The following information relates to rule 20.9 and the retention, and in some circumstances the acceptance, of an existing irregular water body centreline boundary.
Recent research carried out by the Office of the Surveyor-General has not identified any enactment or rule of law that supports the view an irregular boundary that follows the centreline of a water body is a fixed boundary.
Irregular centreline boundary may be retained
Rule 20.9 enables an irregular boundary following the centreline of a water body to be retained as an irregular boundary, rather than be right-lined under rule 6.6 [r 20.9(a)]. This may be applied irrespective of the boundary being redefined or adopted. The boundary must be annotated as following the centreline [r 20.9(b)].
Irregular centreline boundary where accretion
Rule 20.9(c), which refers to accretion, allows for the possibility of an irregular boundary following the centreline of a water body to move due to accretion to the water margin of the water body. Where an entitlement due to movement resulting from accretion is not being claimed, the boundary may continue to be depicted as it was defined prior to the earthquakes [r 20.9(c)]. In this case it must be accepted, be class D and noted on the CSD diagrams ‘Boundary not surveyed since the Canterbury earthquakes’ [r 20.9(d)].
Where the evidence points to a centreline boundary being a boundary fixed in location the boundary may be right lined.