This section provides information on LINZ Operational requirements to assist cadastral surveyors working in greater Christchurch, including advice on dealing with boundary conflicts, defining new non-primary parcels in relation to affected underlying boundaries, and mark linking and naming.

Boundary conflicts arising from approved interim surveys

Section 9 of the Canterbury Property Boundaries & Related Matters Act 2016 (the Act) recognises that some ‘approved interim surveys’ did not use the ‘boundaries moved’ principle to define existing boundaries. However, under the Act, an ‘approved interim survey’ continues to determine a boundary regardless of whether the boundary is defined in terms of the ‘boundaries moved’ principle. Therefore, boundary conflicts will arise from time to time between a new survey and an ‘approved interim survey’. When a surveyor discovers a boundary conflict, LINZ will provide advice to surveyors and lawyers acting for affected landowners and work with them to attempt to resolve the boundary conflict.

Read about Guidance for surveyors on boundary conflicts in greater Christchurch.

Survey queries

The Landonline e-request type ‘Survey_Earthquake Complex’ is available for queries relating to earthquake-affected boundary surveys.

Using one CSD for a new non-primary parcel and redefining underlying boundaries

An underlying primary parcel boundary affected by earthquake movement can be redefined in the same CSD as a new non-primary parcel as provided for in Rule 20.6(d) of the Rules for Cadastral Survey 2010.

For easement, covenant and lease CSDs (apart from cross-leases):

  • dataset type will be ‘Survey’
  • survey purpose will be as appropriate for the type of non-primary parcel being created (for example, LT CSD purpose of “Easement”)
  • the information to be included in the Diagram of Parcels will need to be shown on a plan graphic where the new non-primary parcel has not been captured spatially (for example, easement with permanent structure boundary)

See Easements and other non-primary rights for further information.

For unit and cross lease CSDs where the unit/cross lease is an update to part of an existing development:

  • dataset type will be ‘Survey’
  • survey purpose will be as appropriate for the type of non-primary parcel being created ‘… with survey sheet’
  • the information to be included in the Diagram of Parcels will need to be shown on a plan graphic

See Existing unit developments and Existing cross lease developments for further information.

Redefining underlying parcel on new unit title and cross lease developments

For new unit and cross lease developments where the underlying primary parcel boundaries are affected by earthquake movement please refer to the Surveyor-General's Guidelines on New Unit Developments and New Cross Lease Developments.

Disturbed marks and linking

If a CSD includes an old mark that has shifted from its pre-earthquake location but is otherwise ‘undisturbed’ then the mark is correctly positioned and is to be linked to the existing node for that mark in Landonline.

Where an old boundary mark is determined as no longer correctly marking a boundary point, it is to be treated as a new non-boundary mark and not linked to any existing node.

A geodetic mark may have several post-earthquake nodes in Landonline. Newly measured observations should be linked to the most recent ‘disturbed’ mark.

Read more about disturbed geodetic control marks

Mark naming and linking

The following practices are to be adopted when recording and linking un-disturbed old marks, disturbed old marks, and adopted marks in greater Christchurch.

Un-disturbed old mark

Original survey mark name retained

Linking - Two options:

a) Preferred - Link to the corresponding original pre-earthquake node, even if there is a post-earthquake unproven node or approved interim survey disturbed node for the mark.

Figure 1: un-disturbed old survey mark

b) Prior linking practices have resulted in original pre-earthquake nodes being renamed with the unproven tag.  Linking to these nodes will reinstate the original survey mark name.

Figure 2: node with unproven tag

Disturbed old mark

Two scenarios:

1. Old survey mark not previously deemed disturbed:

New mark name assigned.

Linking – Two options:

a) Only one node - Do not link.

Figure 3: old survey mark deemed disturbed for the first time

b) Two nodes (i.e. original pre-earthquake and post-earthquake unproven) - Link to post-earthquake unproven node.

Figure 4: no further disturbance since unproven mark’s position observed

2. Old survey mark was found physically disturbed, and renamed, by approved interim survey:

Approved interim survey mark name retained.

Linking:

  • Link to approved interim survey disturbed mark node provided the mark has not been further disturbed by events other than earthquakes.
Figure 5: no further disturbance (except due to earthquakes) to observed mark position since found physically disturbed by approved interim survey (SO 488999)

Adopted mark

Three scenarios:

1. Un-disturbed survey mark adopted:

Original survey mark name retained.

Linking - Two options:

a) Only one node (with or without unproven tag) – Link.

Figure 6: only one node in Landonline

b) Two nodes (i.e. original pre-earthquake and post-earthquake unproven) - Link to original pre-earthquake node if an approved post-earthquake survey has deemed the mark to be un-disturbed.

Figure 7: approved interim survey disturbed mark deemed un-disturbed by approved post-earthquake survey

 

2. Approved interim survey ‘disturbed’ mark adopted:

Original survey mark name retained if a prior approved post-earthquake survey has deemed the survey mark to be un-disturbed.

Linking - Two options:

a) An approved post-earthquake survey has deemed survey mark un-disturbed – Link to original pre-earthquake node.

Figure 8: approved interim survey ‘disturbed’ mark deemed un-disturbed by approved post-earthquake survey

b) Otherwise the survey practice in use when the source survey was approved will determine which node to link to. 

3. Unproven survey mark adopted:

Unproven survey mark name retained.

Linking:

Post-earthquake adoption source survey refers to the unproven mark and the new survey is not using this adopted mark for definition purposes – Link to unproven node.

Figure 9: adopted unproven mark not used for definition

Reporting

In addition to the requirements of rule 8.2 for reporting on old survey marks; further reporting regarding the following would assist Operations staff in validating the CSD and resolving any post-approval linking issues:

  • reasons for linking to a specific node when there is more than one node for the survey mark,
  • how any survey mark conflicts were resolved, and
  • how any linking conflicts were resolved, particularly conflicts with approved interim surveys.

Note: Upon approval of the dataset, LINZ Operations staff will rectify any linking conflicts identified in the survey report, merge multiple nodes for an un-disturbed mark, and transfer/decommission vectors as a result of approved interim survey disturbed mark practices.

Last Updated: 3 March 2020