LTA land to be given in exchange. Exempt from subdivision consent by s 11(1)(b) RMA. Exchange of land authorised by s 107 PWA certificate. |
If there is any doubt in determining which plan type to use, the surveyor is encouraged to seek assistance by submitting a Survey Information Complex Request in Landonline.
Example SO 522034
SO 522034 is an example of a survey to support an exchange between a territorial authority and a private landowner under section 106 PWA. The Thames Coromandel District Council exchanged Sections 3 and 4 as compensation for Section 1, which was required for road. Sections 2 and 5 are the remaining areas from the underlying parcels. The land was held under the LTA in separate records of title – SA72A/414 and 231013.
Section 1 was acquired by legalisation under sections 20 and 114 PWA (see Gazette Notice 2022 ln1114) and the land was subdivided using a SO Legalisation CSD. The parcel intents for Sections 1, 3 and 4 are Legalisation. Section 1 was acquired by gazettal action and Sections 3 and 4 were exchanged for Section 1 under sections 106 and 107 PWA and amalgamated with the private land in Record of Title 231013.
Example: Land exchange under s106 PWA
Example: Gazette Notice acquiring Section 1 and declaring it to be road
Exchanges of Māori land under section 105 PWA
Section 16 of the Public Works Act 1981 (PWA 1981) empowers the Minister of Lands to acquire any land (including Māori land) required for a Government work. Section 105 requires the notifying authority (Crown or local authority) to give the affected owners equivalent other land as full or part compensation, whether in the same area or not.
Māori Land Court records indicate that there have been no applications recorded for land exchanges under section 105. Instead, exchanges involving Māori land have been completed either by an Exchange Order under section 310 of TTWMA or Crown land no longer required for a public purpose has been disposed of by way of an application under section 134 TTWMA. Section 134 vests the land in the owners of the underlying title(s) as Māori freehold land.
Exchange of land held under the Land Act 1948
The Land Act 1948 (the Land Act) provides for the acquisition and disposal of Crown Land.
Section 61 of the Land Act authorises the fee simple of any area of Crown land to be exchanged for the fee simple of any other land. All land acquired by the Crown by way of exchange under section 61 becomes Crown land under the provisions of the Land Act.
Crown land held under the Land Act will generally not have a record of title (see section 42 Land Act), therefore a SO Crown Subdivision CSD must be used for the subdivision of Land Act land, including Crown land to be used for an exchange under section 61 Land Act.
Two datasets are required for an exchange of Crown land with land under the LTA, if the LTA land is also being subdivided - a LT Subdivision CSD for the subdivision of the LTA land and a SO Crown Subdivision for the Crown land subdivision.
Subdivision of Crown land held under the Land Act is subject to section 228 RMA and the CSD must be approved by the territorial authority under section 223 and 224 RMA before it is submitted to LINZ (unless an exemption from Part 10 RMA applies).
No title will be issued for the land becoming Land Act land as section 42 requires cancellation of the title of any land acquired under the Act.
| Land tenure | CSD type | Survey Purpose | Subdivision consent |
|---|---|---|---|
| Crown land not subject to LTA | Survey Office | Crown Subdivision | Used for division of Crown land to be given in exchange; requires subdivision consent. |
| Land subject to LTA | Land Transfer | LT Subdivision (or Limited title can be used if land under survey is limited as to parcels). | Used for division of LTA land to become Crown land under Land Act; requires subdivision consent. |
If there is any doubt in determining which plan type to use, the surveyor is encouraged to seek assistance by submitting a Survey Information Complex Request in Landonline.
Other land exchanges
Although rare, a survey may be required for the exchange or disposal of land held under:
- Coal Mines Act 1979
- Crown Forests Assets Act 1989
- Crown Minerals Act 1991
- New Zealand Railways Corporation Restructuring Act 1990
- Walking Access Act 2008
Coal Mines Act 1979
Compensation under section 83(2) is determined in the same manner as a claim under the PWA, which can involve exchange of land.
Crown Forests Assets Act 1989
Land exchanges are dealt with explicitly under section 8(d).
Crown Minerals Act 1991
A survey of the land to which the application for an exploration permit applies may be required under section 29. The survey plan must be certified by the Surveyor-General (i.e. in accordance with CSR 2021) before the permit is granted. Section 32 enables the permit holder to surrender a prospecting permit for the land to which the permit applies and exchange it for an exploration permit on other land. Section 29 provisions may apply.
New Zealand Railways Corporation Restructuring Act 1990
Sections 21 to 26 address the disposal rather than exchange of railway land, which is subject to sections 40 to sections 42 PWA. Subdivision of railway land is exempt from section 11 and Part 10 RMA provisions under section 25A
Walking Access Act 2008
The New Zealand Walking Access Commission is authorised to establish walkways over public, private and Māori land. Under sections 22 and 28, any land that is declared a walkway must be defined on a plan in accordance with the Surveyor-General’s rules (i.e. CSR 2021). Establishment of walkways may involve the exchange of land.