Q&As on Parcels & the Rules for Cadastral Survey 2010
These questions and answers relate to parcels 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.
- Do the new Rules allow me to capture balance parcels by the Landonline function 'Process Balance Parcel Boundary'?
- The Rules do not specify how a surveyor captures information into a CSD – the method is left up to the surveyor. Surveyors should note however, that this boundary information must be correct and where defined by adoption, for example, include the source of each boundary. Whilst Landonline may have been used as a method to capture information, it is not an authoritative source.
- In the case of an existing unit title, how are surveyors to deal with the piece of land left over where development over a primary parcel and a portion of that primary parcel is being taken for road or subdivided out?
- Discussions are currently underway with the Registrar General of Land and the Guidelines to the Rules will outline the Surveyor-General and Registrar-General of Land expectations at a later date.
- What is meant by a "multi-polygon" parcel?
- A multi-polygon parcel is where separate portions of land (polygons) are held together as one parcel with a single appellation and area. Historically these have often occurred with Māori Land or where rural sections are on both sides of a road or a Crown-owned water race.
- Will multi-polygon parcels be allowed for Māori land?
- Multi-polygon will not be permitted for new parcels.
- Is a donut parcel allowed?
- Yes. A donut parcel contains a hole that is actually another parcel. It satisfies the definition of a parcel as "an area or space that is a single contiguous portion of land separately identified in a CSD or in the integrated cadastre".
- What are the significant changes in regard to a new esplanade strip or a movable marginal strip being created where the stream bed remains in the title?
- The strip is a non-primary parcel and therefore must be depicted in the CSD in the same manner as all other non-primary parcels (rules 9.6.3 and 10.4.2). Note that the water boundary and the landward irregular boundary must be defined by survey (rule 6.2(a)(i)) to an accuracy specified in rule 3.4.
The requirement to exclude a waterbed is not determined by the Rules but may be a requirement under the Resource Management Act 1991. Where the bed is not excluded it forms part of the underlying primary parcel.
- Where a new boundary line intersects with an existing boundary line, do the two new portions of the existing boundary line need to comply with the accuracy standards?
- Yes. The severed existing boundary is being replaced by two new shorter boundaries that must meet the accuracy standards (rule 3.3.1).
- Are new parallel sided segregation strips under 0.1 metres wide acceptable?
- No. Parallel sided segregation strips must be 0.1m or wider (rule 5.4). Existing segregation strips under 0.1m may remain.
Legalisation surveys
- Will a new title issue for a parcel not subject to legalisation (traditionally called the balance parcel)?
- A new title will issue for the 'balance parcel'. LINZ is currently working on the exact process to enable this to happen and this information will be published in the guidelines to the Rules.
- Will dispensations be given where a parcel not subject to legalisation (traditionally called the balance parcel) is very large?
- Unless there are exceptional circumstances not covered by the Rules, dispensations will not be approved in these cases. Surveyors should note, however, that the boundaries for these parcels are expected to meet the criteria for classes C or D, in which case re-survey will not be necessary.
- Is a parcel not subject of a legalisation (traditionally called the balance parcel) treated any differently to other parcels?
- No. These parcels (and their related boundaries and boundary points) are subject to the same requirements as "standard" parcels. They will require a unique appellation, and in some cases boundaries may need to be defined by survey, while in other cases they may be able to be adopted or accepted.
- Is a parcel not subject of a legalisation (traditionally called the balance parcel) included in the legalisation schedule?
- Discussions are currently underway with the Registrar-General of Land (RGL) and the Guidelines to the Rules will outline the Surveyor-General and RGL expectations at a later date.