Consent notices under s221 of the RMA

Consent notices are a form of covenant between the council and the land owner and can only be imposed through a subdivision consent. They relate to conditions that must be complied with on a continuing basis by the owner and subsequent owners after the deposit of the survey plan (s221 of the RMA). Such conditions may include engineering works, density, site coverage, and the location of building platforms. Because a consent notice is an agreement between the council and the land owner, the council would enforce any non-compliance. 

Consent notices are legally deemed to be an instrument creating an interest in the land within the meaning of s62 of the Land Transfer Act 1952, and a covenant running with the land when registered under the Land Transfer Act. Section 221(3) of the RMA enables conditions specified in consent notices to be varied or cancelled by agreement between the land owner and the council, at any time after the deposit of the survey plan.