The following information relates to rule 8.5 and lodging a CSD to record a boundary marking only survey. This information includes the timeframe for lodging a CSD, the type of CSD to be lodged, the use of stakes or dumpy pegs, and marking boundaries of Māori land held in provisional titles.
A CSD recording the placement of a boundary mark must be lodged when a boundary mark has been placed to define an existing boundary or boundary position on an existing boundary and the survey does not create a new parcel (for example, is not a subdivision survey) [r 8.5(a)].
A CSD recording the placement of a boundary mark must be lodged within six months of the placement of a boundary mark [r 8.5(a)].
When a boundary position has been repeatedly re-marked (for example, due to ongoing site works removing the mark), a CSD must be lodged within six months of the first time the position was marked. The data on this CSD must record the survey of the last placement of a mark in that position [r 8.5(b)].
A CSD recording a boundary marking only survey is to be lodged as a survey office (SO) CSD with a unique CSD reference number.
If something other than a boundary mark as defined by rule 7.2 has been used to set out an existing boundary point (for example, a stake or painted cross), it is not necessary to lodge a CSD to record the survey.
Note that if a dumpy peg is placed with a stake, then the dumpy peg is considered to fall within the criteria of a boundary mark [r 7.2(a)(iii)].
Where a boundary marking survey is to be carried out and the boundary point is defined on a CSD previously approved under LINZS10000: Interim standard for computed cadastral survey datasets for Māori freehold land, the point being marked must be defined by survey [r 6.2(a)(v)]. This means that all the relevant evidence (including evidence relating to Māori Land Court minutes) must be gathered and considered.
If, after taking into account the evidence, the position of the point does not agree with that defined in the previously approved CSD, a boundary marking survey must not be carried out.
If a new boundary point is to be recognised as authoritative, a Māori land survey creating new title is required.