Cadastral Survey Rules 2021
Cadastral Survey Rules 2021
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Cadastral Survey Rules 2021
Version as at 1 July 2024

Cadastral Survey Rules 2021
(LI 2021/95)
Note
The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.
Note 4 at the end of this version provides a list of the amendments included in it.
These rules are administered by Land Information New Zealand.
These rules are made by the Surveyor-General under section 49 of the Cadastral Survey Act 2002.
Contents
Rules
1 Title
These rules are the Cadastral Survey Rules 2021.
2 Commencement
These rules come into force on 30 August 2021.
Part 1 Preliminary provisions
3 Purpose of these rules
The purpose of these rules is to specify standards for the conduct of cadastral surveys and cadastral survey datasets.
4 Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.
5 Definitions are in dictionary in Schedule 2
The dictionary in Schedule 2 defines terms used in these rules.
Part 2 Duty of surveyor
6 Duty of surveyor when defining boundary by survey
When defining a boundary by survey, a cadastral surveyor must—
(a)
gather all evidence relevant to the definition of the boundary and its boundary points; and
(b)
interpret that evidence in accordance with all relevant enactments and rules of law; and
(c)
use that evidence to determine the correct position of the boundary and boundary points in relation to other boundaries and boundary points.
Compare: SR 2010/492 r 6.1
Part 3 Boundaries
Subpart 1—Form of boundaries
7 Right-line boundaries
A right-line boundary must follow the shortest distance between 2 boundary points.
Compare: SR 2010/492 r 2
8 Arc boundaries
An arc boundary must follow part of the circumference of a horizontal circle.
Compare: SR 2010/492 r 2
9 Irregular boundaries
(1)
An irregular boundary must follow an irregular line.
(2)
An irregular boundary must not be used unless expressly allowed by these rules.
(3)
An existing irregular boundary on a new primary parcel must be converted to 1 or more right-line boundaries unless it is—
(a)
accepted in accordance with rule 15; or
(b)
part of a new primary parcel that is—
(i)
over 20 ha and comprises more than 80% of the existing primary parcel being extinguished; or
(ii)
over 100 ha; or
(c)
a former water boundary.
Compare: SR 2010/492 rr 2, 6.6
10 Water boundaries
Boundary to follow landward margin
(1)
A water boundary must follow the landward margin of—
(a)
a river bed or a stream bed; or
(b)
a lake bed; or
(c)
a tidal area.
Accretion and erosion
(2)
If the margin of a water body has moved as a result of accretion or erosion,—
(a)
any erosion that affects the water boundary must be accounted for unless the boundary is accepted under rule 15; and
(b)
subject to paragraph (a), the boundary may be adopted in its previously defined position if entitlement to accretion is not being claimed.
Avulsion and artificial diversion/reclamation
(3)
If the margin of a water body has moved by processes other than accretion or erosion, the existing water boundary may be—
(a)
adopted and set in its previously defined position as an irregular boundary; or
(b)
converted to 1 or more right-line boundaries.
Compare: SR 2010/492 rr 2, 6.7
11 Water centre-line boundaries
(1)
A water centre-line boundary follows the line midway between the landward margins of a stream or river bed.
(2)
An existing irregular boundary that followed the centre-line of a water body may be adopted in its previously defined position as a water centre-line boundary.
(3)
A new boundary must not be a water centre-line boundary.
Compare: SR 2010/492 r 20.9(a), (c)
12 Height-limited boundaries
(1)
A height-limited boundary must define the upper or lower extent of a parcel.
(2)
The boundary must be—
(a)
a surface that is mathematically described, if at least 1 point has a reduced level; or
(b)
a surface of a water body or the bed of a water body.
Compare: SR 2010/492 rr 2, 6.8
Subpart 2—Quality of boundary definition
13 Boundaries and boundary points to be defined by survey
The following boundaries and boundary points must be defined by survey:
(a)
a new water boundary or irregular boundary:
(b)
a new boundary point:
(c)
an existing irregular boundary, water boundary, or water centre-line boundary that is being converted into 1 or more right-line boundaries:
(d)
an existing boundary or boundary point that is being marked or is required by rule 35(2) to be marked even if it is impracticable to mark.
Compare: SR 2010/492 r 6.2
14 Information that may be adopted
In these rules, information is adopted by incorporating in a CSD—
(a)
information from an approved CSD; or
(b)
in the absence of suitable CSD information, information from an estate record held by the tenure system manager; or
(c)
information from a CSD that was lodged only for recording purposes, if the information is verified as complying with these rules.
Compare: SR 2010/492 r 2
15 Acceptance of boundary
(1)
In these rules, a boundary is accepted if the boundary is adopted without having to comply with an accuracy standard.
(2)
An existing primary parcel boundary and its associated boundary points may be accepted if—
(a)
there is no risk of the boundary encroaching on another parcel; and
(b)
the boundary is part of a new primary parcel over 20 ha that comprises more than 80% of the existing primary parcel being extinguished; and
(c)
any 1 of the following applies:
(i)
the boundary is a right-line boundary that does not have a boundary bearing or a boundary distance in an approved CSD; or
(ii)
the boundary has a magnetic bearing and the reorientation of the bearing cannot be determined without measurement; or
(iii)
the boundary is part of the balance of a title that is to remain limited as to parcels or remain a Hawke’s Bay interim title and its boundary points do not meet the class C boundary accuracy stated in item (iii) of table 2 in rule 27(1); or
(iv)
the boundary is an existing water boundary or water centre-line boundary that is part of the balance of a title that is to remain limited as to parcels or remain a Hawke’s Bay interim title; or
(v)
the boundary is an existing irregular boundary.
(3)
An existing boundary and boundary points of a balance parcel or residue parcel that is not common with another new parcel on the survey may be accepted.
(4)
An existing boundary and its associated boundary points that are part of a new primary parcel over 100 ha and that are not in common with another new parcel on the survey that is 100 ha or less may be accepted.
Compare: SR 2010/492 rr 2, 6.3
Part 4 Field survey
Subpart 1—Datum
16 Horizontal datum: orientation
(1)
Every bearing in a cadastral survey that defines or marks a new primary parcel boundary point must be oriented in terms of an official projection applicable to the area (see Schedule 3).
(2)
However, subclause (1) does not apply if the survey does not make a new field measurement.
(3)
Every bearing in a cadastral survey must be expressed in terms of the same horizontal projection.
Compare: SR 2010/492 r 4.1
17 Horizontal datum: connection
(1)
A new boundary point, a new boundary mark, and an old boundary mark on a primary parcel being created must be connected by 1 or more vectors to—
(a)
a cadastral survey network mark (see Schedule 4) within 1,000 m, where one exists; or
(b)
any cadastral survey network mark, where one does not exist within 1,000 m.
(2)
The vectors required by subclause (1) must be adopted or measured.
Compare: SR 2010/492 r 4.2
18 Vertical datum
(1)
All reduced levels in a survey must be expressed in terms of a single official vertical datum (see Schedule 5).
(2)
If 1 or more vertical control marks (see Schedule 6) exist within 1,000 m of any new height-limited boundary point that is defined by a reduced level, at least 1 of those vertical control marks must be included in the survey.
(3)
If no vertical control mark exists within 1,000 m of any boundary point referred to in subclause (2), a vertical control mark at any distance must be included in the survey.
Compare: SR 2010/492 r 4.3
Subpart 2—Accuracy standards
19 Accuracy of non-boundary marks
(1)
The horizontal accuracy between any 2 new or old non-boundary marks must not exceed—
0.025 + (dist × 0.00005) m to a maximum of 0.20 m
where dist is the horizontal distance between the marks in metres.
(2)
The vertical accuracy between any 2 new or old non-boundary marks must not exceed—
0.030 + (dist × 0.0001) m to a maximum of 0.20 m
where dist is the slope distance between the marks in metres.
Compare: SR 2010/492 r 3.1
20 Accuracy of connection to control network
(1)
The horizontal accuracy between any adopted cadastral survey network mark and a new or an old non-boundary mark must not exceed—
0.025 + (dist × 0.00015) m to a maximum of 0.20 m
where dist is the horizontal distance between the marks in metres.
(2)
The vertical accuracy between any vertical control mark and a new height-limited boundary point must not exceed—
0.030 + (dist × 0.0001) m to a maximum of 0.20 m
where dist is the slope distance between the marks in metres.
Compare: SR 2010/492 r 3.1
21 Accuracy of boundary referencing
The accuracy between a boundary point required by these rules to be referenced and all old and new non-boundary marks within the distances specified in rule 32, 51(2), or 61(4) must not exceed the tolerance specified for the relevant class in table 1.
Table 1: Accuracy tolerances for boundary referencing
| Class of boundary point | Horizontal tolerance | Vertical tolerance |
|---|---|---|
| A | 0.03 m | 0.04 m |
| B | 0.20 m | 0.20 m |
| C | 0.60 m | 0.60 m |
| D | Not applicable | Not applicable |
Compare: SR 2010/492 r 3.6
22 Use of class A
(1)
Class A accuracies must be used for a boundary and its associated boundary points that are—
(a)
in or adjoining an urban area; or
(b)
intended as a result of a survey to be in an urban area.
