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 relates to all non-primary land rights where boundaries have been affected by earthquake movement.

Where the purpose of the right is for a unit in a unit title development see Unit title developments – Rule 20.6 or a lease in a cross lease development see Cross lease developments – Rule 20.6.

Underlying affected boundary must be defined by survey

An affected boundary on an underlying parcel that is class A or B must be defined by survey if a new non-primary parcel boundary coincides with or intersects it [r 20.6(a)].

Redefinition may be recorded in non-primary LT CSD

For registration under the Land Transfer Act, the redefinition of an affected underlying primary parcel boundary would normally require a CSD defining the full extent of the underlying parcel and the issue of a new computer register.  Rule 20.6(d) provides a concession where an affected underlying boundary redefined as a consequence of Rule 20.6(a), or already redefined in terms of earthquake movement on an approved CSD (including an approved SO CSD), may be recorded in the LT CSD that creates the new non-primary parcel.  The deposit of this CSD will create a record of survey of the redefined underlying boundary in the register (the Registrar-General of Land will update the existing computer register to refer to the partial redefinition of the underlying parcel).  For example, a LT CSD may record a new easement parcel as well as the redefinition of an intersected or coincident underlying affected primary parcel boundary.  Similar concepts apply to land under the tenure of the Crown and the Māori Land Court.

Information on Diagram of Parcels

To ensure users of the CSD are made aware of the two purposes of the survey (the redefined boundary and the new non-primary parcel), Rule 20.6(e) requires information in the CSD Diagram of Parcels that makes it clear to users of the Title Plan that the CSD is also recording the partial redefinition of the underlying parcel.  The two purposes must also be recorded in the survey report (Rule 8.2(a)(i)) and the dataset description panel.

The example below shows new easement A together with the new redefinition of the affected northern boundary of Lot 1 DP 388041 and the prior redefinition of the affected eastern boundary of lot 1 recorded on SO 435687. 

 

New underlying parcel where all boundaries affected

The concession in Rule 20.6(d) does not apply where all of the boundaries of the underlying parcel were affected by earthquake movement and are required to be redefined or have been redefined and not recorded in the tenure system (see r 20.6(d)(ii)).  In this case a CSD of the underlying land would need to deposit and a new computer register issued.

Last Updated: 1 March 2017
Authority: Surveyor-General - Section 7(1)(ga) of the Cadastral Survey Act 2002
LINZ OP G : 00013