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Land Information Memorandum Application Online
General Terms of Trade | Delivery Terms | Description of Service | Refund and Return Terms
Welcome to LIM Application Online, which allows you to order a LIM over the internet without you having to leave your home or office.
To order online you must -
- pay by VISA, MASTERCARD or BANKCARD. The cost of obtaining a LIM is as follows:
|Residential Property LIM (deposit - includes 3.5 hours processing time and disbursements)
|Additional processing hours over 3.5 hours (per hour)
|Commercial Property LIM (deposit)
|Additional processing hours (per hour) if more than 2 hours is required for commercial property LIMs
- read and accept the 'Terms and Conditions' by clicking the 'I Agree' button at the bottom of this page.
- If you choose to have the LIM emailed to you we will also post you the hard copy for your records.
- The LIM must be issued within 10 working days of receipt of your application.
- The Local Government Official Meetings Act 1987 definition of a working day:
- Working day means any day of the week other than—
- (a) Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign's Birthday, and Waitangi Day; and
- (b) A day in the period commencing with the 25th day of December in any year and ending with the 15th day of January in the following year.
- In some cases it may not be possible to uniquely identify a property. We advise that you apply for a LIM in person if there is any uncertainty about the property you are viewing on-screen.
- When applying for commercial LIMs it is imperative that a copy of the Certificate of Title be faxed to us (Fax No.04 5706799). The processing of the LIM will not start until we have received the copy of the CT.
- If the property for which you are requesting a LIM has a commercial and a residential portion, please request a commercial LIM to ensure you receive all the relevant information.
Terms and Conditions
The following terms, which are set out below, apply to any LIM application made by the customer ("you") using this LIM Application online facility:
(a) the Hutt City Council's General Terms of Trade;
(b) the Delivery Terms;
(c) the Description of the Service to be provided; and
(d) the Refund and Return Terms.
Please read these terms carefully. By clicking the "I Agree" button at the end of these terms you accept and agree to be bound by these terms.
- The Hutt City Council ("we") may vary these terms in whole or part from time to time. If we do, the varied terms will be incorporated into our agreement with you relating to any order you place for goods or services using this online service from the date the modified terms are displayed on our website.
- We have made all reasonable efforts to ensure that this online ordering service on our website will be properly provided to you. However, we do not guarantee that our website will be error-free, uninterrupted, continuously available, or free from viruses or malicious programmes. You agree that you use our website at your own risk.
- We will make all reasonable efforts to fulfil orders for goods or services placed using our website and accepted by us but we do not guarantee that the goods or services specified on our website will always be in stock or available. We will advise you as soon as possible if any order cannot be filled and will refund to you any money paid to us for that order. We may request additional information regarding any order that you have placed with us in order to process the order and deliver the goods or supply the services. You agree to supply such information to us on request.
- We will make all reasonable efforts to ensure that the descriptions of goods and services and prices shown on our website are accurate and up-to-date. However, we reserve the right to adjust the actual price charged if the prices shown are incorrect, and to vary our prices and product descriptions at any time and without notice, subject to the requirements of Section 150 of the Local Government Act 2002, which provides that certain fees must be prescribed in bylaws or using the special consultative procedure set out in the Act. All charges specified include New Zealand Goods and Services Tax.
- Title to all goods supplied to you will be retained by us until we receive payment in full for those goods. All risk of loss of, or damage to, the goods passes to you on delivery of the goods to you.
- We will deliver the goods or supply the services to an address specified by you within New Zealand in accordance with our Delivery Terms in respect of the good or service you have ordered which are displayed on this website. We do not charge for delivery within New Zealand. If the delivery address specified by you is outside New Zealand, we will charge all packaging and postage costs to you. Subject to any legislative requirement to deliver certain goods or services within a specified time as set out in the Delivery Terms in respect of the goods or services you have ordered, any time for delivery of goods or supply of services quoted by us shall be approximate only and we will not be liable to you for failure to supply the goods or services by or at such time on any grounds whatsoever, including negligence by us. We will not be liable for failure to deliver any goods or supply any services where such failure is caused by circumstances beyond our reasonable control.
- Payment for all goods and services ordered using the Hutt City Council's online service must be in New Zealand dollars only.
- Only those goods or services identified as available for export in the applicable "Description of Goods" or "Description of Services" statement will be available for international sale. The customer will incur any and all delivery costs for such goods or services.
