Canterbury Property Boundaries and Related Matters Act 2016

9 Approved interim survey continues to determine boundaries

(1)

A cadastral survey continues to determine the boundaries of any land surveyed within greater Christchurch if the survey satisfies the following (an approved interim survey):

(a)

it was done in good faith and without negligence in the interim period; and

(b)

its cadastral survey dataset was determined to be compliant under section 9(a) of the Cadastral Survey Act 2002 in the interim period.

(2)

However, this Act does not remove any conflict between the following boundaries (a boundary conflict):

(a)

the boundaries determined by an approved interim survey; and

(b)

any boundaries as redefined by section 8 or as determined by another approved interim survey.

(3)

Subsection (1) does not prevent a boundary conflict from being resolved, and a boundary conflict between the boundaries that define land for the purposes of registration under the Land Transfer Act 2017 is to be treated as an error or unlawful alteration to the register for the purposes of—

(a)

section 21 of that Act, which gives the Registrar-General of Land a power to alter the register; and

(b)

sections 58 and 59 of that Act, which give a person who sustains certain losses a right to claim compensation from the Crown.

(4)

For the purpose of subsection (3), boundaries that define land for the purposes of registration under the Land Transfer Act 2017 means the boundaries shown on a plan deposited under section 224 of that Act or otherwise incorporated in the register kept under that Act.

Section 9(3): replaced, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 9(4): inserted, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).