The following information relates to dealing with old marks, including disturbed, renewed, reinstated and unofficial marks.
It is essential that the primary evidence of boundary location (ie old marks) is dealt with in a consistent and appropriate manner. This not only ensures that boundaries are correctly relocated, but that future users are able to evaluate the evidential value of this information.
'Old' means 'already in cadastre'. The definitions for old survey mark and old boundary mark mean that a mark is permitted to be recorded as 'old' only where its presence is already recorded in the cadastre (normally where the mark has already been recorded on an approved CSD).
Where a mark is found but its presence is not already recorded on a CSD (ie the mark is unofficial), then this mark must be considered as new to the cadastre (irrespective of the physical age of the mark).
In the cadastre there are CSDs that have been approved as to survey or approved for records purposes only. In both cases, these CSD may have recorded OP No record or other similar marks. These marks are official for the purposes of future surveys but their evidential value would need to be carefully assessed and their positions proven. If used in a later survey they must be referred to as an old mark with the prior CSD reference.
Treatment of unofficial marks
Where an unrecorded boundary mark is included in a CSD and has evidential value, it must be considered as new to the cadastre. This can be achieved by treating:
- the mark as a new boundary mark. In this circumstance, the surveyor is taking responsibility for the correctness of its position as a new boundary marker [r 6.2(v)], or
- by treating the mark as evidence for the purposes of definition in a similar manner to a fence post (occupation). In this circumstance, the surveyor is required to provide details about the mark [r 9.5(a)(iv)].
Where an unrecorded boundary mark is included in a CSD but it has been determined as being incorrectly placed and is ignored for the purpose of definition, the peg may be shown as an occupational feature [r 9.5(a)(iv)]. In this case, the survey report must outline why the mark is not part of the survey evidence [r 8.2(a)(ix)].
An unrecorded non-boundary mark must be treated as a new mark. This includes traverse marks placed by a survey not yet approved by LINZ.
Marks from monumentation CSDs are authoritative
A monumentation CSD is an authoritative CSD source. Surveys that use a mark originally recorded on a monumentation CSD must treat it as an old survey mark [r 2].
A disturbed mark is a mark that is not in its original position, and therefore it must be treated as a new mark in its new position [r 7.6].
The use of the term 'disturbed' is a clear indicator that the primary evidence (ie the old mark) has been found but that the surveyor has determined that it is not in the position it was originally placed. This allows future users to evaluate the evidential value of this information.
Historically, old marks (particularly old traverse marks) that appeared to be physically undisturbed, but when compared with other old marks via adopted vectors did not fit within mathematical tolerances, were in some cases termed unreliable. The meaning of this term is not clear and its use is therefore not appropriate. The surveyor is required to determine if a mark is in its original position or not. The fact that measurements indicate a mathematical disagreement with other marks does not necessarily determine the mark as being disturbed.
The term 'renewed mark' applies to a mark placed in the same position as an old mark that has been physically located. This applies to both boundary and non-boundary marks. If an old mark is not found, a new mark cannot be considered to be renewing it.
'In the position of' or 'replaced' instead of 'renewed' are not appropriate terms as they are not clear as to whether an old mark had been found prior to the placement of a new mark. Using 'renewed' is a clear indicator that the primary evidence of a position was found (ie the old mark) before it was replaced with a new mark.
'Reinstated' applies to a mark placed in the same documentary position as an unfound mark placed by a prior survey. This applies to both non-boundary and boundary marks.
'In the position of' or 'replaced' instead of 'reinstated' are not appropriate terms as they are not clear as to whether an old mark had been found prior to the placement of a new mark. Using 'reinstated' is a clear indicator that the primary evidence of a position (ie the old mark) was not found and a new mark has been placed on that boundary point. This allows future users to clearly evaluate the evidential value of this information.