Why is consent required?
Your property at Milldale is subject to a registered encumbrance. Under the registered encumbrance, infrastructure payments are payable to Milldale LP. The encumbrance provides that you must not subdivide your property without the prior written consent of Milldale LP.
Milldale LP will promptly provide its consent to a subdivision, provided that:
- you make arrangements with Milldale LP to prepay all infrastructure payments currently payable under the encumbrance up to 1 July in the year immediately following the year in which the titles will be issued as a result of your subdivision; and
- the titles created upon subdivision will each be subject to a first ranking encumbrance on terms consistent with the current registered encumbrance which provide for a fair and reasonable apportionment of the infrastructure payment currently payable under the encumbrance across each of the new titles created by the subdivision.
The above requirements are necessary to ensure that the current encumbrance can be discharged and new encumbrances can be registered over the new titles created by the subdivision. This will enable Milldale LP to continue to collect infrastructure payments, attributed fairly across the new titles created by the subdivision.
How do you request consent?
Requests for consent to subdivide must be sent to firstname.lastname@example.org. Each request must provide a detailed description of the proposed subdivision, identifying and providing:
- that you are requesting consent to subdivide your property;
- your name and contact details;
- your current property address and record of title identifier(s);
- the number and size of the lots/units/sections that will be created by the subdivision identified on a scheme plan (either a draft land transfer plan, or where the proposed subdivision is to create unit titles, the draft unit plans);
- your proposed fair and reasonable apportionment of the infrastructure payments currently payable across the lots/units/sections that will be created by the subdivision; and
- contact details for your solicitor who will be acting as the conveyancing professional for the purposes of the subdivision.
When do you request consent?
Milldale LP asks that you request consent for your subdivision [after your draft survey or unit plan has been approved as to survey (consent for the purposes of section 223 of the Resource Management Act 1991)] and before [you apply for consent to deposit the survey plan (consent for the purposes of section 224(c) of the Resource Management Act 1991)].
If you do not obtain consent before your plan is deposited by Land Information New Zealand you will be acting in breach of your encumbrance. Milldale reserves all rights in respect of any breach of the encumbrance.
When will Milldale LP respond?
Milldale LP will review the subdivision consent request and will endeavour to respond within ten working days.
If on receipt of your request Milldale LP requires more information to fully assess your request, one of the Milldale LP team will be in touch as soon as possible to discuss this with you.
- If your request is approved, Milldale LP will confirm this in writing. Please note that consent will be conditional on and subject to: you paying all infrastructure payments payable under your encumbrance up to 1 July in the year following the completion of your subdivision; and
- you ensuring that first ranking encumbrances are registered on the records of title for the new titles created by the subdivision.
When providing its written consent, Milldale LP will also provide you with:
- payment instructions (for payment of all infrastructure payments payable under your encumbrance up to 1 July in the year following the completion of your subdivision);
- the form of new encumbrance and the infrastructure payment schedules for each new title (to be attached to the new encumbrances); and
- instructions that you can provide to your solicitor to enable the registration of the new encumbrances.
Your solicitor must:
- undertake to Milldale LP that the new encumbrances registered on the records of title for the new titles created by the subdivision have the required first ranking priority. The required form of undertaking will be included in the instructions provided by Milldale LP; and
- on completion of the subdivision, send post registration search copies of the new titles created by the subdivision identifying the first ranking registered encumbrances.