(2)
Class A accuracies must be used for the boundary and the associated boundary points of any parcel that is not in an urban area, but is used, or is intended as a result of a survey to be used intensively, for commercial, industrial, or residential purposes.
(3)
Class A accuracies may be used in any other circumstances instead of class B or class C accuracies.
Compare: SR 2010/492 r 3.2.1
23 Use of class B
Compare: SR 2010/492 r 3.2.2
24 Use of class C
Class C accuracies may be used for an existing primary parcel boundary and its associated boundary points that are adopted if —
(a)
the boundary is part of a new primary parcel that is—
(i)
over 20 ha and comprises more than 80% of the existing primary parcel being extinguished; or
(ii)
over 100 ha; and
(b)
either—
(i)
its boundary points do not meet class B accuracy tolerances in rule 27; or
(ii)
the parcel is part of a title that is to remain limited as to parcels or remain a Hawke’s Bay interim title.
Compare: SR 2010/492 r 3.2.3
25 Use of class D
Class D must be used for a boundary and its associated boundary points that have been accepted under rule 15, except for—
(a)
a water boundary:
(b)
a water centre-line boundary:
(c)
an irregular boundary.
Rule 25: replaced, on 1 July 2024, by rule 4 of the Cadastral Survey Amendment Rules 2023 (SL 2023/287).
26 Class to be used where connected boundaries have different classes
The accuracy class that applies to a boundary point must be the most accurate class of the boundaries connected to that point.
Compare: SR 2010/492 r 3.2.5
27 Accuracy of boundary points
(1)
The horizontal and vertical accuracy between any boundary point and any other boundary point on a parcel under survey must not exceed the tolerance specified for the relevant class in table 2.
Table 2: Accuracy tolerances for boundary points
| Boundary class | Tolerance | |
|---|---|---|
| (i) | A | 0.06 + (dist × 0.00015) m |
| (ii) | B | 0.30 + (dist × 0.0006) m |
| (iii) | C | 1.00 + (dist × 0.003) m |
| (iv) | D | Not specified |
| dist for horizontal accuracy is the horizontal distance between the points in metres, and for vertical accuracy is the slope distance between the points in metres. | ||
(2)
If 2 boundary points have different accuracy classes, the less accurate tolerance applies between those 2 points.
(3)
The accuracy standards in subclause (1) also apply when reinstating a boundary.
(4)
The accuracy standards in subclause (1) also apply between the boundary points of a non-primary parcel and the boundary points of its underlying parcel if that underlying parcel is not created by the survey.
Compare: SR 2010/492 r 3.3.1
28 Accuracy must be sufficient to avoid overlap
The relationship between a new boundary and any other boundary, including a boundary that is accepted or adopted, must be determined to a sufficient level of accuracy to address the risk of incompatible rights overlapping.
Compare: SR 2010/492 r 3.3.2
29 Accuracy of water, water centre-line, and irregular boundaries
(1)
Accuracy classes do not apply to a water boundary, a water centre-line boundary, or an irregular boundary.
(2)
The position of a water boundary, a water centre-line boundary, or an irregular boundary, including an adopted boundary, must be determined to a sufficient level of accuracy to take into account—
(a)
the risk of overlap or ambiguity in boundaries, including a water boundary on the other side of the water body; and
(b)
any statutory requirement applying to the width or size of the related water bodies; and
(c)
the potential for the margin of the water body to move and for the water-related boundary to move or become permanent as a result of that movement; and
(d)
the nature of the physical feature that defines the water body margin; and
(e)
the value of the land and the intensity of the land use.
(3)
However, subclause (2) does not apply to accepted water boundaries, accepted water centre-line boundaries, or accepted irregular boundaries.
Compare: SR 2010/492 r 3.4
30 Accuracy of intersection of right-line boundary with water, water centre-line, or irregular boundary
If a right-line boundary intersects a water boundary, a water centre-line boundary, or an irregular boundary,—
(a)
the bearing must be defined to class A, B, or C accuracies (as appropriate); and
(b)
the distance must match the accuracy of the water boundary, water centre-line boundary, or irregular boundary as determined under rule 29(2) and must be class D.
Subpart 3—Reference marks
31 Boundary points must be referenced
The following points or marks on a cadastral survey must be referenced by a permanent reference mark:
(a)
a primary parcel boundary point (marked or unmarked) that is being defined by survey, other than a point on a water boundary, a water centre-line, or an irregular boundary:
(b)
every new or old boundary mark on the boundary of a parcel under survey:
(c)
a new height-limited primary parcel boundary point that is defined by a reduced level.
Compare: SR 2010/492 r 7.3.1
32 Number and distance of permanent reference marks
(1)
If a boundary point is required by these rules to be referenced, that boundary point must—
(a)
be within 150 m of a PRM if it is class A:
(b)
be within 500 m of a PRM if it is class B:
(c)
be within 1,000 m of a PRM if it is class C.
(2)
The survey must include at least 3 PRMs that are each within the applicable distance in subclause (1) of at least 1 boundary point that is required to be referenced.
Compare: SR 2010/492 r 7.3.2
33 Nature of permanent reference marks
(1)
A PRM must be likely to remain usable and not be disturbed in the foreseeable future, and accordingly be—
(a)
made of durable material; and
(b)
set in stable material; and
(c)
located in a suitable position.
(2)
An adopted mark must not be used as a PRM.
Compare: SR 2010/492 r 7.4.3
34 Reference marks for height-limited boundaries to have reduced levels
In the case of a height-limited boundary point that is required by these rules to be referenced, at least 2 of the PRMs required by rule 32 must have a reduced level.
Compare: SR 2010/492 r 7.4.3(d)
Subpart 4—Boundary marking
35 Boundaries must be marked
(1)
A new boundary point on a new primary parcel must be marked, if practicable, unless—
(a)
it is a boundary point that is only between new parcels that are all intended to remain in the same Crown or territorial authority ownership; or
(b)
the Māori Land Court does not require the boundary to be marked; or
(c)
it is a boundary point that is only between parcels that are required to be, or as a result of the survey will be required to be, held in common ownership; or
(d)
it is on a boundary where the parcels on each side of that boundary are required to be, or as a result of the survey will be required to be, subject to reciprocal rights of way; or
(e)
it is unlikely that it will need to be physically located in the foreseeable future because of the terrain, ground cover, or protected vegetation; or
(f)
it is a boundary point that results from an existing irregular boundary, water boundary, or water centre-line boundary that is being converted to a class B right-line boundary; or
(g)
it coincides with a water boundary or a water centre-line boundary.
(2)
The following boundary points on an existing boundary of a new primary parcel must be marked, if practicable:
(a)
a boundary point that is subject to conflict:
(b)
an existing boundary whose definition in an approved CSD is insufficient to enable its compliance with the applicable accuracy standard to be determined:
(c)
an existing boundary that is only defined on a diagram on transfer:
(d)
an existing boundary of a parcel whose limitation as to parcels is being uplifted:
(e)
an existing boundary of a parcel to support an application to make a Hawke’s Bay interim title conclusive:
(f)
an existing boundary of a parcel that is subject to a claim for adverse possession:
(g)
an existing boundary or boundary point that was created on a Māori land CSD that is annotated “computed plan – areas and boundaries not defined by survey”
:
(h)
a boundary point that was previously an unmarked non-primary parcel boundary point.
(3)
A boundary of a parcel that is to remain limited as to parcels must not be marked unless it is also part of a parcel that is required by subclause (2)(d) to be marked.
Compare: SR 2010/492 r 7.1
36 New boundary marks
(1)
A new boundary mark must be—
(a)
a wooden peg, chamfered at the top, with a minimum width of 45 mm and at least 3,000 mm² in cross-section; or
(b)
any other type of peg that is clearly labelled as a boundary mark; or
(c)
a post; or
(d)
a mark in a post that, if practicable, is clearly labelled as a boundary mark; or
(e)
if compliance with any of paragraphs (a) to (d) is impracticable, any other type of mark that, if practicable, is clearly labelled as a boundary mark.
(2)
A new boundary mark must be—
(a)
soundly anchored in place; and
(b)
readily visible, if practicable; and
(c)
placed on a boundary point.
Compare: SR 2010/492 r 7.2
37 Disturbed boundary marks and survey marks
(1)
A disturbed boundary mark may be removed or driven below the surface.
(2)
Subclause (1) is treated as prior written approval of the Surveyor-General under section 55(5) of the Act.
(3)
A disturbed boundary or non-boundary mark must be treated as a new survey mark at its new position.
Compare: SR 2010/492 rr 7.6, 20.1
Part 5 Parcels
Subpart 1—Form of boundary
38 Primary parcel boundaries
(1)
The horizontal extent of a primary parcel must be defined by—
(a)
a right-line boundary; or
(b)
an arc boundary; or
(c)
an irregular boundary; or
(d)
a water boundary; or
(e)
a water centre-line boundary.
(2)
The vertical extent of a primary parcel, where the vertical extent is limited, must be defined by a height-limited boundary.
Compare: SR 2010/492 r 6.5
Subpart 2—Parcel extents
39 Accounting for primary parcels
(1)
This rule applies if a CSD creates a new primary parcel.
(2)
All land in existing primary parcels being extinguished must be included in 1 or more new primary parcels, residue parcels, or balance parcels.
