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 recording a new permanent structure boundary, and an existing unit boundary under rule 19, in a CSD.

Depicting existing unit boundaries in a CSD

In the case of a subsequent stage of a unit development or where part of an existing unit development is being changed, unchanged unit boundaries that have been defined in a CSD under earlier Rules may be retained [r19].

This enables existing unit boundaries to be depicted in exactly the same manner they were depicted on the pre 2010 rule CSDs.

Note, rule 19 may only be applied to boundaries where no changes are being made to the related parcel boundaries, appellation, and computer register.

Where an existing stratum boundary is being adopted, the Diagram of Survey must include the same information as the originating CSD.

Referto vertical datum information where stratum boundary has been adopted in terms of rule 19

Recording permanent structure boundaries where horizontal extent of a permanent structure boundary is coincident with structure

Where a permanent structure boundary is coincident with a physical structure, the Diagram of Survey and Diagram of Parcels must depict the relationship between the boundary and the structure clearly and unambiguously [r 9.6.9, r 9.6.15, r 10.4.7, and r 10.4.10]. The diagrams must also describe the permanent structure [r 9.6.9(d) and r 10.4.7(c)].

This relationship can be depicted or it can be annotated and the annotation can be applied to individual boundaries or it could be a generic note, provided that the relationship is clear in every instance of the boundary.  

Where the boundary and the relationship to the structure are the same for each unit, the relationship to the physical structure does not have to be depicted around the full extent of every unit. Generic diagrams may be used, and may be distorted to provide clarity, provided they are referred to on a main diagram.

Two examples are shown here:

Diagram showing where horizontal boundary coincides with the structure
Figure 1: Where horizontal boundary coincides with the structure

Recording permanent structure boundaries where vertical extent of a permanent structure boundary is coincident with structure

Where the boundary is coincident with a physical structure, the Diagram of Survey and Diagram of Parcels must make the relationship between the boundary and the structure clear and unambiguous [r 9.6.9, r 9.6.15, r 10.4.7, and r 10.4.10]. The diagrams must also describe the permanent structure [r 9.6.9(d) and r 10.4.7(c)]

This relationship can also be depicted or annotated provided it is clear. 

Diagram showing where vertical boundary coincides with structure
Figure 2: Where vertical boundary coincides with structure

Recording permanent structure boundaries where permanent structure boundary is coincident with underlying parcel boundary

Where the permanent structure boundary coincides with the underlying primary parcel boundary, the relationship of the physical structure to the boundary must be clearly depicted, particularly where the structure extends beyond the boundary [r 9.6.9, r 9.6.15, r 10.4.7, and r 10.4.10].

Generic diagrams may be used and may be distorted to provide clarity, provided that they are referred to on the main diagram.

The diagrams must also describe the permanent structure [r 9.6.9(d) and r 10.4.7(c)]. 

Diagram showing a bird's-eye view where unit boundary coincides with underlying boundary
Figure 3: Bird's-eye view where unit boundary coincides with underlying boundary

Recording permanent structure boundaries where horizontal permanent structure boundary is not coincident with structure

A permanent structure boundary that extends beyond the physical structure to intersect with another boundary must be clearly defined.  An example is where that boundary follows the extension of the centreline of the wall to where it meets the external boundary [r 9.6.9, r 9.6.15, r 10.4.7, and r 10.4.10]. 

Two examples are shown here:

Diagram showing a bird's eye view where the unit boundary extends beyond the physical structure
Figure 4: Bird's-eye view where the unit boundary extends beyond the physical structure

Recording permanent structure boundaries where vertical permanent structure boundary is not coincident with structure

In some cases, a unit boundary will be located in space above (or below) the physical structure.  Such boundaries can be defined by dimensions (usually vertical distances) from clearly defined points on the structure [r 6.9(b), r 9.6.9, and r 10.4.7].
 

The 20m limit specified in rule 6.9(b)(ii) only applies in a horizontal sense. 

Diagram showing elevation where unit boundary is in space above structure
Figure 5: Elevation where unit boundary is in space above structure

Depicting the relationship of units and cross lease areas to estate boundaries in the CSD diagrams

For a unit title development, the land the plan relates to is to be held in only one computer register and should be the whole of the land in that computer register [s 32(1)(b) and (c) of the Unit Titles Act 2010]. However, if one computer register could be issued for that land, the plan can be deposited despite s 32(1)(b) and (c) [s 33(1) of the Unit Titles Act 2010].

Where there is more than one underlying primary parcel within an estate record (see Figure 6 below: A unit development over two underlying parcels below, where Lots 1 and 2 are in the one title), the spatial depiction of unit boundaries with any underlying primary boundaries internal to the estate boundary is not required [r 9.6.4(b) and r 10.4.3(b)].  This means that the 'internal' primary boundary is not required to be depicted.

For a cross lease development, where there is more than one underlying primary parcel within an estate record the spatial depiction of cross lease boundaries with any underlying primary boundaries internal to the estate boundary is required [r 9.6.5(b) and r 10.4.2(e)(i)].

Depicting the relationship of units and cross lease areas to primary parcel boundaries in CSD diagrams

On a Diagram of Survey and Diagram of Parcels, the depiction of the spatial relationship between each unit or cross lease boundary and the underlying primary parcel boundaries must be sufficiently clear to ensure there is no ambiguity as to their relative positions [r 9.6.4(b), r 9.6.6(b), r 9.6.15(a), r 10.4.3(b), r 10.4.10(a)].

The depicted relationship must comply with the accuracy standard in r 3.5 if within 1 m of another boundary (class A) or 3 m (for class B) (refer to accuracy of permanent structure boundaries).

The depicted relationship also relates to the units and the underlying parcel boundary.  This information can be depicted on the same plan graphic diagrams as the units.

Diagram showing a unit development over two underlying parcels
Figure 6: A unit development over two underlying parcels

Depicting the relationship of unit and cross lease boundaries where they are close

The depiction of the spatial relationship between each unit or cross lease area and every other non-primary parcel in the CSD must be sufficient to ensure an unambiguous spatial relationship between the parcels within the development [r 9.6.4(a), r 9.6.9(b), r 9.6.5(a), r 9.6.15(a), r 10.4.3(a), and r 10.4.10(a)].

The relationship must be depicted to match the accuracy standard in r 3.5 if within 1 m of another boundary (class A) or 3 m (for class B) (refer to accuracy of permanent structure boundaries).

In most cases, this relationship on the Diagram of Survey will be the distance between the units .

The Rules do not require survey traverses and ties to buildings to be part of a CSD.

Diagram showing where units and boundaries are close
Figure 7: Where units and boundaries are close
Last Updated: 31 March 2017
Authority: Surveyor-General - Section 7(1)(ga) of the Cadastral Survey Act 2002
LINZ OP G : 00053