The following information relates to defining by survey boundaries and boundary points under rule 6.2.
Defined by survey must be considered in conjunction with the requirements of rule 6.1 Duty of surveyor when defining a boundary by survey
Boundaries and boundary points to be defined by survey include:
- all new water boundaries or new irregular boundaries [r6.2(a)(i)]
- all new boundary points [r 6.2(a)(ii)]. This applies to new boundary points on both primary and non-primary parcels.
- all existing irregular boundaries converted to right lined boundaries [r 6.2(a)(iii)]
- most existing Class A boundary or boundary points on a new primary parcel that is less than 0.4 ha. See Defining class A boundarieson parcels under 0.4 ha
- any existing boundary point that is being marked on the survey [r 6.2(a)(v)]
- boundaries or boundary points subject to conflict, insufficiently defined on prior CSDs, limitations as to parcels, adverse possession, interim titles, or previously defined by computed datasets under the Māori freehold land project [r 6.2(a)(vi-xi)].
- boundary points on a primary parcel boundary that were previously used only as non-primary parcel boundary points [r 6.2(a)(xii)].
The requirement to define by survey existing class A boundary points on a primary parcel less than 0.4 ha is applicable to all surveys (including legalisation surveys) unless the exception criteria in rule 6.2(a)(iv) or 6.2(c) apply.
The requirement to define by survey applies irrespective of the age of the underlying survey, noting that with a recent survey the location of witness marks is likely to provide good evidence.
Boundary points that are required to be defined by survey may not need to be marked.
Where boundaries of a rural parcel include existing boundaries that are class A, the class A boundaries may be defined by adoption providing they comply with the applicable class A accuracy standards [r 3.3.1(a)(ii)].
An existing irregular boundary that has been converted into one or more right-line boundaries must be defined by survey [r 6.2(a)(iii)]. The requirement to right-line an irregular boundary is specified in rule 6.6(b). The requirement to right-line a water boundary is specified in rule 6.7(a)(i).
The relationship between new and existing boundaries must be determined correctly [r 6.1(c)]. To establish that relationship, the underlying parcel boundaries must be sufficiently defined.
In some cases, boundaries may be defined by adoption [r 6.4] or accepted [r 6.3]. Where there is a risk of overlap, the existing boundary must be defined by survey [r 3.3.2 and r 3.4(a)].
Where primary parcel boundaries are resurveyed to meet the accuracy standards, any existing non-primary boundaries must also be resurveyed to meet those standards.
All primary parcel boundary points defined by survey, including class A points where required by rule 6.2(a)(iv), must be witnessed [r 7.3.1(a)].
Conflict occurs where there are unresolved differences in the cadastral records, title records or evidence on the ground (refer to definition of 'conflict' in rule 2).
Rule 6.2(a)(vi) requires every boundary subject to conflict to be defined by survey, unless it is permitted to be accepted by rule 6.3 or permitted to be class C in terms of rule 3.2.3.
Where limitations as to parcels is being uplifted, rule 6.2(a)(viii) requires the boundary points on the parcel to be defined by survey.
Refer to Limited as to parcels boundaries
Where the interim nature of a Hawke's Bay interim title is being removed, rule 6.2(a)(x) requires the boundary points on the parcel to be defined by survey.
Refer to Hawke’s Bay interim title boundaries
When defining a boundary by survey, rule 6.1(b) requires the surveyor to interpret evidence in accordance with all relevant enactments and rules of law. The evidence relevant to the determination of the boundary and its boundary points will differ depending on whether limitations as to parcels is to remain or not.
Where a new limited title is to be created, the issues relating to the extent of lawful possessory ownership are not being addressed (ie notices to adjoining owners will not be sent out by the Registrar General of Land pursuant to the Land Transfer Act 2017). Possessory occupation that is not on the parcel boundary must not be taken into account.
For an example see Legalisation surveys where limited title to remain.
Rule 6.2(a)(xi) requires each point on the boundary which was created on a CSD previously approved under LINZS10000: Interim standard for computed cadastral survey datasets for Māori freehold land, to be defined by survey unless it can be accepted. These boundaries therefore cannot be 'defined by adoption' unless they have been first properly defined.
Where the boundaries are defined by survey, while the boundaries may not need to be marked [r 7.1(a)(ii)], the boundary points must be witnessed [r 7.3.1(a)].
Computed cadastral survey datasets were prepared under LINZS10000: Interim standard for computed cadastral survey datasets for Māori freehold land. They were permitted where the Māori Land Court made an order to partition land and provisional land title registration was considered desirable via a Māori land CSD without a field survey.
The requirement to define a boundary point by survey does not necessarily mean that the point must be marked. The requirement to define a boundary point by survey [r 6.2] and the requirement to mark a boundary point [r 7.1] are different issues that should be dealt with separately.