(3)
If the new primary parcel has a height-limited boundary, all space occupied by existing primary parcels being extinguished must be included in 1 or more new primary parcels, residue parcels, or balance parcels.
Compare: SR 2010/492 r 5.1
40 Width of parcels
(1)
A new primary parcel must be at least—
(a)
0.10 m wide if its boundaries are class A; or
(b)
0.20 m wide if its boundaries are class B, C, or D.
(2)
However, subclause (1) does not apply to an existing parcel that is already under-width, a balance parcel, or a residue parcel.
Compare: SR 2010/492 r 5.4
41 Parcel areas
(1)
An area must be assigned to a primary parcel unless it is a residue parcel or balance parcel, and the area must include the areas of all movable marginal strips in that primary parcel.
(2)
An area must be assigned to a parcel intended for a lease unless the parcel is defined by 1 or more permanent structure boundaries.
(3)
An area must be assigned to a portion of land being claimed as accretion, dry stream bed, or adverse possession.
(4)
If a parcel requires an area under this rule and its shape varies with height, the required area is the area of the polygon described by the extent of the parcel when vertically projected onto the horizontal plane.
(5)
An area assigned to a parcel—
(a)
must be correctly calculated from its boundary information; and
(b)
must be expressed in hectares; and
(c)
must not be less than 0.0001 ha; and
(d)
may be rounded to 1 part in 1,000 or 0.0001 ha, whichever is greater.
Compare: SR 2010/492 rr 5.3, 8.3.2(c)
Subpart 3—Parcel appellation
42 General land appellation
(1)
(2)
Appellations for the following parcels must have the prefix “Part”
:
(a)
a balance parcel:
(b)
a residue parcel, except a residue parcel to which subclause (4) applies.
(3)
An existing appellation for a proposed unit created under a former Act or former survey regulations must retain its appellation.
(4)
A residue parcel that is being defined as the bed of a lake, river, or part of the common marine and coastal area must not be given an appellation.
Compare: SR 2010/492 r 5.5.1
43 Parcel type components
The parcel type component of an appellation in rule 42(1)(a) must be as specified in table 3.
Table 3: Parcel type component of appellation
| Type of parcel | Parcel type component |
|---|---|
| Primary parcel in a Land Transfer CSD | “Lot” |
| – –with a height-limited boundary | “Height-Limited Lot” |
| Primary parcel in a Survey Office CSD | “Section” |
| —with a height-limited boundary | “Height-Limited Section” |
| Unit title development | As appropriate,— (a)
(b)
(c)
(d)
|
| Movable marginal strip parcel | “Marginal Strip” |
| Esplanade strip parcel | “Esplanade Strip” |
| Any other non-primary parcel | “Area” |
| —with a height-limited boundary | “Height-Limited Area” |
Compare: SR 2010/492 r 5.5.2
44 Māori land appellation
(1)
A new parcel of Māori freehold land in a CSD must be described using the following components in the order stated:
(a)
a block name:
(b)
a unique parcel identifier (see rule 45):
(c)
the CSD number.
(2)
However, an alternative legal description that has been confirmed by the Māori Land Court may be used for the components in subclause (1)(a) and (b).
Compare: SR 2010/492 r 5.5.3
45 Unique parcel identifier
A unique parcel identifier must meet the following requirements:
(a)
it must follow the format in table 4:
(b)
a number must be a positive integer:
(c)
a letter must be upper case:
(d)
the parcel identifier must be unique within the CSD, despite the parcel type.
Table 4: Unique parcel identifier format
| Parcel tenure type | Unique parcel identifier format |
|---|---|
| Lot | A number |
| Section | A number |
| Māori Block | A sequence of alternating letters and numbers |
| Unit as part of a unit title development | A number, a number followed by a letter, or a letter followed by a number |
| Common property as part of a unit title development | No identifier |
| Lease or licence | A number, or a number followed by a letter |
| Right associated with any other non-primary parcel, including a movable marginal strip or an esplanade strip | A letter, or a letter followed by another letter |
Compare: SR 2010/492 r 5.5.4
Part 6 Non-primary parcels
Subpart 1—Form of boundary
46 Non-primary parcel boundaries
(1)
The horizontal extent of a non-primary parcel must be defined by—
(a)
a right-line boundary; or
(b)
an arc boundary; or
(c)
a water boundary; or
(d)
a water centre-line boundary; or
(e)
an irregular boundary; or
(f)
a permanent structure boundary.
(2)
The vertical extent of a non-primary parcel, where the vertical extent is limited, must be defined by—
(a)
a height-limited boundary; or
(b)
a permanent structure boundary.
(3)
A non-primary parcel boundary must be in the same form as the underlying parcel boundary with which it coincides.
(4)
An irregular boundary must be used for the landward boundary of a movable marginal strip or esplanade strip that is not coincident with a right-line boundary.
(5)
A non-primary parcel boundary that coincides with the irregular landward boundary of a movable marginal strip or movable esplanade strip must also be irregular.
(6)
An existing irregular boundary on a non-primary parcel does not have to be converted to right-lines.
Compare: SR 2010/492 r 6.6
Subpart 2—Parcels
47 Non-primary parcels crossing boundaries
A non-primary parcel may cross a primary parcel boundary, but must not cross an estate boundary.
Compare: SR 2010/492 r 5.2
48 Surrendering part of easement or revoking part of covenant
If the underlying parcel is not being created by the survey and part of an existing easement or covenant parcel is to be extinguished, then both the part to remain and the part to be surrendered or revoked must be defined by new parcels.
Compare: SR 2010/492 r 5.1(b)
49 Centre-line easements
An existing centre-line easement must be represented as a polygon or polyhedron unless the width of the easement is unknown or accepted under rule 54.
Compare: SR 2010/492 r 9.6.3(c)
Subpart 3—Accuracy standards
50 Classes A and B for non-primary parcels
Compare: SR 2010/492 rr 3.2.1, 3.2.2
51 Classes A and B with inaccurate relationship to underlying parcel
(1)
If the underlying parcel is not being created by the survey, the relationship of a non-primary parcel boundary to the underlying primary parcel—
(a)
may be inaccurately determined if class B accuracies would normally apply:
(b)
must be inaccurately determined if none of the underlying parcel boundaries meet the applicable accuracy standard.
(2)
If subclause (1) or rule 110(3) has been applied,—
(a)
the intersecting non-primary boundaries must be class D and the coincident non-primary boundaries must be accepted; and
(b)
bearings must be oriented in terms of an official projection applicable to the area; and
(c)
the survey must be connected to a minimum of 2 nearby cadastral survey network marks; and
(d)
the cadastral survey network marks may be adopted; and
(e)
every class A non-primary parcel boundary point must be within 150 m of a PRM; and
(f)
every class B non-primary parcel boundary point must be within 500 m of a PRM; and
(g)
the survey must include at least 3 PRMs, each within the applicable distance of a boundary point in paragraph (e) or (f); and
(h)
every boundary point that is not class D must be connected by 1 or more vectors to at least 1 PRM.
(3)
If the underlying parcel is not being created by the survey and the relationship of a non-primary parcel to the underlying parcel is being accurately determined, a non-primary boundary that intersects an underlying parcel boundary may be class D and the coincident boundaries may be accepted.
(4)
If the underlying parcel is being created by the survey and the non-primary parcel intersects or coincides with an accepted boundary, the intersection must be class D and the coincident boundaries must be accepted.
(5)
Class D boundaries on an existing non-primary parcel must be upgraded to class A if the underlying primary parcel is being created with class A boundaries.
(6)
This rule does not apply if the non-primary parcel is for a unit or a lease.
Compare: SR 2010/492 rr 3.2.4(b), 17
52 Class C for non-primary parcels
(1)
Class C accuracies may be used for boundaries and associated boundary points of a non-primary parcel where that boundary intersects or coincides with a boundary of a new primary parcel that is—
(a)
over 20 ha and comprises more than 80% of the existing primary parcel being extinguished; or
(b)
over 100 ha.
(2)
Class C accuracies may be used for the boundaries and associated boundary points of a parcel that is for a covenant that would otherwise require class B accuracies.
(3)
Class C accuracies may be used for boundaries and associated boundary points of a new non-primary parcel for an easement if the underlying parcel or parcels are—
(a)
not being created by the survey; and
(b)
held in a single estate record with an area greater than 100 ha.
Compare: SR 2010/492 rr 3.2.3(b), 16
53 Class C with inaccurate relationship to underlying parcel
(1)
If class C accuracies have been used for easement and covenant parcel boundaries defined under rule 52(2) or (3), the relationship to the underlying primary parcel may be inaccurately determined.
(2)
In that case,—
(a)
the intersecting non-primary boundaries must be class D and the coincident non-primary boundaries must be accepted; and
(b)
bearings must be oriented in terms of an official projection applicable to the area; and
(c)
the survey must be connected to a minimum of 2 nearby cadastral survey network marks; and
(d)
the cadastral survey network marks may be adopted; and
(e)
every boundary point that is not class D must be connected by 1 or more vectors to a nearby cadastral survey network mark; and
(f)
the horizontal accuracy between every boundary point that is not class D and an adopted cadastral survey network mark must not exceed 0.60 m.
