When producing a Cadastral Survey Dataset (CSD) showing the definition of land for either the issue of freehold title or the registration of occupation rights, you need to use the Survey Purpose – Legalisation and show the parcel intents as Legalisation.
Clarifying the correct Survey Purpose and Parcel Intent
In recent years the Te Arawhiti - the Office for Māori Crown Relations (Te Arawhiti) has had CSDs prepared to:
a. Illustrate (rather than define) land that is to be re-vested in Māori;
b. Illustrate land for which an interest in land is to be granted by the Crown (e.g. the proposed grant of an occupation right such as a Nohoanga);
c. Graphically describe administrative boundaries (e.g. RFR (Right of First Refusal) areas and areas subject to Deeds of Recognition);
d. Define the land illustrated in (a), for the issue of freehold titles;
e. Define the land in (b), for the registration of occupation rights.
Plans produced for illustration and description
Plans produced for purposes described in (a), (b) and (c) above do not comply with the Rules for Cadastral Survey 2010.No subsequent survey definition is required for such plans because there is no requirement to register the rights on titles. These plans are now normally held by the Te Arawhiti.
Plans produced to define (scenarios (d) and (e) above).
The Surveyor-General accepts the use of SO Plans for defining any land that is to be used in Treaty settlement legislation. These plans are to be treated as Legalisation plans. The parcels should only be recognised when the legislation (i.e. the appropriate Treaty Claims Settlement Act) causes the associated action to occur - usually when the legislation comes into effect. As with legalisation plans, the new parcels should not appear in the primary layer of Landonline until they have been given effect by the legislative action.
Under the various Claim Settlement Acts, plans defining (rather than illustrating) customary entitlements, such as Fishing or Nohoanga (Campsite), fall within (e) above. These entitlements enable rights to occupy sites for so many days per year. The survey purpose ‘Customary Entitlement’ is assigned to the parcels once the appropriate legislation is enacted.
Apart from occupation rights, the difference between Nohoanga (campsite) entitlements and customary fishing entitlements, is that the Crown may vest in a tribe the fee-simple of the land in a customary fishing entitlement.
Parcels defined and shown on a legalisation CSD should only be assigned a parcel intent of ‘Legalisation’. After the enactment of the appropriate Treaty Claims Settlement Act this parcel intent we will change to ‘Customary Entitlement’.