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Land Information Memorandum Application Online
Terms of Trade | Delivery
Terms | Description
of Service | Refund
and Return TermsWelcome 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.
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
(a) the Hutt City Council's General Terms of
(b) the Delivery Terms;
Description of the Service to be provided; and
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
- 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
- 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
a. In the case of services, the supply of the services again or
the payment of the cost of having services supplied again; or
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
- 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
c. Your negligent acts, error or omissions; or
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
- 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
- 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
We will issue to you a LIM which contains the
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;
(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;
- 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
- 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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Hutt City is the operating name of The Hutt