The following information relates to rule 16 and alternative requirements where a covenant parcel boundary may be class C or D instead of class B including where the covenant parcel is not determined accurately relative to its underlying parcel boundaries.
Rule 16.1 allows class C accuracies to be used for any new or existing covenant parcel boundary that would otherwise be class B.
For a covenant only survey, where the relationship between the covenant parcel and the underlying parcel boundaries has not been, or cannot be, determined accurately, rule 16 (Alternative requirements for covenant parcels) or rule 17 (Alternative requirements for non-primary parcels) may be applied.
Note: Under rule 16 only PRMs are required but under rule 17, witness marks as well as PRMs are required.
Rule 16 contains specific requirements that supplement rules 1-15, and provides some alternative requirements to those set out in rules 1-15.
- Rule 16.1 (enabling class C accuracy tolerances for covenant boundaries) varies rule 3.2.5 (which normally requires new boundaries to be either class A or B).
- Rule 16 does not include requirements about covenant parcel appellations, as these are contained in rule 5.5.
Class C covenant boundaries
Class C boundary accuracies may be used for new or existing covenant boundaries where class B would normally apply [r 16.1].
Class C and D covenant boundaries
Where the boundary or boundary point of a covenant, which would normally be class B:
- has been determined accurately relative to its underlying parcel boundaries, the covenant boundary points that intersect or coincide with the underlying parcel will be either class B or C. This is illustrated by the red and black boundaries of Area A and points E and F in Figure 2: Classes of covenant parcel boundary points below.
- has not been determined accurately relative to its underlying parcel boundaries [r 16.3(a)], the covenant boundaries and boundary points that intersect or coincide with the underlying parcel boundaries must be class D. [r 16.3(c)]. This is illustrated by the red boundaries of Area A and points E and F in Figure 2: Classes of covenant parcel boundary points below.
In this case, the black boundaries may be class B or C [r 16.1] and the existing coincident points and boundaries must be accepted and be class D.
- In respect of the witnessing of boundary positions that are marked [r 16.2(b], if position E is to be marked (including a post), the class of survey for this point must be upgraded to either class B (or A) [r 3.2.5(b)]. The position must also be defined by survey [r 6.2(a)(ii)], witnessed [r 7.3.1(c)], and the survey include PRMs [r 7.4.1].
See also Accuracies to ensure no overlap below.
Where the relationship between a covenant parcel and its underlying parcel has not been determined accurately, the relationship between its boundaries and its underlying parcel boundaries must be sufficiently accurate to ensure that its boundary points are either within, or coinciding with, the underlying parcel boundaries [r 16.3(b)].
As illustrated in Figure 3: Covenant boundary points within its underlying parcel below, covenant boundary points A and B must be within, or coinciding with, the boundaries of Lot 25. They are not permitted to overlap into Lot 26.
Survey requirements when covenant not in terms of underlying parcel
Where a covenant parcel is not determined accurately relative to its underlying parcel boundaries:
- bearings (other than magnetic bearings) must be in terms of NZGD2000 [r 16.4(a)]. Any bearing adjustment need only be determined to sufficient accuracy to ensure compliance with the applicable accuracy standard (eg, class C).
- a connection must be made to at least one cadastral survey network mark [r 16.4(b)]. This applies irrespective of the distance to this network mark.
- two PRMs must be included, each within 500 m (class B) or 1000 m (class C) of at least one of the new covenant boundary points, and the connection must comply with the accuracy tolerances in table 14, rule 16.4. To illustrate this, in Figure 4: PRMs for covenant parcels below:
- parcels A and B are contiguous, so the requirement for two PRMs within the required distance criteria of at least one new boundary point can be satisfied in respect of any point or points on either parcel A or parcel B,
- parcel C is a separate parcel, so there must also be at least two PRMs within the required distances of at least one boundary point on this parcel,
- the boundary points that intersect with the underlying parcel boundaries (shown with red crosses) will be class D and are excluded for the purposes of the PRM distance criteria [r 16.4(c)(i)].
Witnessing of covenant boundary points
If a new covenant boundary point (whether class B or C), that is not coincident with an existing underlying parcel boundary, is marked by a post, it is not required to be witnessed [r 16.2(a)] (refer to the blue boundary posts in Figure 2: Classes of covenant parcel boundary points above). This means that in some cases the CSD is not required to include any survey information.
If a boundary mark other than a post is used (eg a wooden peg], normal witnessing [r 7.3] and PRM requirements [r 7.4] will apply.
CSD requirements for covenant parcels
The survey report must note where class C has been used in terms of rule 16.1 or where class D has been used in terms of rule 16.3 [r 16.5(a)].
On the Diagram of Survey, the annotation 'class D' must be shown for all related boundaries and vectors [r 16.5(b)].
On the Diagram of Parcels, the annotation 'not defined by survey' must be shown for the related class D boundaries [r 16.5(c)].