Rural Subdivision

The following information outlines what you need to consider before subdividing in a rural area, including zoning rules, lot sizes and Council processes.

If you have any questions, please get in touch with our Duty Planner by email or phone 07 306 0500.

Subdivision in Rural Production, General Rural and Rural Ōhiwa

Can I subdivide?

Your ability to subdivide your property depends on its location, zoning, size and how well your proposal complies with the rules in the Whakatāne District Plan.

You can find the subdivision rules and find the zoning of your property in the Whakatāne District Plan. There are also online maps available.

Zone overview

This section is an overview of the main requirements for subdivision in the four rural zones.

For more specific advice, you should contact a surveyor or planner who can provide advice and help you design and prepare a subdivision application to lodge with us.

Rural Production Zone

The National Policy Statement for Highly Productive Land came into force in October 2022 with the objective to protect highly productive land for use in land-based primary production, both now and for future generations. The main purpose of the Rural Production Zone is to protect the rural and primary production economic growth potential of the district. Other activities linked to primary production, which have a functional need to be in that zone, are provided for.

General Rural Zone

This zone applies to areas where the land has some limiting factors like gradient, erosion and drainage, but still has high value for rural production. Provision is made for rural residential activity where production activities aren’t compromised, and for activities that have a functional need to be in the zone.

Rural Coastal Zone

This zone is located along the coastal margin, from Otamarakau to Coastlands. It’s been created to manage important coastal values, while making sure rural production can still operate. The rules are there to manage effects related to natural hazards, ecological values, natural character and landscape.

Rural Ōhiwa Zone

This zone is located around the Rural Ōhiwa Zone and has been created to manage important landscape, natural character and significant ecological and visual values, while making sure rural production activities can still operate.

Subdivision standards

Minimum lot size

The minimum lot size depends on the zoning of your property - see Table 1.

Zone	Minimum lot size
Rural Production Zone	8ha, unless a redefined lot. Redefined lot (two contiguous titles where no additional titles created): The maximum lot size is 5000m2 with a minimum area of 8ha for the balance lot.
General Rural Zone	Average lot size of 2ha or greater. Minimum lot size of 5,000m2. Assessment of the average lot size includes all lots created by subdivision that have been included in the subject property(ies) since 1 January 1998.
Rural Coastal and Rural Ōhiwa	4ha

Protection lot

One additional lot may be proposed if the parent lot contains a:

• Scheduled significant biodiversity site, or
• Scheduled cultural or archaeological feature, or
• Scheduled built heritage feature, or
• A heritage feature of significance, assessed through a specialist heritage report.

The additional lot must be between 2,500m² and 5000m² in area, excluding the area to be protected and any vehicle access areas. There are also restrictions on the minimum areas that must be protected for this rule to be applied.

Boundary adjustments

A boundary adjustment is still a subdivision process, but it can’t be declined by the Council. The following requirements must be met; however, for an application to be considered on this basis:

• there is no resulting increase in the number of lots, and
• each resulting lot must have substantially the same area, i.e. land is effectively swapped, and
• all other standards are complied with (distance to boundary, access, services etc.)

Other subdivision standards

As well as lot size, there are other planning, environmental and engineering matters that you need to consider when applying for a subdivision. These include:

1. Access: The lots must have legal and physical access to a public road, and access needs to be constructed to the required standard. If the land has access from a State Highway, you’ll need to provide written consent from Waka Kotahi - NZ Transport Agency.
2. Building site: Every new lot must contain a building site that is suitable for residential development. If the land is steep, prone to inundation or erosion, special consideration will be taken. Specialist reports are needed, like a geotechnical assessment, to support any application where there are limiting site-specific factors.
3. Services: Each lot must be able to provide a potable water supply, and be able to discharge effluent and stormwater within the lot area. An On-site Effluent Treatment System (OSET) assessment is usually needed to support the application.
4. Other factors, such as proximity to significant infrastructure, the coast, landscape features, archaeological or cultural features, the presence of streams, wetlands and native bush will also affect the information you need to submit and how your subdivision proposal is assessed.
5. Council is required to ensure that any proposed building site is in an area that is free from soil contamination and that any earthworks, a change in land use or subdivision doesn’t adversely affect human health. Any application must include an assessment against the provisions of the National Environment Standard for Assessing and Managing Contaminants in Soil to Protect Human Health.

Do I need to employ a surveyor or planner?

Engaging a surveyor and/or planner is an important part of the subdivision process. They'll give you professional advice and help guide you through the subdivision process. They’ll help you identify what specialist reports are needed and prepare the subdivision application for you, including the Assessment of Environmental Effects (AEE report). A surveyor will prepare a scheme plan and ultimately do the survey work if consent is granted.

Do I need to get my neighbours’ permission?

Consultation with your neighbours can be very beneficial for both parties, especially if shared services or rights-of-way are involved. Council planning staff will ultimately decide if written approval from your neighbours or any other party is needed as part of the subdivision process.

Do I need to consult with iwi?

Many iwi or hapū have iwi management plans that must be considered.

View the iwi management plans»

Some iwi also have statutory acknowledgments over specific areas or features that must be specifically considered. These areas can be found on the Bay Of Plenty Regional Council website.

Consulting with all relevant iwi and hapū groups means the cultural effects of the proposal can be understood. This should be completed before any application is lodged.

How long does it take the Council to process my subdivision application?

We have 20 working days to process a non-notified subdivision application. This time doesn’t include any time the application is on hold while waiting for more information.

Subdivision proposals that have more than minor effects on the environment, or involve parties that won’t give their written approval, must be limited or publicly notified. Affected parties can then lodge submissions for or against the proposal. If a submission is received and the submitters want to be heard, a Council hearing will be required. Notified subdivisions can take three to four months to be processed.

Will conditions be placed on my subdivision approval?

If we approve your subdivision, there will be certain conditions that need to be met before you can apply to Land Information New Zealand (LINZ) to get new Records of Title. These conditions might include things like installing new services, upgrading or installing vehicle crossings and access ways, creating easements and fencing bush or wetland areas.

You must complete all of the conditions before you can apply for the final certificate from Council (Section 224). Some of these conditions might be ongoing after the Records of Title is issued. These are placed against the title by way of a Consent Notice.

Your surveyor will also need to prepare the final Land Transfer Plan for Council’s approval (Section 223 plan) and physically peg the location of the new boundaries.

What does a subdivision consent cost?

We charge a deposit for subdivision consent applications. You can find the list of fees in our Fees and Charges document.

Additional fees are charged depending on how long it takes to process your application. All fees are charged on a cost-recovery basis. This might also include costs related to Consent Notices preparation and specialist reports review.

There are other legal costs and potential development contributions as well, which you should discuss with your surveyor before starting the subdivision process. A development contribution is required if a subdivision opens up the possibility of an additional dwelling permitted on the land.

How long do I have to complete my subdivision and get new titles?

Once a subdivision application has been approved, you have a maximum of five years to have the new Land Transfer Plan certified by Council (Section 223 plan). You then have a maximum of three years to complete the conditions of consent (Section 224 certificate), complete legal requirements and have the new Records of Title issued by LINZ.

The time between the S223 certification of the Land Transfer Plan and the issue of title can’t be extended. If the three year timeframe isn’t met, then the subdivision lapses.

If you need more information, please get in touch with our Duty Planner by email or phone 07 306 0500.