The following information relates to the recording in a CSD of water bed to vest in a local authority or the Crown under sections 237A or 239(1)(c) RMA 1991.
Where land is to vest under sections 237A or 239(1)(c) RMA 1991
Where a parcel that is part of the bed of a river or lake is to vest under sections 237A or 239(1)(c) of the Resource Management Act 1991 (RMA), the Diagram of Survey and Diagram of Parcels must depict:
- the land to vest as a new primary parcel,
- any new water boundary as an irregular line at a scale that clearly shows its shape and relationship to other boundaries [r 9.6.7(a)(i) and r 10.4.5(a)], and
- any old water boundary that is common with the adjoining water body (the disappearing boundary) as an irregular boundary [r 6.7(c), r 9.6.8, and r 10.4.6].
The primary parcel of land to vest must be treated in the same manner as other primary parcels and must have an appellation and an area [r 9.6.3 and r 10.4.2(d)] (refer to Disappearing water boundaries may be accepted boundaries).
The parcel must have the parcel intent “Vesting on deposit in the Territorial Authority (Sec 237A(1)(a) RM Act)” or “Vesting on deposit in the Crown (Sec 239(1)(c) RM Act)” as applicable. Upon vesting and integration into the spatial cadastre, the appellation will not be visible.
The adjoining hydro parcel, where applicable, need not be fully depicted but must be named or described [r 9.6.3(h)(iv) and r 10.4.2(f)(iv)]. Examples of descriptions are sea, lake, river.
The Title Plan must include a notation regarding a vesting of land (refer Notations and memorials in Title Plan).
Note, land to vest under ss 237A or 239(1)(c) RMA includes land that is defined by fixed boundaries.
Figure 1: Example of river bed vesting under s 237A or 239(1) RMA
Refer to the articles below for guidance on dealing with land that is part of the common marine and coastal area.