Marine and Coastal Area Act (MACAA) and recording common marine and coastal area in a CSD

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 land as part of the common marine and coastal area in a CSD where it has already become common marine and coastal area under MACAA or will become common marine and coastal area under s 237A RMA.

Note: all references to the Marine and Coastal Area (Takutai Moana) Act 2011 and the Resource Management Act 1991 are abbreviated as MACAA and RMA, respectively.

MACAA and land already part of common marine and coastal area as residue parcel

Where Crown or local authority land below MHWS has already become common marine and coastal area under MACAA, it is to be identified as a residue parcel.  

Examples of situations where this will occur are:

In these situations, the Diagram of Survey and Diagram of Parcels must depict the:

  • old water boundary that is in common with the adjoining sea (the disappearing boundary) as an irregular accepted boundary in relationship to other boundaries [r 6.3(b), r 6.7(c), r 9.6.8, and r 10.4.6].
  • 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)].
  • legal description of the boundary 'MHWM' or 'MHWS' as applicable [r 9.6.7(c) and r 10.4.5(c)].
  • name or simple description of the adjoining sea [r 9.6.3(h)(iv) and r 10.4.2(f)(iv)].

In addition, the annotation 'common marine and coastal area' or, where applicable, 'erosion (common marine and coastal area)' should be depicted against the residue parcel [r 9.6.3(h)(iii),  r 10.4.2(f)(iii), s 237A RMA and s 23 MACAA].

Note: Rules 9.6.3(h)(iii) and 10.4.2(f)(iii) require a description, s 237A RMA requires the CSD to show any part of the allotment that is in the coastal marine area as part of the common marine and coastal area, and s 23 MACAA requires a survey plan for deposit. This notation is one way of complying with or demonstrating that s 237A or s23 are not applicable whilst complying with the Rules.

In Landonline the parcel must be given the parcel intent 'hydro' so that it can be combined in Landonline with the adjoining sea [r 10.1(e)].

Diagram showing common marine and coastal area as a residue parcel
Figure 1: Common marine and coastal area as a residue parcel

MACAA and land becoming common marine and coastal area under s 237A of the RMA

Where a portion of land is to become part of the common marine and coastal area under s 237A RMA, the Diagram of Survey and Diagram of Parcels is to depict the:

  • the land as a new primary parcel which must have an appellation and an area [r 9.6.3 and r 10.4.2(d)],
  • old water boundary that is in common with the adjoining sea (the disappearing boundary) as an irregular accepted boundary in relationship to other boundaries [r 6.3(b), r 6.7(c), r 9.6.8, and r 10.4.6],
  • 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)],
  • legal description of the boundary 'MHWM' or 'MHWS' as applicable [r 9.6.7(c) and r 10.4.5(c)],
  • name or simple description of the adjoining sea [r 9.6.3(h)(iv) and r 10.4.2(f)(iv)].

The parcel should be annotated 'common marine and coastal area' or where applicable 'Erosion (common marine and coastal area)' [r 9.6.3(h)(iii),  r 10.4.2(f)(iii) and s 237A RMA].

Note: Rules 9.6.3(h)(iii) and 10.4.2(f)(iii) require a description and s 237A RMA requires the CSD to show any part of the allotment that is in the coastal marine area as  part of the common marine and coastal area.

The parcel must be given the Landonline parcel intent 'common marine and coastal area [s 237A(1)(b) RMA; r 10.1(e)].

Last Updated: 12 November 2018
Authority: Surveyor-General - Section 7(1)(ga) of the Cadastral Survey Act 2002
LINZ OP G : 00088