Cadastral Survey (Fees) Regulations 2003

Reprint as at 1 January 2018

Coat of Arms of New Zealand

Cadastral Survey (Fees) Regulations 2003

(SR 2003/123)

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 26th day of May 2003

Present:
Her Excellency the Governor-General in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by Land Information New Zealand.

Pursuant to section 48 of the Cadastral Survey Act 2002, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title

These regulations are the Cadastral Survey (Fees) Regulations 2003.

2 Commencement

These regulations come into force on 1 July 2003.

3 Interpretation

(1)

In these regulations, unless the context requires another meaning,—

survey information means non-boundary marks and related vectors.

(2)

A term or expression that is defined in rules made under section 49 of the Act and used in these regulations, but not defined in the Act or these regulations, has the meaning given by the rules.

Regulation 3: substituted, on 1 July 2010, by regulation 4 of the Cadastral Survey (Fees) Amendment Regulations 2010 (SR 2010/109).

4 Fees

(1)

The fees specified in the Schedule are payable for—

(a)

determining under section 9(a) of the Act whether cadastral survey datasets and cadastral surveys comply with standards set under section 49 of the Act; and

(aa)

integrating new cadastral surveys into the cadastre under section 9(d) of the Act; and

(b)

auditing compliance with those standards where the standards provide for the production of records or information for the purposes of section 7(1)(j) of the Act.

(2)

The chief executive may permit a person to pay fees in accordance with a credit arrangement.

(3)

A party to a credit arrangement who fails to pay a fee in accordance with the arrangement is liable to pay interest on the fee—

(a)

calculated in accordance with Schedule 2 of the Interest on Money Claims Act 2016; and

(b)

from the date on which the fee should have been paid to the date on which it is paid.

(4)

If there is no credit arrangement, a fee in respect of a requested matter is payable before the request is met.

Regulation 4(1)(aa): inserted, on 1 July 2010, by regulation 5 of the Cadastral Survey (Fees) Amendment Regulations 2010 (SR 2010/109).

Regulation 4(3)(a): replaced, on 1 January 2018, by section 29 of the Interest on Money Claims Act 2016 (2016 No 51).

5 Refund or waiver of fees

The chief executive may authorise the refund or waiver of a fee, or part of a fee, payable under these regulations—

(a)

if the fee is payable during, and in relation to, the introduction of a new system or change to the system for processing matters in respect of which fees are payable under these regulations; or

(b)

if the cost of the work involved in a particular case is substantially lower than the fee payable in that case; or

(c)

to encourage the lodgement of digital cadastral survey datasets; or

(d)

to recognise any over-recovery of fees in previous financial years.

Regulation 5: amended, on 5 July 2004, by regulation 3(1) of the Cadastral Survey (Fees) Amendment Regulations 2004 (SR 2004/159).

Regulation 5(c): added, on 5 July 2004, by regulation 3(2) of the Cadastral Survey (Fees) Amendment Regulations 2004 (SR 2004/159).

Regulation 5(d): added, on 5 July 2004, by regulation 3(2) of the Cadastral Survey (Fees) Amendment Regulations 2004 (SR 2004/159).

6 Fees inclusive of GST

The fees prescribed or fixed by these regulations are inclusive of goods and services tax.

7 Revocation

The Cadastral Survey (Fees) Regulations 2002 (SR 2002/217) are revoked.

Schedule Fees

r 4

Schedule: substituted, on 1 July 2011, by regulation 4 of the Cadastral Survey (Fees) Amendment Regulations 2011 (SR 2011/184).

Part 1 Determining compliance with standards and integrating new cadastral surveys into cadastre

For determining compliance with standards and for integration into cadastre under section 9(a) and (d) of ActFee ($)
1Cadastral survey dataset with survey information (including for a unit title development) that creates 1 or more parcels492
2Cadastral survey dataset without survey information (other than for a unit title development) that creates 1 or more parcels223
3Cadastral survey dataset without survey information for a unit title development that creates 1 or more parcels197
4Cadastral survey dataset for a cross-lease156
5Cadastral survey dataset that places a boundary mark and does not create a parcel72
6Cadastral survey dataset of survey information that does not place a boundary mark or create a parcelNo fee
7

Each parcel that is—

(a)

a primary parcel (other than a balance or residue parcel); or

(b)

a parcel for a lease that is not defined by permanent structure boundaries

82
8

Each parcel that is—

(a)

a non-primary parcel (other than a parcel for a lease); and

(b)

not defined by permanent structure boundaries

36
9

Each parcel that is—

(a)

a non-primary parcel (other than a parcel for a cross-lease); and

(b)

defined by permanent structure boundaries

51
10Cadastral survey dataset that is resubmitted after being requisitioned119

Part 2 Auditing compliance with standards

Fee ($)
For subsequent auditing (under section 7(1)(j) of the Act) of compliance with standards set under section 49 of the Act after an initial audit has found non-compliance130 per hour or part of an hour

Martin Bell,
Acting for Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 29 May 2003.

Reprints notes
1 General

This is a reprint of the Cadastral Survey (Fees) Regulations 2003 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Interest on Money Claims Act 2016 (2016 No 51): section 29

Cadastral Survey (Fees) Amendment Regulations 2011 (SR 2011/184)

Cadastral Survey (Fees) Amendment Regulations 2010 (SR 2010/109)

Cadastral Survey (Fees) Amendment Regulations 2007 (SR 2007/218)

Cadastral Survey (Fees) Amendment Regulations 2004 (SR 2004/159)