Cadastral Survey (Fees) Amendment Regulations 2021

  • latest version but not yet in force

2021/276

Coat of Arms of New Zealand

Cadastral Survey (Fees) Amendment Regulations 2021

Patsy Reddy, Governor-General

Order in Council

At Wellington this 27th day of September 2021

Present:
Her Excellency the Governor-General in Council

These regulations are made under section 48 of the Cadastral Survey Act 2002 on the advice and with the consent of the Executive Council.

Regulations

1 Title

These regulations are the Cadastral Survey (Fees) Amendment Regulations 2021.

2 Commencement

These regulations come into force on 1 February 2022.

3 Principal regulations

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

4 New regulation 3A inserted (Transitional, savings, and related provisions)

After regulation 3, insert:

3A Transitional, savings, and related provisions

The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.

5 Regulation 4 amended (Fees)

(1)

In regulation 4(1), replace “the Schedule” with “Schedule 2”.

(2)

After regulation 4(4), insert:

(5)

The fees specified in Schedule 2 include components of both operational processing costs and costs of provision and maintenance of associated facilities, including electronic facilities.

6 New Schedule 1 inserted

Insert the Schedule 1 set out in Schedule 1 of these regulations as the first schedule to appear after the last regulation of the principal regulations.

7 Schedule replaced

Replace the Schedule with the Schedule 2 set out in Schedule 2 of these regulations.

Schedule 1 New Schedule 1 inserted

r 6

Schedule 1 Transitional, savings, and related provisions

r 3A

Part 1 Provisions relating to Cadastral Survey (Fees) Amendment Regulations 2021

1 Fee for cadastral survey dataset that places boundary mark and does not create parcel payable until 25 February 2022

The fee payable under these regulations immediately before 1 February 2022 for a cadastral survey dataset that places a boundary mark and does not create a parcel continues to be payable until 25 February 2022 as if the Cadastral Survey (Fees) Amendment Regulations 2021 had not been made.

Schedule 2 Schedule replaced

r 7

Schedule 2 Fees

r 4

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 parcels850
2Cadastral survey dataset without survey information (other than for a unit title development) that creates 1 or more parcels550
3Cadastral survey dataset without survey information for a unit title development310
4Cadastral survey dataset for a cross-lease230
5Cadastral survey dataset for a simple boundary reinstatement survey105
6Cadastral survey dataset for a complex boundary reinstatement survey850
7Cadastral survey dataset of survey information that does not place a boundary mark or create a parcelNo fee
8

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

100
9Each non-primary parcel (other than a parcel for a lease) not defined by permanent structure boundaries60
10Each non-primary parcel (other than a parcel for a cross-lease) defined by permanent structure boundaries75

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-compliance161 per hour or part of an hour

 Michael Webster,
Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 1 February 2022, amend the Cadastral Survey (Fees) Regulations 2003.

These regulations—

  • increase survey fees by 57% on average:

  • remove the fee for a cadastral survey dataset that is resubmitted after being requisitioned:

  • include an amendment that recognises that the fees specified in the regulations include components of both operational processing costs and costs of provision and maintenance of associated facilities, including electronic facilities:

  • link the fees for boundary reinstatements directly to the Cadastral Survey Rules 2021:

  • include a transitional and savings provision to continue the pre-1 February 2022 fee payable for a cadastral survey dataset that places a boundary mark and does not create a parcel until 25 February 2022.

Regulatory impact statement

Land Information New Zealand produced a regulatory impact statement on 2 June 2021 to help inform the decisions taken by the Government relating to the contents of this instrument.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 30 September 2021.

These regulations are administered by Land Information New Zealand.