10 October 2018
The October issue of Landwrap has an update on the Land Transfer Act 2017 and an upcoming outage, as well as news about a Citrix upgrade, the review of the Rules for Cadastral Survey, a new official vertical datum, and the new address of our Hamilton office.
Landonline will be unavailable on Saturday 10 November 2018. We will put in place system changes to support the Land Transfer Act 2017 which is expected to come into effect on Monday 12 November.
As previously advised, the Land Transfer Act 2017 is due to come into force on 12 November 2018.
In September, Land Information New Zealand (LINZ) submitted the final draft regulations to support the Land Transfer Act 2017 (LTA) to Cabinet for consideration. Subject to approval from the Governor-General, these regulations will come into effect from 12 November 2018.
The Registrar-General of Land has revised the draft standards and the directive to take into account the feedback to LINZ during the final consultation stages. These will be published on the LINZ website on Thursday 11 October 2018.
There are also new guidelines to provide more information on how to meet the requirements of these instruments - these will be published on the LINZ website the week of 15 October 2018.
To help lawyers, conveyancers, legal executives and others understand the changes, information on the new Act has been presented at various seminars and events over the course of this year. A further seminar roadshow is being delivered in conjunction with NZLS CLE later this month.
We are also developing a factsheet for surveyors, one for lawyers and legal executives, and another for local councils, to highlight the key changes relevant to each group. You can find the surveyor’s factsheet on our website. The remaining two factsheets, along with any transitional guidance, will be available on the website and provided to the relevant member organisations, towards the end of October.
The Landonline application will also be updated to reflect these changes. Further guidance on this will be available towards the end of October.
The new Act will ensure New Zealand can continue to rely on a modern, world-leading land transfer system. The Act will bring the key changes below:
- terminology changes
- a new definition of ‘fraud’ which effectively aligns it to current case law
- changes to the compensation rules regarding assessment/valuation of loss
- an exception which allows the court to restore a title to the former owner in cases of manifest injustice
- correction powers around compensation in cases where landowners haven’t taken reasonable care in managing their property
- land covenants in gross can be permitted
- non-disclosure provisions to suppress landowners details on the grounds of safety.
We will continue to update the LINZ website and Landonline throughout October with more information
The Citrix Server software that provides access to Landonline Workspace will soon be getting an upgrade. To avoid potential issues we are encouraging users with older versions of Citrix Receiver to upgrade now.
We are aware that a significant number of you are on unsupported version of Citrix Receiver, so we strongly recommend that if you are using any version of Citrix prior to 4.9 you upgrade immediately to either the latest version of ‘Receiver’ or the latest version of ‘Receiver for Windows LTSR’.
A summary of feedback received on the Part 1 proposed changes to the Rules for Cadastral Survey is available on our website. ‘It’s very important to get a wide range of views prior to the development of draft rules and I would like thank everyone who took the time to provide feedback,’ says Acting Surveyor-General Anselm Haanen.
We are currently developing the Part 2 proposals and plan to consult with stakeholders again in early 2019. Some of the key topics include:
- The need for a CSD plan
- Water and Irregular boundaries
- Good Survey practice
- Hierarchy of evidence
- Defined by survey
- Marine cadastre.
Following feedback on the recent consultation on proposed changes to the Rules for Cadastral Survey (RCS) the Surveyor-General has reviewed the ruling LINZR65301 on official vertical datums for use in cadastral surveys.
From 1 January 2019 NZVD2016 will be an official vertical datum and NZVD2009 will cease to be an official datum. From this date all CSDs lodged must be in terms of the current 13 local vertical datums or the New Zealand wide NZVD2016 where a 3rd order or better vertical control mark is within 200m of a class A boundary point, or 500m of a class B boundary point defined by a reduced level [see rule 4.3(a) RCS 2010]. A significant number of additional 3rd order or better vertical control marks are now available and can be identified in the Vertical Marks layer in Landonline.
As a transitional measure, an alternative or assumed datum that is permitted to be used under rule 4.3(b) prior to 1 January 2019 may continue to be used where a survey commenced before that date. The transitional measure is valid for the period 1st January 2019 to 30th June 2019.
Further information on vertical datums, including questions and answers relating to the transition to NZVD2016 is available through the KnowledgeBase.
Our LINZ Hamilton office has moved to Level 3, 65 Bryce Street.
LINZ Hamilton office physical address:
65 Bryce Street
Our mailing address, phone and fax numbers remain the same:
Private Bag 3028
Phone: 0800 665 463
Fax (main): 07 858 5488
Fax (secondary): 07 858 5491
The contact details for all of our offices are available on our website.
Email: email@example.com or phone: 027 566 5251