This article relates to the information that is required to be included in a Title Plan under rule 10.
A Title Plan holds title information and is designed for tenure managers (for example the Registrar General of Land and the Māori Land Court), right holders, and other users (including lawyers and local authorities).
The information is necessary for the correct management and allocation of rights, to support the resource consent process (before and after lodging with LINZ), and to depict the extent and location of rights for current and future landowners, right-holders, and other interested parties.
A CSD must include a Title Plan whenever a new parcel is being created [r 8.1(b)].
A Title Plan consists of both diagrammatic and non-diagrammatic information. The diagrammatic information must be depicted on a Diagram of Parcels [r 10.4].
Information which is not required to be presented diagrammatically on the Diagram of Parcels includes:
- information that enables a tenure manager to process the CSD [r 10.1],
- easement information relating to either a memorandum or schedule [r 10.2], and
- notations required to support new or existing covenants [r 10.3].
Non-diagrammatic information may be in Diagram of Parcels
In a Title Plan, the surveyor can choose to include non-diagrammatic information on the Diagram of Parcels. Its inclusion on the diagram satisfies rules 10.1 – 10.3.
Parcel intent in Title Plan
A Title Plan must include the parcel intent for each parcel [r 10.1(e)].
Appellation of underlying parcel in Title Plan
A Title Plan must include the appellation of each underlying parcel [r 10.1(f)], that is the parcels whose interests are or will be directly affected or encumbered by a non-primary parcel (refer to Underlying parcel).
The underlying parcel must not be confused with the parcel to be extinguished.
In a Title Plan, the notations, memorials, or other matters required by law [r 10.1(g)] will be determined by the legislation applicable to the survey. Examples of where notations may be required are for land being vested, dedicated, transferred, proclaimed, or amalgamated.
In the case of land that is to vest in the Crown or territorial authority upon deposit of a subdivision CSD, a vesting notation must be shown on the Diagram of Parcels (of the Title Plan). This notation must include the vesting purpose, the fact that the land is to vest, and in whom the land is to vest [RGL requirement for CSD to deposit].
In the case of land that is in the coastal marine area, the notation 'Common marine and coastal area' or, where applicable, 'erosion (common marine and coastal area)' must be depicted on the Diagram of Parcels of the Title Plan [RGL requirement for CSD to deposit].
This includes land in a primary parcel where it must become common marine and coastal area upon deposit of a subdivision CSD pursuant to s 237A RMA 1991) (refer to MACAA and land becoming common marine and coastal area under s 237A of the RMA) or land in a residue parcel where it is already common marine and coastal area (refer to MACAA and land already part of common marine and coastal area as residue parcel).