Who should apply for a right of way certificate
Applications are usually made by cadastral surveyors and legal professionals because the reasons for applying are legislative and technical in nature.
A right of way certificate should be used for specific technical matters under the Resource Management Act or Local Government Act that require council action, but are not dealt with through standard resource consent processing.
- creation of a right of way under section 348 of the Local Government Act 1974
- cancellation of an easement under section 243(e) of the Resource Management Act 1991
- cancellation of amalgamation conditions under section 241(3) of the Resource Management Act 1991
- certificate confirming an allotment is in accordance with the requirements of the Auckland Unitary Plan (Operative in Part) and under section 226(e)(ii) of the Resource Management Act 1991.
How to apply for a right of way certificate
As well as the completed application, we may need additional information so we can make legislative assessments. For example, we may need a Certificate of Title or the proposed plans.