Surveys of Customary Marine Title areas

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 survey requirements for customary marine titles under the Marine and Coastal Area (Takutai Moana) Act 2011 (MACAA).

Requirement for a survey plan

A survey plan (cadastral survey dataset) in terms of the Rules for Cadastral Survey 2010 is expected when defining the extent of a new customary marine title area.

Section 94 MACAA authorises a protected customary right or a customary marine title to be recognised by either an agreement made in accordance with that Act, or by an order of the High Court.

For a customary marine title by agreement, normally the Te Arawhiti - the Office for Māori Crown Relations on behalf of the Crown will ask the Surveyor-General to advise on the standard of survey.

For a customary marine title by an order of the High Court, after the Court has granted recognition the applicant is required to submit a draft order for approval by the Registrar of the Court. Section 109(4) MACAA requires the order to include a survey plan that sets out the extent of the area, to a standard of survey determined for the purpose by the Surveyor-General. In this case the applicant will need to engage a surveyor who will in turn contact the Surveyor-General. Advice on the standard of survey can be sought by submitting a “Survey_Survey Dispensation” e-request through Landonline.

Standard of survey required

The Surveyor-General has determined that the standard of survey to support an agreement or an order for a customary marine title is the Rules for Cadastral Survey 2010 (the Rules). However the Surveyor-General recognises that customary marine title surveys often involve unusual definition issues and the standard of survey for a particular customary marine title may include exceptions and variations to the Rules. 

A customary marine title area is to be defined as a non-primary parcel in a CSD with a survey type of “SO”, a survey purpose of “Legalisation” and a parcel intent of “Customary Marine Title”.

Survey plan is not required for a protected customary right

There is no requirement for a survey plan to be included in a court order for a protected customary right under s109(4) MACAA. 

Last Updated: 11 March 2019
Authority: Surveyor-General - Section 7(1)(ga) of the Cadastral Survey Act 2002