The following information relates to the application of rule 20.8 and the removal, or driving below ground, of an old boundary mark that no longer marks a boundary point.
The rule is an enabling provision and not a requirement.
Rule 20.8(a) provides an authority to remove, or to drive below the ground surface, a boundary mark that no longer marks a boundary point. This action may only be carried out where there is no boundary conflict. Boundary conflict is defined in s9 Canterbury Property Boundaries and Related Matters Act 2016.
Defining a boundary in terms of earthquake movement may not in itself remove boundary conflict with an approved interim survey that did not define the same boundary in terms of earthquake movement. The resolution of boundary conflict must take into account other factors including the interests of the party who commissioned the approved interim survey. Before a boundary mark is removed or driven below ground, it is recommended LINZ advice is sought using the Landonline e-request type ‘Survey_Earthquake Complex’.
A disturbed boundary mark may be removed or driven below ground under the provisions of this rule.