Q&As on Cadastral Survey Datasets & the Rules for Cadastral Survey 2010

These questions and answers relate to cadastral survey datasets (CSD) and the new Rules for Cadastral Survey 2010. They were formed during a series of education seminars on the new Rules held around the country in September 2009.

Other questions and answers on the new Rules are also available.

If you have a question, please email newcadastralrules@linz.govt.nz.

Occupation

Can occupation be presented on field notes in the CSD?

Yes. However surveyors must note the requirement for the information to provided in the form of a diagram where the boundary is open to question (rule 9.5(b)(iii)).

Is occupation relevant in rural areas with give and take fencing or where it is a long way from the boundary?

Surveyors will need to exercise judgement noting that rule 9.5(c) requires the information where it is relevant to the boundary. In most cases, a give and take fence is relevant.

Does occupation need to be shown for existing class A boundaries? 

Information on occupation is required for new points on an existing boundary, on existing points that are marked, and where the boundary is of interest to other parties (rule 9.5(b)).

Cadastral survey datasets

Can a compiled or computed CSD be used for a class A primary parcel less than 0.4ha?

No, a field survey is required. For these parcels, the boundaries and boundary points fall within the criteria of rule 6.2(a)(iv) that requires them to be defined by survey. In this circumstance, the surveyor must consider the best evidence including, where available, old boundary marks. In addition, rule 7.3.1(a) also requires these points to be witnessed.

A surveyor may include any supporting information within a CSD. However, care might need to taken where this information is in a traditional format. A good traverse close may be a poor indicator of compliance with the accuracy standards that apply between all marks and points right across the survey.

Must parcels in the Diagram of Parcels be drawn to scale?

Every parcel must be presented in its entirety to scale on at least one sheet (rule 10.4.2(d)). However, diagrams, not necessarily to scale, can be used to depict detail etc.

Will surveys that only have "title data", eg easements surveys, need to include a CSD Plan as part of the CSD?

Yes. Every CSD must have a CSD plan (rule 8.1(a)) noting that in some cases the CSD plan and the title plan may be quite similar.

Where an easement parcel overlaps another easement or covenant parcel, do the parcels need to be "sliced and diced" into multiple parcels?

Generally no. Non-primary parcel boundaries are only required to be depicted in relation to the boundaries of the underlying parcel (rules 9.6.3(g)(ii) and 10.4.2(e)(i)). However, if non-primary parcels overlap each other, the total extent of each parcel must be depicted clearly and unambiguously (rules 9.6.15 and 10.4.10).

Note there are different requirements associated with units and cross lease boundaries (rules 9.6.4, 9.6.5, 10.4.2(e)(ii) and 10.4.3).

Does the requirement to spatially depict existing easements always apply, particularly in complex parcel situations such as unit title developments?

Yes. The extent of all parcels must be clearly depicted (rules 9.6.3 and 10.4.3)

Irrigation race easements from old transfer diagrams in Central Otago are often irregular and have no physical presence on the ground. Do they need to be depicted spatially?

Yes. These easement parcels represent rights over the underlying parcel in a similar manner to other non-primary rights (rules 9.6.3(a) and 10.4.2(a)).

Are esplanade strips to be shown as a parcel on the diagram of parcels?

Esplanade strip parcels are to be spatially depicted in the same manner as other non-primary parcels (rules 9.6.3(a) and 10.4.2(a)).

Are movable marginal strips required to be included in a CSD?

The inclusion of movable marginal strips is not a requirement of the Rules. However, the Government has directed that all Crown agencies that dispose of Crown land must now require the marginal strips to be included in the surveys. This is an example of a client driven requirement rather than a Rules requirement. Note, however, that where a movable marginal strip is included in the CSD, the Rules specify the manner in which they are to be treated (rules 9.6.6 and 10.4.4).

Does a Pt 4A Conservation Act 1987 notation need to be shown even though the new parcel does not have a stream in it?

The Pt 4A notation is required by statute in the cases specified in rule 10.4.8 noting that the requirement applies regardless of whether there is a water body present or not.

What type of CSD is used to lodge survey offsetting or survey traverses? 

Survey information must be recorded in a standard CSD, which requires the inclusion of survey vectors and other information.  Note that in this case there are no parcels and therefore a title plan is not required (rule 8.1(b)).