54 Acceptance of non-primary boundaries
An existing non-primary parcel boundary and its associated boundary points may be accepted if it is within a primary parcel over 100 ha that has accepted boundaries.
55 Accuracy and survey requirements where underlying parcel not created by survey
The decision tree set out below illustrates the different accuracy and survey requirements that can apply if the underlying parcel is not being created by the survey.
Subpart 4—Permanent structure boundaries
56 Permanent structure boundary
(1)
A permanent structure boundary may be used only for a parcel that is intended for—
(a)
a right under the Unit Titles Act 2010, if at least part of the permanent structure is on the same underlying parcel or parcels as the unit development, but may encroach onto an adjoining parcel; or
(b)
a lease where the lease boundary is located in relation to the permanent structure, if at least part of the permanent structure is on the same underlying parcel as that lease, but may encroach onto an adjoining parcel; or
(c)
a right over or appurtenant to a base right described in paragraph (a) or (b), if the right will expire before or at the same time as the base right, and at least part of the permanent structure is on the same underlying parcel as the base right; or
(d)
an easement or a covenant whose use is directly related to the permanent structure and the right is expected to become redundant if that permanent structure ceases to exist.
(2)
A permanent structure boundary must—
(a)
follow a described part of a permanent structure; or
(b)
be unambiguously defined in relation to points on the interior or exterior of a permanent structure.
Compare: SR 2010/492 r 6.9
57 Accuracy of permanent structure boundaries
(1)
The accuracy between the points on a permanent structure boundary and any other boundary must not exceed the applicable tolerances for boundary points specified in rule 27.
(2)
The relationship between all points on a permanent structure boundary and all points on the permanent structure must not exceed the applicable boundary referencing tolerances specified in rule 21.
Compare: SR 2010/492 r 3.5
Subpart 5—Existing unit and lease developments
58 Existing unit and lease boundaries may be accepted
(1)
This clause applies to unit title, company lease, and cross lease parcels.
(2)
The boundaries of an existing parcel may be accepted if—
(a)
that parcel was included in an approved CSD; and
(b)
no changes are being made to the parcel boundaries; and
(c)
no changes are being made to the record of title.
(3)
If subclause (2) has been applied, the existing parcel appellation must be retained.
(4)
The boundary of a new parcel may be accepted if it is common with an unchanged parcel that is not a future development unit.
Compare: SR 2010/492 r 19.1
59 CSD number for unit title development
A CSD for a unit title development that is to be deposited in substitution for a previously deposited CSD must retain the same CSD number.
Subpart 6—Height-limited boundaries
60 Vertical datum and vertical control mark
All new height-limited boundary points on a non-primary parcel must comply with the datum and vertical control mark requirements in rule 18, except as modified by rule 62.
61 Referencing height-limited boundary points
(1)
A new height-limited boundary point on a unit parcel must be referenced to a PRM.
(2)
A new height-limited boundary point on a parcel for an easement, a lease, or a covenant does not require a PRM.
(3)
A new height-limited boundary point that coincides with an accepted boundary does not require a PRM.
(4)
If a boundary point is required to be referenced, that boundary point must—
(a)
be within 150 m of a PRM if it is class A:
(b)
be within 500 m of a PRM if it is class B.
(5)
The survey must include a minimum of 2 PRMs with reduced levels that are each within the applicable distance in subclause (4) of at least 1 boundary point that is required to be referenced.
Compare: SR 2010/492 r 19.1(c)
62 Height-limited boundary points on existing unit developments
(1)
The reduced levels in a unit title development must be expressed in terms of the previously deposited CSD for the unit title development.
(2)
If an unofficial datum is used, a vertical control mark in accordance with rule 18(2) and (3) must be provided with a reduced level in terms of the unit title development.
Subpart 7—Non-primary parcel marking and reference marks
63 Boundary marks for non-primary parcels
A new boundary point on a non-primary parcel, including where it intersects a primary parcel boundary, is not required to be marked.
64 Reference marks where non-primary parcel marked
A new or an old mark on a class A or class B boundary point on a non-primary parcel must be referenced in accordance with rule 32.
Subpart 8—Non-primary parcels over water
65 Application
The rules in this subpart apply to non-primary parcels over any stream, river, lake, or common marine and coastal area, unless otherwise stated.
66 Class C for common marine and coastal area
A boundary and its associated boundary points of a non-primary parcel within the common marine and coastal area may be class C.
67 Accepting existing water boundaries
If a new non-primary water boundary coincides with an existing primary parcel water boundary, it may be accepted irrespective of its accuracy or its relationship to the current physical position of the water boundary.
68 Offsetting MHWS or MLWS
A new non-primary parcel water boundary at MHWS or MLWS may be offset from an accepted water boundary without determining the true relationship between the 2 boundaries.
69 Class and dimensions of intersecting boundaries
(1)
If a right-line boundary intersects an accepted water boundary,—
(a)
the bearing must be defined to class A, class B, or class C accuracies (as appropriate); and
(b)
the distance must match the accuracy of the water boundary as determined under rule 29(2) and must be class D.
(2)
If a right-line boundary intersects an offset water boundary (see rule 68),—
(a)
the bearing must be defined to class A, class B, or class C accuracies (as appropriate); but
(b)
no distance is required for that boundary.
70 Horizontal datum and connection
(1)
If a non-primary parcel is over the bed of a stream, river, or lake, the provisions in rule 51(2) apply.
(2)
If class C accuracies have been used for a non-primary parcel in the common marine and coastal area, the provisions in rule 53(2) apply.
Part 7 Cadastral survey datasets
Subpart 1—Generic CSD requirements
71 Content of CSD
A CSD must include—
(a)
a record of survey as specified in subpart 2; and
(b)
a title plan as specified in subpart 4 whenever a new parcel is created; and
(c)
a dataset description, including—
(i)
parcel appellations for all new primary parcels; and
(ii)
the survey purpose for land transfer CSDs; and
(iii)
the appellation of the land under survey for land transfer CSDs; and
(d)
a survey report in accordance with rule 72; and
(e)
all relevant field information, in a form that ensures permanent usability; and
(f)
an accurate record of the position of any new water boundary.
Compare: SR 2010/492 rr 8.1, 14
72 Information to be included in survey report
A survey report must contain the following information:
General information
(a)
the purpose for which the survey was conducted, including reference to the statutory provisions relevant to achieving that purpose where it is not otherwise clear:
(b)
an explanation of why a CSD for a Crown subdivision does not include a certificate under section 223 of the Resource Management Act 1991:
Bearings and levels
(c)
the basis for determining the orientation of bearings:
(d)
the basis for any bearing adjustment applied to an adopted bearing:
(e)
the basis for determining the origin of levels:
Definition information
(f)
details of any conflict and how it was resolved:
(g)
reasons for not relying on an old survey mark:
(h)
information about old survey marks searched for and not found, or destroyed, if the information cannot be recorded in the record of survey in accordance with rule 80(7):
(i)
reasons for, and details of, decisions made about an existing boundary defined by survey, and the information considered in reaching those decisions:
(j)
if a movable marginal strip is included in a CSD, a description of the method used to determine its existence:
(k)
information about the accuracy of the determination of any water boundary, water centre-line boundary, or irregular boundary, and the factors taken into account, as specified in rule 29(2):
(l)
any information as to why the physical margin of the water body is no longer coincident with an adopted water boundary for the purpose of rule 10:
Boundary marking
(m)
reasons why it was impracticable to mark any boundary point in terms of rule 35:
(n)
details to support an exemption from marking a boundary point under the provisions in rule 35(1)(a) to (e):
Equipment
(o)
a description of the type of equipment and methods used to ensure compliance with the accuracy standards in these rules:
Correspondence
(p)
reference to any prior correspondence with LINZ about issues relevant to the application of these rules to the CSD:
(q)
notification from the Māori Land Court of a non-standard appellation used under rule 44:
(r)
notification from the Māori Land Court to support a boundary marking exemption under rule 35(1)(b).
Compare: SR 2010/492 r 8.2
Rule 72(b): amended, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
73 Certification
A CSD must be certified and dated by the cadastral surveyor as follows:
“I [name], being a licensed cadastral surveyor, certify that—
(a)
this dataset provided by me and its related survey are accurate, correct, and in accordance with the Cadastral Survey Act 2002 and the Cadastral Survey Rules 2021; and
(b)
the survey was undertaken by me or under my personal direction.”
Compare: SR 2010/492 r 13
74 Units of measure for CSDs
(1)
A distance and a reduced level must be expressed in metres.
(2)
A bearing must be expressed in sexagesimal degrees, minutes, and seconds notation, clockwise from north.
(3)
A bearing, a distance, a reduced level, and an area must be recorded to sufficient significant figures to reflect the accuracy requirements in these rules.
(4)
A horizontal distance and area must be reduced to the ellipsoid used for the official geodetic datum as defined in Schedule 3.
Compare: SR 2010/492 r 8.3
75 Adopted information must match source
(1)
All adopted information, including accepted information other than the conversion of units of measure or the application of a bearing adjustment, must be copied from its source without change.
(2)
The source is—
(a)
the CSD that measured or calculated the value; or
(b)
for a water boundary, a water centre-line boundary, or an irregular boundary, the CSD that measured or defined that boundary.
