Note: this guideline is issued by the Surveyor-General under section 7(1)(ga) of the Cadastral Survey Act 2002 about the Rules for Cadastral Survey 2010 and is not legally binding.

The following information relates to the acceptance of existing boundaries under rule 6.3 including water boundaries, irregular boundaries, residue parcel boundaries, and boundaries of parcels over 100ha.

All accepted boundaries are class D boundaries [r 3.2.4(a)].

Accuracy of adoptions for accepted boundaries

Only an existing boundary can be accepted [r 6.3]. The accepted boundary and boundary points are not required to meet any accuracy tolerance [r 2] but the adopted information must be faithfully copied from the source CSD [r 8.4].

Note that rule 8.4 enables an adoption to include a bearing adjustment.

Boundary point purpose and mark state information in CSD

When a boundary is accepted, the surveyor must adopt the information from a CSD that has been integrated into the cadastre (or the estate record in some circumstances).

In the normal case that adopted information would be:

  • the vectors that link the boundary points, and
  • the boundary points themselves.

To ensure the level of evidence used by the surveyor is clearly recorded in a CSD, the CSD must indicate that the boundary point purpose is 'accepted' and the boundary point state is 'adopted'.

Accepted water and irregular boundaries

An existing water or irregular boundary may be accepted where it is part of a parcel that:

  • meets the criteria in  rule 6.3(a)(i) and will be associated with a title that is limited as to parcels [r 6.3(a)(v)],
  • meets the criteria in  rule 6.3(a)(i) and will be associated with a Hawke’s Bay interim title [r 6.3(a)(v)],
  • is a balance parcel or residue parcel [r 6.3(b)],
  • is a parcel over 100 ha [6.3(c)].

In some cases the Marine and Coastal Area (Takutai Moana) Act 2011 (MACAA) or the Resource Management Act 1991 (RMA) will prevent rule 6.3 from being applied where an existing water boundary is MHWM.

Refer to Accepting MHWM boundaries and the MACAA or RMA below

Providing the critieria in rule 6.3(a)(i) can be met, an existing irregular boundary that is not dependent on the location of a water boundary may also be accepted [r 6.3(a)(vi)].

Examples include a fixed irregular boundary that:

  • was originally offset from a water boundary as was the case of many landward roadside boundaries,
  • was formerly a water boundary but has not been right lined,
  • follows the centreline of a water course.

Accepted residue parcel boundaries

The boundaries of a residue parcel that are not common with another new primary parcel on the survey may be accepted [r 6.3(b)]. 

See examples of residue parcels

Accepting boundaries of parcels over 100 ha

A boundary on a rural parcel that is over 100 ha may be accepted unless it is in common with another parcel on the survey that is 100 ha or less [r 6.3(c)]. Note, however, the impact of the Marine and Coastal Act 2011 where the existing boundary is MHWM.

Refer to Accepting MHWM boundaries and the MACAA or RMA below

Diagram showing Lot 2 over 100 ha with accepted boundaries
Figure 1: Lot 2 over 100 ha with accepted boundaries

Boundary information in the CSD for parcels over 100 ha

Where a boundary of a rural parcel over 100 ha has been accepted under rule 6.3(c):

The CSD must include:

  • on the Diagram of Survey, the CSD reference from which the boundary is sourced [r 9.6.14(b)(iv)],
  • on the Diagram of Survey and the Diagram of Parcels, the annotation 'area not determined by survey' clearly related to the relevant parcel [r 9.6.11 and r 10.4.8],
  • on the Diagram of Survey and the Diagram of Parcels, the annotation 'boundary accepted from existing survey' clearly related to the relevant boundary [r 9.6.12 and r 10.4.8];

The CSD is not required to include:

  • vectors that enable the relationship between the accepted boundary and other marks or boundaries to be determined [r 8.1(d) and r 8.1(e)],
  • boundary point information and symbols [r 9.6.2 and r 12.2 (Table 12)],
  • boundary vectors and dimensions [r 9.6.14(b)(iv) and r 10.4.9(a)(iii)].
Diagram showing Lot 2 over 100 ha with accepted boundaries
Figure 2: Lot 2 over 100 ha with accepted boundaries

Accepting MHWM boundaries and the MACAA or RMA

In some cases, the Marine and Coastal Area (Takutai Moana) Act 2011 (MACAA) or the Resource Management Act 1991 (RMA) will prevent rule 6.3 from being applied.

Where an existing parcel boundary is defined as MHWM and the identification of the common marine and coastal area (between MHWM and MHWS) is required, the existing documentary line of MHWM can only be accepted if seaward of, or coincident with, the new MHWS line.

Examples where this could occur are where the following take effect:

  • sections 9, 11(3), and 11(4) of the MACAA
  • section 237A(1)(b) of the RMA.

Disappearing water boundaries may be accepted boundaries

Where a primary parcel defines an extent of land that is to be incorporated into an adjoining water body, the existing water boundary that abuts the water body will disappear.  This disappearing boundary may be accepted [r 6.3(b)] and must be an irregular boundary [r 6.7(c)].

Examples include the disappearing:

Example of a disappearing boundary where common marine and coastal area
Figure 3: Example of a disappearing boundary where common marine and coastal area
Last Updated: 31 March 2017
Authority: Surveyor-General - Section 7(1)(ga) of the Cadastral Survey Act 2002
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