It is now common practice for most Territorial Authorities (the TA) to attach certifications under sections 223 and 224 of the Resource Management Act 1991 (the RMA) to the Cadastral Survey Dataset (CSD) as supporting documents, or for a surveyor to attach the certifications by scanning them.
Sometimes the certificates are also lodged as instruments in the dealing to deposit the CSD. Thus the certificates are unnecessarily duplicated.
The duplication is not desirable but requisitioning the dealing to have the certificates removed may negatively impact on the landowner’s timeframes. Where the certificates are lodged with both the CSD and the dealing, LINZ will register the certificates in the dealing and charge registration fees if it appears the certificates lodged are still current.
Conveyancers should search the CSD supporting documents to check if the section 223 & 224 certificates have been attached to the plan and that they are current. You should also check that the certificates attached are still current.
- If the s223 consent certificate attached to the CSD has lapsed under s224(h) then a new C223 s223 certificate is required for registration.
- If the s223 & 224 certificates contain different information from those attached to the CSD then you should confirm with the TA which are the correct certificates. If the certificates attached to the plan are correct then there is no need to lodge the certificates with the dealing, however if they are incorrect you will need to lodge the certificates as C223 & C224 instruments in the dealing (and remove the obsolete certificates from the plan).
If you determine that certificates under ss223 & 224 are required to be registered as instruments please ensure the order of registration places the instruments prior to the Order for New Record of Title (OCTN) in the dealing and links the titles being subdivided (the head title(s)) to the instruments as affected.
If any consent notices have been issued under s221 of the RMA (CONO) then they are required to be registered as instruments in the dealing in all instances - s224(d) RMA. These should be placed after the OCTN instrument.