Compare: SR 2010/492 r 8.4
Subpart 2—Record of survey
76 Record of survey
A record of survey must include—
(a)
a survey diagram as defined in subpart 3; and
(b)
a list of CSDs used and, if a CSD number is not unique, the land district of the CSD; and
(c)
if a field measurement has been made, the date on which the survey was completed; and
(d)
the identity of any parcel that is to be extinguished, including a parcel for a future development unit; and
(e)
the dataset description; and
(f)
on every sheet, the CSD number, the sheet number, and the total number of sheets; and
(g)
a statement of certification in accordance with rule 73.
Compare: SR 2010/492 r 9.1
77 Datum information
A record of survey must include,—
(a)
if a bearing is included, the official projection; and
(b)
if a reduced level is included, the vertical datum.
Compare: SR 2010/492 r 9.2
78 Vector information
A record of survey must include—
(a)
the source CSD number for each vector, distance, bearing, and arc that has been adopted; and
(b)
any bearing adjustments applied to each CSD from which a bearing is adopted; and
(c)
information indicating whether any bearing, distance, or arc has been calculated, measured, or adopted; and
(d)
for measured vectors, the type of equipment used.
Compare: SR 2010/492 r 9.3
79 Boundary information
A record of survey must include the accuracy class of a right-line boundary, an arc boundary, and a height-limited boundary that is mathematically described.
Compare: SR 2010/492 r 9.4
80 Survey mark information
(1)
A record of survey must include all survey marks and points used for the purposes of the cadastral survey, but does not have to include accepted boundary points.
(2)
New survey marks and points, and renewed, reinstated, or disturbed survey marks, must be given a unique name that consists of the following components in the following order:
(a)
an abbreviation that describes the physical mark type, or “UNMK”
if there is no mark:
(b)
a unique alpha-numeric identifier:
(c)
the CSD number.
(3)
An existing survey mark with a name that is not unique may be made unique within the CSD by adding a unique numeric identifier within round brackets before the CSD number.
(4)
An undisturbed old mark, removed mark, adopted mark, or point with a unique name must retain that name.
(5)
A record of survey must indicate whether a survey mark is disturbed, renewed, or removed.
(6)
A record of survey must identify a boundary point that is impracticable to mark in terms of rule 35.
(7)
A record of survey must identify whether a survey mark is searched for and not found, or destroyed, but, if that information cannot be recorded in the record of survey, it must be included in the survey report in accordance with rule 72(h).
(8)
For any PRM, the record of survey must describe the relationship to ground level and its situation, for example, on a berm, carriageway, kerb, or footpath.
Compare: SR 2010/492 rr 7.5, 9.1(b), 9.6.2
81 Information about occupation and physical features
(1)
In this rule, occupation means the physical features that describe the extent of an occupier’s use of land.
(2)
A record of survey must include the following occupation information in graphic form:
(a)
the nature of the physical feature; and
(b)
the age of the physical feature; and
(c)
the relationship, by vector, distance, or description, between the occupation and the boundary or boundary position.
(3)
Occupation information must be provided in relation to—
(a)
each new primary parcel boundary point; and
(b)
each existing boundary point that is being marked, or is required by rule 35(2) or 109(1) to be marked, and each related boundary line.
(4)
If subclause (3) applies and there is no occupation, a “No Occupation”
annotation must be recorded against that boundary point and related boundary lines.
Compare: SR 2010/492 r 9.5
Subpart 3—Survey diagram
82 Depicting survey mark information
A survey diagram must include—
(a)
a depiction of all marks and points used for the purposes of the cadastral survey; and
(b)
a depiction of the components of a mark name consisting of—
(i)
an abbreviation that describes the physical mark type of all new and old marks, except pegs and posts; and
(ii)
the identifier of all marks and points; and
(iii)
the CSD number of all old and adopted marks and points; and
(c)
the former name of a renewed, disturbed, or removed survey mark and whether it is renewed, disturbed, or removed; and
(d)
Compare: SR 2010/492 r 9.6.2
83 Parcel information
A survey diagram must—
(a)
depict the horizontal extent and (if applicable) the vertical extent of the parcels included in the CSD, including all residue parcels, but not balance parcels:
(b)
represent a parcel as a polygon or polyhedron, unless it is permitted to be retained as a centre-line in terms of rule 49:
(c)
depict the appellation of each new parcel, which may be abbreviated if it is unique:
(d)
depict the relationships between a parcel and its boundaries and boundary points in the horizontal extent, and (if applicable) in the vertical extent:
(e)
depict the spatial relationship between—
(i)
all primary parcel boundaries on the survey, including those with a height-limited boundary; and
(ii)
the boundaries of a non-primary parcel and sufficient boundaries of its underlying parcel so that its location within the underlying parcel is clear and unambiguous.
Compare: SR 2010/492 r 9.6.3
84 Parcel information for movable marginal strip
A movable marginal strip that is included in the CSD must be depicted on a survey diagram as being contained within its underlying primary parcel.
Compare: SR 2010/492 r 9.6.6
85 Water, water centre-line, and irregular boundaries
A survey diagram must depict a water boundary, a water centre-line boundary, or an irregular boundary at a scale that—
(a)
clearly shows its shape and relationship to other boundaries; and
(b)
meets the accuracy required by rule 29(2).
Compare: SR 2010/492 r 9.6.8
86 Height-limited boundaries
For a height-limited boundary that is mathematically described, a survey diagram must show sufficient information to enable the relationship between any position on the height-limited boundary surface and any other boundary to be accurately ascertained.
Compare: SR 2010/492 r 9.6.10
87 Parcel annotations
A survey diagram must depict the annotations set out in table 5, clearly related to the relevant parcels.
Table 5: Parcel annotations for survey diagrams
| Parcel | Annotation |
|---|---|
| Any road, railway, or water body that abuts a new parcel | The name or (if no name is available) a simple description of the road, railway, or water body |
| Land that has been eroded | “Erosion” |
| Land that is claimed as accretion | “Accretion” |
| Land that is claimed as dry stream bed | “Dry bed” |
| A balance parcel that is a fixed marginal strip | “Fixed marginal strip” |
Compare: SR 2010/492 r 9.6.3(h)
88 Boundary annotations
A survey diagram must depict the annotations set out in table 6, clearly related to the relevant boundaries.
Table 6: Boundary annotations for survey diagrams
| Boundary | Annotation |
|---|---|
| Class D boundaries | “Class D” |
| Water centre-line boundary | “Boundary follows centre-line of stream/river” |
| Water boundary defined by a physical feature | [Description of physical feature] |
| An adopted permanent structure boundary, a water boundary, a water centre-line boundary, or an irregular boundary | “Adpt [CSD number]” |
| An accepted permanent structure boundary, a water boundary, a water centre-line boundary, or an irregular boundary | “Boundary accepted from [CSD number]” |
Compare: SR 2010/492 rr 9.4, 9.6.12
89 Vectors
A survey diagram must include—
(a)
at least 1 measured vector to every new or old survey mark; and
(b)
measured vectors to at least 2 other non-boundary marks for every new non-boundary mark that is not disturbed; and
(c)
measured vectors between each new or old boundary mark and a PRM; and
(d)
the adopted or calculated vectors used for the purpose of boundary definition; and
(e)
at least 1 vector to each end point of a water boundary, a water centre-line boundary, or an irregular boundary, which may be a boundary vector; and
(f)
any vectors required by these rules to connect the survey to cadastral survey network marks; and
(g)
for non-primary parcels,—
(i)
at least 2 points on every non-primary parcel that are connected to a minimum of 2 underlying primary parcel points either through being coincident or by vectors; but
(ii)
subparagraph (i) does not apply if the relationship to the underlying parcel is being inaccurately determined as permitted by these rules.
Compare: SR 2010/492 r 9.6.13
90 Diagram symbols, line styles, and text
Information on a survey diagram must conform to the symbol, line style, and text requirements specified in Schedule 7.
Compare: SR 2010/492 r 12.1(a)
91 Presentation of information on survey diagram
On a survey diagram,—
(a)
all information must be clear and unambiguous; and
(b)
all information must be legible when printed at A3 size; and
(c)
a north point must be shown on every sheet.
Compare: SR 2010/492 r 9.6.15
Subpart 4—Title plan
92 Title plan information
A title plan must include—
(a)
a title diagram as defined in subpart 5; and
(b)
the name of the territorial authority; and
(c)
the name of the certifying cadastral surveyor and the survey firm; and
(d)
the date on which the CSD was certified; and
(e)
on every sheet, the CSD number, the sheet number, and the total number of sheets; and
(f)
the parcel intent for a new parcel; and
(g)
the identity of each underlying parcel; and
(h)
details of any easement to be surrendered and covenant to be revoked, including the creating document reference for each; and
(i)
the estate record references for the land under survey; and
(j)
the dataset description.
Compare: SR 2010/492 r 10.1
93 New easement information
(1)
A title plan must include—
(a)
a memorandum containing information about a new easement if the easement is required by a territorial authority; or
(b)
a schedule containing information about a new easement if the easement is not a requirement of a territorial authority.
(2)
The memorandum or schedule must be in tabular form and must include—
(a)
the heading “Memorandum of Easements”
or “Schedule of Easements”
as appropriate; and
(b)
the easement parcel identifier; and
(c)
the purpose of the easement; and
(d)
the burdened land (servient tenement); and
(e)
the benefited land (dominant tenement) or grantee, as appropriate.
