Certain land/property titles within the Canterbury, Marlborough and North Otago land districts may have a registration shown on the property title that states the title is subject to a registration under a Land Improvement Agreement (LIA).
All such registrations were achieved under Section 30A of the Soil Conservation and Rivers Control Act 1947.
In Canterbury at this time, there are about 1500 agreements that have some form of legally binding status. Of that 1500, Environment Canterbury has identified about 120 that fit within the Council policy criteria which identify those that will be retained to achieve ongoing land management obligations.
Land Improvement Agreements can generally be divided into the following criteria:
- Agreements for single works
- Soil and water conservation plans
- Wind erosion control plans
- Erosion control and forestry works
- Regional firebreak schemes
Council policy dictates the following procedure:
Agreements for single works plans
Agreements of this nature can generally be discharged, unless the agreement involves the retirement of high-altitude or indigenous bush areas.
Soil and water conservation plans
Agreements can be discharged, unless the agreement involves retirement and/or permanent de-stocking of areas and the associated works (fences). Including indigenous bush areas.
Wind erosion control plans
No ongoing involvement. All “wecx” plans to be discharged.
Erosion control forestry works plans
No ongoing involvement. All plans to be discharged.
Regional firebreak schemes
No ongoing involvement. All plans to be discharged.
Property owners (or their appointed agent/s) should in all cases check the property title to see if such registrations are shown on their title.
If a title is free of any such registration or encumbrance, then it is very unlikely that any LIA or like agreement has any ongoing legal status.
If a registration is shown (and remains current) and you would like to have its status checked, contact Environment Canterbury Customer Services with a copy of the title showing the all details of the registration. If a copy of the LIA can be supplied, this will considerably aid our turn-around time.
If a property owner, with such an agreement (or their appointed agent/s) wishes to have the agreement discharged, Environment Canterbury should be formally advised of this request.
In each case (where adequate supporting information is supplied), Environment Canterbury will investigate the status of the LIA and see how it fits with the Environment Canterbury policy criteria.
If the property is one of those that fits within the Environment Canterbury criteria that requires ongoing retention or responsibilities, such agreements are unlikely to be discharged.
All other agreements can, in most cases, be discharged from the title.
Environment Canterbury requires reasonable notice to undertake any discharge. Where the process is straightforward, this can in most cases be achieved in 6 to 8 weeks. If inadequate records are available or the supporting information is not supplied, or where the process proves to be more complicated, applicants can expect the process to take longer.
The more information the landowner or the landowner’s agent can supply, the quicker we will be able to facilitate any request.