Under New Zealand law, if land is defined by survey with a moveable water boundary along an adjoining river, stream, lake, or coastal boundary with the sea it is subject to the legal rules governing accretion and erosion. Land may be added or removed along such boundaries due to the natural action of the water over time. If such changes occur gradually and imperceptibly, then the legal boundary of the land will move accordingly in line with the position of the river, stream, lake or sea at any given time. In these circumstances, the law recognises the addition or removal of land as ‘accretion’ to, or ‘erosion’ from, the adjoining owner’s property.
This can be contrasted with cases where there is a sudden change in the position of the river, stream, lake or coastline due to a particular event such as a flood or an earthquake. The law recognises this as ‘avulsion’. In such circumstances, the boundary of the adjoining land retains its original position as it was prior to the event that led to the sudden change.
Landowner may apply to update their record of title
If the position of a moveable water boundary has changed due to accretion or erosion, the landowner may have their property resurveyed and then apply to the Registrar-General of Land (the Registrar) at LINZ to have their record of title updated.
LINZ may consider such applications in accordance with section 21 of the Land Transfer Act 2017 (the Act) and regulation 29 of the Land Transfer Regulations 2018 (the Regulations).
For more information about how to make an application and the evidentiary requirements to support the application, read the Accretion and Erosion Guideline 2025 (the Guideline).
To lodge an application for accretion or erosion use the instrument code: ACC.
Practitioners certifying an application for accretion must hold an A&I form from the applicant as evidence of their authority and identity.
Adjoining owners
Paras 4 and 4.1 of the Guideline set out the Registrar’s obligation to give notice to adjoining owners under s21(2)(b) of the Act.
If the applicant knows the name and address of any adjoining owners, the applicant’s lawyer can provide this information to LINZ via the Landonline Requests function using the request type: Dealing Correspondence.
LINZ collects and uses this information solely for the purpose of giving notice to the adjoining owner in accordance with section 21(2)(b) of the Act.
As LINZ can easily ascertain the contact details for local authorities and Crown entities, etc, the applicant need not provide adjoining owner details when the adjoining land is:
- road, a reserve, or other land that is owned or administered by a local authority
- state highway that is administered by NZ Transport Agency Waka Kotahi
- Crown land for example, recreation reserve, railway land, or land held for police or educational purposes.
How to make a submission or an objection to the alteration
If you have received a notice about an application from LINZ and you have material concerns or questions about the legal basis for the application, you may make a submission or an objection to the proposed title boundary alteration by the specified deadline, as set out in the notice.
Submissions and objections are considered by the Registrar
LINZ will consider any submissions or objections received in respect of the application. If an objection is considered to be material, LINZ will not proceed with the application unless the objection is resolved or withdrawn.
Objections received after the deadline but before the alteration is made may be considered at the discretion of the Registrar. Objections received after the alteration to the register is made will not be considered.
What is a material objection?
The term “material” is not defined in the Act but, in accordance with its ordinary meaning, it can be understood to mean something significant or important. An example of a material objection would be one that raises substantive issues or conflicting information that call into question the reliability or accuracy of the evidence provided by the applicant in support of the application.
An objection based on the fact that someone is simply opposed to the accretion application, without any supporting evidence or information that challenges the legal basis for the accretion application, would not be regarded as material.
You may consent to the title boundary alteration
If you are the adjoining landowner or other interested party and you have already consented to the application LINZ is not required to notify you under section 21(2) of the Act.
More information
More information can be found in the Accretion and Erosion Guideline 2025.