Compare: SR 2010/492 r 10.2.1
94 Existing easement information
(1)
A title plan must include information about every existing subject easement that is to be retained (whether in part or whole) and, in the case of a unit title development, every existing appurtenant easement that is to be retained.
(2)
The easement information must be provided in tabular form and must include—
(a)
the heading “Schedule of Existing Easements”
; and
(b)
the easement parcel identifier; and
(c)
the purpose of the easement; and
(d)
the creating document reference; and
(e)
the burdened land (servient tenement).
Compare: SR 2010/492 r 10.2.2
95 Covenant information
(1)
A title plan must include a notation for a new covenant or an existing covenant defined on an approved CSD that is to be retained (whether in part or whole).
(2)
The notation must include—
(a)
the covenant parcel identifier; and
(b)
the parcel intent; and
(c)
in the case of an existing covenant, the creating document reference.
Compare: SR 2010/492 r 10.3
96 Area schedule
(1)
A title plan for legalisation purposes must include an area schedule.
(2)
The area schedule must be in tabular form and must include—
(a)
the heading “Schedule of Areas”
; and
(b)
each parcel type and identifier; and
(c)
the intended action for all areas, for example land to be taken or acquired, severances, and road to be stopped; and
(d)
the current appellation of each parcel or, in the case of road to be stopped, the appellation of the adjoining parcel; and
(e)
the estate record reference; and
(f)
the area of each primary and lease parcel.
Subpart 5—Title diagram
97 Parcel information
(1)
A title diagram—
(a)
must depict the horizontal extent and (if applicable) the vertical extent of the parcels included in the CSD, including all residue parcels; but
(b)
is not required to include any balance parcel.
(2)
A parcel on a title diagram must be represented as a polygon or polyhedron, unless rule 49 allows it to be represented as a centre-line.
(3)
A parcel on a title diagram must be depicted in its entirety on at least 1 sheet drawn to scale with—
(a)
its boundaries; and
(b)
its appellation, which may be abbreviated if it is unique; and
(c)
in the case of a non-primary parcel, the appellation of the underlying parcels, which may be abbreviated if it is unique; and
(d)
an area if required by rule 41, but an area must not be shown for a movable marginal strip.
(4)
A title diagram must depict the spatial relationship between each non-primary parcel and its underlying parcels.
(5)
A title diagram must depict a new non-primary parcel for an existing interest that is intended to be retained.
(6)
However, a title diagram does not need to depict a non-primary parcel representing an existing—
(a)
lease; or
(b)
easement in a cross lease development; or
(c)
interest that is not defined in an approved CSD.
(7)
A title diagram must depict an existing estate boundary where it passes through any new primary parcel, clearly annotated with the estate record references.
(8)
A title diagram must depict any territorial authority boundary that passes through a parcel, clearly annotated with the names of the relevant territorial authorities.
Compare: SR 2010/492 r 10.4.2(a)–(f)
98 Parcel information for unit title or cross lease development
(1)
A title diagram for a unit title or cross lease development must clearly depict the spatial relationship between—
(a)
a non-primary parcel and the estate boundary; and
(b)
units or leases, and other non-primary parcels.
(2)
A title diagram must depict an existing estate boundary for a redeveloped unit, clearly annotated with the estate record references.
(3)
If a boundary of an existing unit or lease parcel is accepted under rule 58, the title diagram must depict those boundaries and their relationships to other boundaries and structures in the same manner as on the source CSD.
Compare: SR 2010/492 rr 10.4.3, 19.2
99 Parcel information for movable marginal strip
A movable marginal strip that is included in the CSD must be depicted on a title diagram as being contained within its underlying primary parcel.
Compare: SR 2010/492 r 10.4.4
100 Water, water centre-line, and irregular boundaries
A title diagram must depict a water boundary, water centre-line boundary, or irregular boundary at a scale that clearly shows its shape and relationship to other boundaries of the parcel.
Compare: SR 2010/492 rr 10.4.5, 10.4.6
101 Permanent structure boundaries
A title diagram must—
(a)
depict a permanent structure boundary at a scale that clearly shows the shape and location of the boundary in relation to other boundaries in the CSD; and
(b)
depict the permanent structure and its spatial relationship to the permanent structure boundary, including any parts that extend beyond the boundary; and
(c)
include a description of a permanent structure from which the permanent structure boundary is located by reference; and
(d)
show sufficient information to accurately define the relationship of a permanent structure boundary to any underlying parcel boundary that is within 1 m; and
(e)
if a permanent structure boundary is not coincident with a permanent structure, show sufficient information to enable any point on the boundary to be accurately ascertained in relation to the permanent structure.
Compare: SR 2010/492 rr 3.5, 10.4.7
102 Height-limited boundaries
A title diagram must depict a height-limited boundary at a scale that clearly shows the shape and location of the boundary, including vertically, in relation to other boundaries of the parcel.
103 Parcel annotations
A title diagram must prominently depict the annotations set out in table 7, as appropriate and clearly related to the relevant parcels.
Table 7: Parcel annotations for title diagrams
| Parcel | Annotation |
|---|---|
| Existing centre-line easement of unknown width | “Width unknown” |
| Parcel area derived from accepted boundaries | “Area not determined by survey” |
| Land in a parcel intended to remain in a title limited as to parcels | “Limited as to parcels” |
| Land in a parcel intended to remain in a Hawke’s Bay interim title | “Hawke’s Bay interim title” |
| Land in a parcel intended for disposal by the Crown, or land already subject to Part 4A of the Conservation Act 1987 | “Subject to Part 4A Conservation Act 1987” |
| A movable marginal strip or esplanade strip | [Width of strip] |
| An existing non-primary parcel already defined in an approved CSD in terms of rule 105(2)(a) | “Parcel adopted from [CSD number]” |
| A parcel required to vest or other matters required by law | [Suitable notation] (for example, “road to vest in [ ] District Council”) |
| Any road, railway, or water body that abuts a new parcel | The name or (if no name is available) a simple description of the road, railway, or water body |
| Land that has been eroded | “Erosion” |
| Land being claimed as accretion | “Accretion” |
| Land being claimed as dry stream bed | “Dry bed” |
| A balance parcel that is a fixed marginal strip | “Marginal strip” |
Compare: SR 2010/492 r 10.4.8
104 Boundary annotations
A title diagram must prominently depict the annotations set out in table 8, as appropriate and clearly related to the relevant boundaries.
Table 8: Boundary annotations for title diagrams
| Boundary | Annotation |
|---|---|
| An accepted boundary | “Boundary accepted from [CSD number]” |
| Class D non-primary parcel boundaries, unless accepted | “Boundary not defined by survey” |
| Water centre-line boundary | “Boundary follows centre-line of stream/river” |
| Water boundary, including where it is a height-limited boundary | [Description of legal water boundary] |
| An adopted water boundary that has become an irregular boundary under rule 10(3)(a) | “Former water boundary not coincident with water’s edge” |
| An adopted water boundary where accretion is not being claimed under rule 10(2)(b) |
“Adopted boundary not coincident with water’s edge” |
| New boundary angles created due to fault zone movement | “Boundary includes new angles due to fault zone movement” |
| Boundary accepted in areas of ground movement in terms of rules 109(1), (4), and (5) and 110(5) | “Boundary not surveyed since ground movement” |
Compare: SR 2010/492 r 10.4.8
105 Boundary dimensions
(1)
A title diagram must show—
(a)
a bearing and distance for every right-line boundary, together with the related boundary points; and
(b)
the chord bearing, arc distance, and radius for an arc boundary, together with the boundary points related to that distance.
(2)
However, subclause (1) does not apply to—
(a)
an existing non-primary parcel boundary already defined in an approved CSD; or
(b)
a boundary that is accepted in accordance with these rules; or
(c)
an inaccurately determined boundary that coincides with the underlying parcel boundary.
Compare: SR 2010/492 r 10.4.9
106 Diagram symbols, line styles, and text
Information on a title diagram must conform to the symbol, line style, and text requirements specified in Schedule 7.
Compare: SR 2010/492 r 12.1
107 Presentation of information on title diagram
On a title diagram,—
(a)
all information must be clear and unambiguous; and
(b)
all information must be legible when printed at A4 size; and
(c)
a north point must be shown on every sheet.
Compare: SR 2010/492 r 10.4.10
Part 8 Ground movement
Subpart 1—Preliminary provisions
108 Interpretation
In this Part, unless the context otherwise requires,—
affected boundary means a boundary—
(a)
where ground movement has distorted the land in excess of the relevant accuracy tolerances; and
(b)
that has not been subsequently defined by survey and recorded in an approved CSD
Canterbury earthquake movement means the movement of land as defined by section 8(2) of the Canterbury Property Boundaries and Related Matters Act 2016
fault zone movement means movement on a fault caused by the deformation of bedrock.
Compare: SR 2010/492 r 20.1
Subpart 2—Parcel boundaries subject to ground movement
109 Re-establishing boundaries affected by ground movement
(1)
All affected primary parcel boundaries must be defined by survey and marked, if practicable, unless they can be accepted under rule 15.
