Guidance Note: Consent notices create an interest in land that may be registered on the certificate of title. The conditions the subject of consent notices bind the consent holder and subsequent owners of the land and should be used for conditions that are to be complied with on a continuing basis. Conditions that are to be the subject of consent notices should clearly identify what is required, how it is to be undertaken and when and with what frequency. For example a condition requiring the protection and maintenance of subsoil buttress drains should specify the frequency of maintenance and a reporting regime confirming the maintenance has been undertaken accordingly. Examples of matters where conditions that may be appropriate for consent notices include: Geotechnical requirements for design and construction of buildings, On-going maintenance of drains, stormwater devices, retaining walls, The location of buildings in relation to infrastructure such as sewer and stormwater pipes Protection of native bush, including control of weeds Bonds Bond conditions for subdivisions may be imposed under sections108 and 222 of the RMA. A bond under section 108 may be given for the performance of one or more conditions including conditions that may continue after the consent has expired to ensure the ongoing performance of conditions relating to long term effects. A bond under section 222 may be given for the performance of one or more subdivision conditions requiring work to be completed but for particular reasons will not be completed prior to the issue of the section 224(c) certificate. Condition 16: Requirements for bond section 108 – Under sections 108 and 108A of the RMA, before any works commence on the site [amend if other trigger], the consent holder shall provide a bond of $[specify amount] (incl. GST) (bond sum) to the council. The bond is to ensure the performance of condition(s) [insert condition numbers]. Advice note: The council may use the bond during (and following) the implementation of the works for the following purposes: [Examples tailor to your specifics; note this has been included as an advice – note as core obligation / works guarantee should be included in the condition the bond is to ensure the performance of]
Guidance Note: Consent notices create an interest in land that may be registered on the certificate of title. The conditions the subject of consent notices bind the consent holder and subsequent owners of the land and should be used for conditions that are to be complied with on a continuing basis. Conditions that are to be the subject of consent notices should clearly identify what is required, how it is to be undertaken and when and with what frequency. For example a condition requiring the protection and maintenance of subsoil buttress drains should specify the frequency of maintenance and a reporting regime confirming the maintenance has been undertaken accordingly. Examples of matters where conditions that may be appropriate for consent notices include: Geotechnical requirements for design and construction of buildings, On-going maintenance of drains, stormwater devices, retaining walls, The location of buildings in relation to infrastructure such as sewer and stormwater pipes Protection of native bush, including control of weeds Bonds Bond conditions for subdivisions may be imposed under sections108 and 222 of the RMA. A bond under section 108 may be given for the performance of one or more conditions including conditions that may continue after the consent has expired to ensure the ongoing performance of conditions relating to long term effects. A bond under section 222 may be given for the performance of one or more subdivision conditions requiring work to be completed but for particular reasons will not be completed prior to the issue of the section 224(c) certificate. Condition 16: Requirements for bond – section 108 Under sections 108 and 108A of the RMA, before any works commence on the site [amend if other trigger], the consent holder shall provide a bond of $[specify amount] (incl. GST) (bond sum) to the council. The bond is to ensure the performance of condition(s) [insert condition numbers]. Advice note: The council may use the bond during (and following) the implementation of the works for the following purposes: [Examples – tailor to your specifics; note this has been included as an advice note as core obligation / works guarantee should be included in the condition the bond is to ensure the performance of]