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 dealing with proposed or existing easements over land that is to become common marine and coastal area upon subdivision.

Proposed easements

There is no mechanism to register a new easement against land in the common marine and coastal area because there is no owner capable of granting an easement.

Existing easements

Where land is being subdivided, the portion of an existing easement that overlaps land that is to become common marine and coastal area is to be surrendered (refer to page 15 of LINZG20726: Registration guideline for the Marine and Coastal Area (Takutai Moana) Act 2011). This surrendered portion is not normally depicted in the CSD diagrams.

In this case, the CSD diagrams must depict the extent of the existing easement that is to be retained.

Figure 1: Where existing easement overlaps common marine area
Last Updated: 6 April 2017
Authority: Surveyor-General - Section 7(1)(ga) of the Cadastral Survey Act 2002
LINZ OP G : 00085