Subdividing And Protecting Indigenous Ecosystems

Name: Buckton Surveyors and Planners
Brand: Buckton Surveyors and Planners
Rating: 4.8 (16 reviews)

Giana Pedrazza
Apr 24
4 min read

We're so glad you're here! Happy reading!

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Buckton's Manager, Gabriel Hare, flying a drone on site. — *Figure 1 . Map of wetland extent in 2013, a majority of which are located on private property.*

Most of New Zealand's remaining indigenous biodiversity resides on private land and not public conservation land (for example, covering Whangaparaoa to Whangarei, see Figure 1). Most farmers and landowners debate whether to use it or conserve it, and a decision is usually based on their own personal, social and cultural goals. Biodiversity protection can leverage landowners into the development of land for creating additional titles. However, size and quality matter.

If you live in a Auckland 'rural production' or ‘rural coastal’ zone or in the Kaipara District which is currently zoned 'Rural' and you have been considering potential land subdivision and changing use options, and your land either contains or adjoins areas of indigenous bush, wetland or rivers/streams, you could protect such indigenous ecosystems to achieve subdivision. The result could be a land title(s) and a biodiversity protection covenant(s) registered against the title.

Auckland's 'rural production' and ‘rural coastal’ zone:

The number of lots/sites varies depending on the area of your bush and wetland; if it meets particular ecological criteria, and if Significant Ecological Area(s) (SEA) are present. Your sites can be in-situ (stay on the farm/property) or transferred to the countryside living zone. To briefly summarise council rules, you will need a minimum of 4 hectares of indigenous bush to get 1 in-situ site/title and 2 hectares for a transferable title. For wetlands, you will need a minimum of 0.5 ha for both in-situ and transferable title.

There are three main approaches for landowners to subdivide:

Protection of the Indigenous bush (Indigenous ecosystem),
protection of the wetland, and
protection through revegetation planting.

A recent Environment Court decision now enables landowners to subdivide where multiple ecological areas are present. Previously, the Auckland Council required ecological areas of bush and wetland to be continuous, meaning landowners with smaller or fragmented ecological areas were often blocked from subdividing. The Environment Court confirmed that non-contiguous areas can now be combined to meet the area thresholds for subdivision or creating in-situ or transferable titles.

Subdivision through establishing indigenous revegetation planting is also a potential option for landowners. Our ecologist can advise and assist in revegetation design and planning, and again, size and quality matter as Auckland Council expects certain actions to be undertaken to ensure planting success.

Buckton ecology services, alongside our planners and surveyors, can evaluate and assess if your property has indigenous ecosystems such as bush and wetland. The 'quality' of the indigenous vegetation needs to meet ecological criteria if it is not already identified as a SEA. We carry out ecological assessments and protection plans, which you will need for a subdivision application. Our ecologists specialise in the Rodney, Kaipara and Mahurangi regions. So, contact us to discuss your ideas, and we can help assess the ecological significance under the Auckland Unitary Plan. Our work is also situated in the Kaipara District, so keep reading if your land is located there, as rules differ under the Kaipara District Plan.

Kaipara District 'All Zones' (Operative):

The Kaipara District Council is reviewing their District Plan, with the proposed new district plan to be notified for public submissions on 28 April 2025.

If you live in the Kaipara District and are considering subdividing your land, the operative Kaipara District Plan, in all zones, enables environmental benefit subdivision under Rule 12.13.1. An ecological assessment and protection plan of indigenous vegetation, duneland and wetlands is required to support an application to subdivide. Again, size and ecological quality matter.

In-situ subdivision applies in the Kaipara district. There are no transferable title provisions like in Auckland. A minimum of 0.5 ha of indigenous vegetation, wetland or duneland of quality can yield one lot. If you are thinking of subdividing and have less than 21 Ha, it would be a good time to advance your plans before the implementation of the new district plan. Environmental Benefits through subdivision remain under the proposed district plan, but the minimum parent lot size may change from 1 Ha to 21 Ha, and your land will need to be zoned 'general rural' and 'rural production'.

Buckton ecologists, along with our planners and surveyors, have extensive experience in the Kaipara region and can assist with successfully navigating through the application and resource consent process.

Contact us today.

Director - Richard Cullen

Ecologist - Dr Leane Makey