(2)
A boundary affected by fault zone movement must reflect that distortion and may include the creation of new boundary angles.
(3)
Boundaries being defined by survey in greater Christchurch must take into account Canterbury earthquake movement.
(4)
If an affected water boundary is to be retained in its former position under rule 10(2) or (3), the boundary must be accepted.
(5)
If an affected water centre-line boundary is to be retained in its former position under rule 11(2), the boundary must be accepted.
Compare: SR 2010/492 rr 18.1, 20.4(a)
110 Defining non-primary parcel boundaries
(1)
This rule applies if the underlying parcel is not being created by the survey.
(2)
An underlying parcel boundary affected by Canterbury earthquake movement with class A or class B boundaries must be defined by survey and marked, if practicable, if a new non-primary parcel boundary coincides with or intersects it.
(3)
If the underlying parcel boundaries are affected by movement other than Canterbury earthquake movement, the non-primary parcel boundaries may be inaccurately determined and the requirements in rule 51(2) apply.
(4)
For a new unit title or cross lease development, a new underlying parcel must be created before a new record of title is issued if—
(a)
any underlying parcel boundaries are affected; or
(b)
redefinition of an affected boundary on the underlying parcel has not already been recorded in the relevant tenure system.
(5)
For an existing unit title development where a record of title for an existing unit is being retained, an underlying affected boundary that is not coincident with or intersected by a new non-primary parcel boundary may be accepted.
Compare: SR 2010/492 r 20.6(a)–(d), (f)
111 Redefinition of underlying parcel boundaries in greater Christchurch
(1)
A CSD that includes a new non-primary parcel, but not a new underlying parcel, may record the redefinition of a coincident or intersected underlying parcel boundary only if—
(a)
the underlying parcel boundary has moved due to Canterbury earthquake movement; and
(b)
the redefinition of all of the boundaries of the underlying parcel is not being recorded in that tenure system.
(2)
If a CSD records a redefinition of an underlying parcel boundary under subclause (1), the title diagram must—
(a)
depict the appellation of the underlying parcel; and
(b)
depict all redefined underlying boundaries; and
(c)
depict the relationship between a redefined boundary and other underlying parcel boundaries; and
(d)
annotate a redefined boundary with “Redefined boundary of [underlying parcel appellation]”
; and
(e)
include, at the end of the dataset description, the words “and partial redefinition of [underlying parcel appellation]”
.
Compare: SR 2010/492 r 20.6(d)
Part 9 Boundary reinstatements
Subpart 1—Preliminary provisions
112 Interpretation
In this Part, unless the context otherwise requires, boundary reinstatement survey means a survey that places 1 or more boundary marks on a boundary point or line already defined in an approved CSD and does not create a new parcel.
Compare: SR 2010/492 r 2
Subpart 2—General requirements
113 CSD must be lodged for boundary marking
A CSD that complies with these rules must be lodged within 6 months after the placement of a boundary mark on a boundary reinstatement survey.
Compare: SR 2010/492 r 8.5
Subpart 3—Complex boundary reinstatements
114 Complex boundary reinstatements and restrictions
(1)
A boundary reinstatement survey must not be used if the boundary point being reinstated is—
(a)
on an existing water boundary, water centre-line boundary, or irregular boundary; or
(b)
on a boundary of land held in a record of title that is limited as to parcels; or
(c)
on a Māori land CSD that is annotated “computed plan – areas and boundaries not defined by survey”
.
(2)
A complex boundary reinstatement survey must be used for the reinstatement if the boundary point is—
(a)
subject to conflict; or
(b)
on an affected boundary as defined in rule 108; or
(c)
insufficiently defined in an approved CSD to enable compliance with the applicable accuracy standard to be determined; or
(d)
defined on a diagram on transfer.
(3)
A complex boundary reinstatement survey must comply with rules 16 and 18 to 37 and its CSD must comply with rules 71 to 91.
(4)
All other boundary reinstatement surveys may be recorded on a simple boundary reinstatement CSD as specified in subparts 4 and 5.
(5)
The decision tree set out below illustrates where complex and simple boundary reinstatement surveys can be used, along with their specific requirements.
Subpart 4—Simple boundary reinstatements: field survey
115 Horizontal datum: orientation
(1)
A bearing in a simple boundary reinstatement survey does not have to be oriented in terms of an official projection applicable to the area.
(2)
Every bearing in a boundary reinstatement CSD must be expressed in terms of the same horizontal projection.
Compare: SR 2010/492 r 4.1(b), (c)
116 Reference marks
A simple boundary reinstatement survey is not required to connect to a permanent reference mark.
Subpart 5—Simple boundary reinstatement CSD
117 Content of simple boundary reinstatement CSD
A simple boundary reinstatement CSD must include—
(a)
a record of survey in accordance with rule 119; and
(b)
a dataset description that includes—
(i)
the survey purpose; and
(ii)
the appellation of the parcel whose boundary is being reinstated; and
(c)
a survey report in accordance with rule 118; and
(d)
all relevant field information, in a form that ensures permanent usability.
118 Survey report
The survey report must state—
(a)
the basis for determining the orientation of bearings; and
(b)
the basis for any bearing adjustment applied to an adopted bearing; and
(c)
reasons for, and details of, decisions made about an existing boundary point defined by survey, and the information considered in reaching those decisions.
119 Record of survey
A record of survey for a simple boundary reinstatement survey must include—
(a)
a reinstatement diagram in accordance with rule 120; and
(b)
a list of CSDs used and, if a CSD number is not unique, the land district of the CSD; and
(c)
the date on which the survey was completed; and
(d)
datum information in accordance with rule 77; and
(e)
vector information in accordance with rule 78; and
(f)
the accuracy class of each boundary; and
(g)
survey mark and point information in accordance with rule 80; and
(h)
occupation information in accordance with rule 81; and
(i)
at least 1 measured vector to every new or old survey mark; and
(j)
measured vectors to at least 2 other non-boundary marks for every new non-boundary mark; and
(k)
the adopted or calculated vectors used for the purpose of boundary definition; and
(l)
the dataset description; and
(m)
a statement of certification in accordance with rule 73.
120 Reinstatement diagram
A reinstatement diagram for a simple boundary reinstatement CSD must include—
(a)
a depiction of all old and new survey marks and their unique names (which may be in abbreviated form); and
(b)
a depiction of all measured vectors between all old and new survey marks, but is not required to show the bearings and distances; and
(c)
a depiction of the primary parcel boundaries being reinstated; and
(d)
the appellation of the parcel whose boundary is being reinstated; and
(e)
the name or (if no name is available) a simple description of any road, railway, or water body that abuts the boundaries being reinstated; and
(f)
a north point.
121 Diagram symbols, line styles, and text
Information on a reinstatement diagram must conform to the symbol, line style, and text requirements specified in Schedule 7.
Part 10 Revocation
122 Revocation
The Rules for Cadastral Survey 2010 (SR 2010/492) are revoked.
Schedule 1 Transitional, savings, and related provisions
Part 1 Provisions relating to these rules as enacted
1 Existing surveys may be completed under Rules for Cadastral Survey 2010
A survey started before the date of commencement of these rules may be completed under the Rules for Cadastral Survey 2010, as long as the CSD is lodged before 25 February 2022.