- To the extent permissible by law, all guarantees, conditions, warranties, descriptions, representations, and conditions as to fitness or suitability for purpose, tolerance of any conditions, merchantability or otherwise (whether of a like nature or not) and whether express or implied by law, trade custom or otherwise are expressly excluded.
- You warrant that you are 18 years or over and have the full legal capacity to agree to and enter into these terms as a binding legal contract. You also warrant that any details you provide on our order form are true and correct. You agree to indemnify us for any consequences resulting from incorrect information provided by you on our order form.
- You agree that where you acquire goods or services from us for the purpose of a business, the provisions of the Consumer Guarantees Act 1993 do not apply to the supply by us of those goods or services.
- Where the Consumer Guarantees Act 1993 applies, to the fullest extent permitted by law, our liability for breach of any implied warranty or condition which cannot be excluded is limited, at our option to:
a. In the case of services, the supply of the services again or the payment of the cost of having services supplied again; or
b. In the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired (in accordance with our refund/returns Terms in respect of the good or service you have ordered posted on this website).
- Apart from refunding to you the price paid for any goods or services which we have been unable to supply, we have no liability to you for any loss or damage (either direct, indirect or consequential, including any loss of profit) suffered by you or any other person as a result of using this online service or any failure or delay in providing this service or the goods or services ordered.
- Despite anything in clause 13 or elsewhere in these terms, to the extent permissible by law, our liability, whether in contract, pursuant to cancellation of these terms or any order made using this website, in tort, or in any other way, concerning all claims for loss, damage or injury which arise directly or indirectly from our contract with you, shall not in aggregate exceed the price paid or payable by you for the goods or services in relation to which the loss, damage or injury arose.
- In addition to the indemnity contained in clause 10, you agree to indemnify us for any reasonably foreseeable costs (including settlement and legal fees), damages, losses or expenses that we may incur, suffer or become liable for as a result of:
a. Your breach of the terms applying to the provision of the goods or services to you (including these General Terms of Trade);
b. Your intentional misuse of this website;
c. Your negligent acts, error or omissions; or
d. Any claim, suit, action or proceeding brought by a third party against us as a result of the matters set out in paragraphs (a)-(c).
- Nothing in clause 15 limits any rights or remedies we may have under statute or under the general law.
- Waiver or variation of these terms by us will only be effective if given in writing by an authorised person. If we waive any of these terms the waiver will not affect our rights under these terms at any future time.
- If a dispute arises relating to any order placed by you and/or these terms and conditions, the parties will try to settle the dispute by mediation before resorting to litigation or arbitration. Any party may initiate mediation by giving written notice to the other. The mediator should be agreed upon by the parties, but if the parties cannot agree on one within seven days after the mediation has been initiated, then the mediator shall be appointed by the chairperson of LEADR New Zealand Incorporated.
- These terms and conditions are governed by and shall be construed in accordance with New Zealand law. You unconditionally submit to the exclusive jurisdiction of the New Zealand courts.
- In accordance with the Local Government Official Information and Meeting Act 1987 (section 44A), we will issue a Land Information Memorandum (LIM) to you within 10 working days of receipt of your application.
We will issue to you a LIM which contains the following:
such other information concerning the land as we consider to be relevant.
- Information identifying each (if any) special feature or characteristic of the land concerned, including but not limited to potential erosion, avulsion, falling debris, subsidence, slippage, alluvion, or inundation, or likely presence of hazardous contaminants, being a feature or characteristic that-
(i) Is known to us; but
(ii) Is not apparent from the district scheme under the Town and Country Planning Act 1977 or a district plan under the Resource Management Act 1991;
- Information on private and public stormwater and sewerage drains as shown in the territorial authority's records;
- Information relating to any rates owing in relation to the land;
- Information concerning any consent, certificate, notice, order, or requisition affecting the land or any building on the land previously issued by us (whether under the Building Act 1991 or any other Act);
- Information concerning any certificate issued by a building certifier pursuant to the Building Act 1991;
- Information relating to the use to which that land may be put and conditions attached to that use;
- Information which, in terms of any other Act, has been notified to us by any statutory organisation having the power to classify land or buildings for any purpose;
- Any information which has been notified to the territorial authority by any network utility operator pursuant to the Building Act 1991; and
- Where you cancel your LIM application before we have commenced work, we may pay you a refund of the cost of the LIM minus an administration fee of $25.00. If you wish to cancel your LIM application please contact us. Cancellations made once work commences are not eligible for a full refund.
- Subject to clause 12 of the General Terms of Trade, once the LIM is completed you will not be entitled to any refund.
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