Schedule 2 Dictionary
In these rules, unless the context otherwise requires,—
accepted has the meaning given to it by rule 15
Act means the Cadastral Survey Act 2002
adopt has the meaning given to it by rule 14
affected boundary has the meaning given to it by rule 108
approved CSD—
(a)
means a CSD determined by the chief executive under section 9 of the Act to comply with these rules; and
(b)
includes a CSD approved under former Acts and regulations; but
(c)
does not include a CSD lodged only for recording purposes
balance parcel means the portion of 1 of the following primary parcels that is intended to remain after a part has been removed by survey:
(a)
a railway parcel that is not in a record of title:
(b)
a road parcel:
(c)
a fixed marginal strip parcel:
(d)
the bed of a lake, river, stream, or the sea:
(e)
an access way or service lane that is not in a record of title
boundary mark means a cadastral survey mark positioned at a boundary point
boundary point means a point on a parcel boundary, whether marked or unmarked
cadastral survey dataset has the same meaning as in section 4 of the Act
cadastral survey network mark means a survey mark as specified in Schedule 4
cadastre has the same meaning as in section 4 of the Act
Canterbury earthquake movement has the meaning given to it by rule 108
centre-line easement means an easement that is spatially represented by 1 or more lines along its centre
chief executive has the same meaning as in section 4 of the Act
common marine and coastal area has the same meaning as in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011
company lease has the same meaning as in section 2(1) of the Resource Management Act 1991
conflict means that—
(a)
there is a difference that exceeds the applicable accuracy standards—
(i)
between the estate boundary and the boundary recorded in an approved CSD; or
(ii)
between the same boundary as recorded in different approved CSDs; or
(iii)
between the same boundary as recorded in an approved CSD and other evidence, including field evidence; and
(b)
the difference has not been resolved by 1 or more approved CSDs
cross lease has the same meaning as in section 2(1) of the Resource Management Act 1991
CSD means cadastral survey dataset
CSD number means the CSD type and identifier
deposited means deposited with the Registrar under the Land Transfer Act 2017
disturbed survey mark means an old survey mark that is in a different position from where it was originally placed, but does not include a change of position due to Canterbury earthquake movement or fault zone movement
esplanade strip has the same meaning as in section 2(1) of the Resource Management Act 1991
estate boundary means the boundary of an estate recorded in a tenure system for—
(a)
a fee simple estate; or
(b)
Māori freehold land; or
(c)
Māori customary land; or
(d)
land of the Crown; or
(e)
a stratum estate; or
(f)
a leasehold estate
extinguished, in relation to an existing parcel, means intended to no longer be available for the assignment of rights
fault zone movement has the meaning given to it by rule 108
fixed marginal strip means a marginal strip under section 24(3) of the Conservation Act 1987
Hawke’s Bay interim title means a record of title issued under section 6 or 8 of the Land Transfer (Hawke’s Bay) Act 1931
inaccurately determined means the relationship between the non-primary parcel boundary and the underlying parcel is not accurately defined
Māori customary land has the same meaning as in section 4 of Te Ture Whenua Māori Act 1993
Māori freehold land has the same meaning as in section 4 of Te Ture Whenua Māori Act 1993
marginal strip has the same meaning as in section 2(1) of the Conservation Act 1987
MHWS means mean high-water springs
MLWS means mean low-water springs
movable marginal strip means a marginal strip as defined in section 2(1) of the Conservation Act 1987, except a fixed marginal strip created under section 24(3) of that Act
non-boundary mark means a survey mark that is not on a boundary point
non-primary parcel—
(a)
means any parcel that is not a primary parcel; and
(b)
includes—
(i)
an easement, including an esplanade strip or an access strip:
(ii)
a covenant:
(iii)
a lease or an area associated with a lease:
(iv)
a licence or a permit area:
(v)
a unit or common property for the purposes of the Unit Titles Act 2010:
(vi)
a movable marginal strip:
(vii)
a roadway or a restricted roadway that is an encumbrance over a primary parcel:
(viii)
a right over the common marine and coastal area
official projection means a projection, as defined in Schedule 3, for use in a specific area
old survey mark means a survey mark measured on the survey that is from the national survey control system or from an approved CSD
parcel means an area or a space that is a single contiguous portion of land separately identified in a CSD or in the cadastre
parcel intent means a description of a right or an interest intended to be assigned to a parcel
permanent reference mark or PRM means a reference mark that complies with rule 33
permanent structure boundary means—
(a)
a boundary related to a building or recognisable physical structure that is likely to remain undisturbed for 50 years or more; or
(b)
the outline of a future development unit
primary parcel means any parcel that is intended to be—
(a)
owned by the Crown, except a movable marginal strip parcel; or
(b)
held in fee simple; or
(c)
Māori freehold land or Māori customary land; or
(d)
part of the common marine and coastal area; or
(e)
the bed of a lake or river; or
(f)
a road or railway parcel; or
(g)
vested in a local authority
reinstated, in relation to a survey mark, means a new survey mark placed in the position of a previous survey mark that has not been found
renewed, in relation to a survey mark, means a new survey mark placed in the same position as an old survey mark that has been found
residue parcel means the residual portion of a primary parcel—
(a)
that remains as a result of a survey—
(i)
for removal of limitations as to parcels; or
(ii)
for an adverse possession claim; or
(iii)
to change the registration of land from the Deeds Registration Act 1908 to the Land Transfer Act 2017; or
(b)
that—
(i)
is being defined as part of the bed of a lake or a river, or part of the common marine and coastal area; and
(ii)
is not currently recorded in the cadastre as the bed of a lake or a river, or part of the common marine and coastal area; and
(iii)
is not intended to vest; and
(iv)
is not intended to have a new estate record
survey mark has the same meaning as in section 4 of the Act
underlying parcel means the parcel, whether primary or non-primary, whose interests are or will be directly affected or encumbered by a non-primary parcel
vector means a bearing and distance between 2 points
vertical control mark means a survey mark as specified in Schedule 6.
Schedule 2 company lease: amended, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
Schedule 2 cross lease: amended, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
Schedule 2 esplanade strip: amended, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
Schedule 3 Official geodetic datum and projections
The official geodetic datum is the New Zealand Geodetic Datum 2000 (NZGD2000). The datum is defined in LINZS25000: Standard for New Zealand Geodetic Datum 2000.
The official projections are the following NZGD2000 Transverse Mercator 2000 meridional circuit projections:
New Zealand mainland
Mount Eden 2000:
Bay of Plenty 2000:
Poverty Bay 2000:
Hawkes Bay 2000:
Taranaki 2000:
Tuhirangi 2000:
Wanganui 2000:
Wairarapa 2000:
Wellington 2000:
Collingwood 2000:
Nelson 2000:
Karamea 2000:
Buller 2000:
Grey 2000:
Amuri 2000:
Marlborough 2000:
Hokitika 2000:
Okarito 2000:
Jacksons Bay 2000:
Mount Pleasant 2000:
Gawler 2000:
Timaru 2000:
Lindis Peak 2000:
Mount Nicholas 2000:
Mount York 2000:
Observation Point 2000:
North Taieri 2000:
Bluff 2000:
New Zealand offshore islands
Chatham Islands Transverse Mercator 2000:
Auckland Islands Transverse Mercator 2000 (Snares and Auckland Islands):
Campbell Island Transverse Mercator 2000:
Antipodes Islands Transverse Mercator 2000 (Antipodes and Bounty Islands):
Raoul Island Transverse Mercator 2000 (Raoul and Kermadec Islands).
The above projections are defined in LINZS25002: Standard for New Zealand Geodetic Datum 2000 Projections.
Schedule 4 Cadastral survey network marks
A survey mark is suitable for use as a cadastral survey network mark if it has been assigned a NZGD2000 coordinate with a Landonline order 6 or better.
Landonline orders are defined in LINZS25006: Standard for tiers, classes, and orders of LINZ data.
Schedule 5 Official vertical datum
Schedule 5: replaced, on 1 July 2024, by rule 5 of the Cadastral Survey Amendment Rules 2023 (SL 2023/287).
The official vertical datum is New Zealand Vertical Datum 2016 (NZVD2016).
NZVD2016 is defined in LINZS25009: Standard for New Zealand Vertical Datum 2016.
Schedule 6 Vertical control marks
A survey mark is suitable for the vertical control of cadastral surveys if it has been assigned a height in terms of an official vertical datum with a Landonline order 3V or better.
Landonline orders are defined in LINZS25006: Standard for tiers, classes, and orders of LINZ data.
Schedule 7 Diagram symbols, line styles, and text
1 Symbol and text depiction
(1)
Information on a survey, title, or reinstatement diagram must conform to the symbol, line style, and text requirements in this schedule.
(2)
All symbols, lines, and text must be black.
Compare: SR 2010/492 r 12.1
2 Symbols
(1)
The symbols in table 9 must be used for survey marks and points.
(2)
When a survey mark serves more than 1 purpose, a symbol higher up the table takes precedence over a symbol below it.
(3)
The symbol for a disturbed survey mark in its disturbed new position must be the same as that for a new mark.
(4)
The symbol for a renewed survey mark must be the same as that for an old mark.
Table 9: Symbols for survey marks
| Mark type | Symbol | |
|---|---|---|
| PRM | New | |
| Old | ||
| Cadastral survey network mark or a vertical control mark | Old | |
| Adopted | ||
| Boundary post | New | |
| Old | ||
| Adopted | ||
| Unmarked point | New | |
| Adopted | ||
| Other survey mark or boundary mark, including a mark in post | New | |
| Old | ||
| Adopted | ||
Compare: SR 2010/492 r 12.2
3 Line styles
(1)
The styles and widths in table 10 must be used for lines.
(2)
When a line serves more than 1 purpose, a style higher up the table takes precedence over a style below it.
(3)
The width of a thick line must be at least twice the width of a thin line.
Table 10: Line styles and widths
| Line types | Line style | Line width |
|---|---|---|
| Boundary of a new primary, unit, or lease parcel | Thick | |
| Reinstated boundary | Thick | |
| Underlying exterior parcel boundary on unit title or cross lease development | Thick | |
| Proposed unit | Thick | |
| Other non-primary parcel boundary | Thin | |
| Measured vector | Thin | |
| Calculated vector | Thin | |
| Adopted vector or line | Thin | |
| Estate boundary | Thin | |
| Adjacent and underlying primary parcel boundary | Thin | |
| Territorial authority boundary | Thick |
Compare: SR 2010/492 r 12.3
4 Font size for text
The font size for an appellation and area must be significantly larger than the font size used for vectors, dimensions, descriptions, and survey mark information.
Compare: SR 2010/492 r 12.4
Dated at Wellington this 3rd day of May 2021.
Anselm Haanen,
Surveyor-General.
Issued under the authority of the Legislation Act 2019.
Date of notification in Gazette: 6 May 2021.
Notes
1 General
This is a consolidation of the Cadastral Survey Rules 2021 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.
2 Legal status
A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.
Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.
3 Editorial and format changes
The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.
4 Amendments incorporated in this consolidation
Cadastral Survey Amendment Rules 2023 (SL 2023/287)
Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68): section 6
"Related Legislation
"Related Legislation
"Related Legislation
Versions
Cadastral Survey Rules 2021
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