Section 53 of the Cadastral Survey Act 2002
Section 53 of the Cadastral Survey Act 2002 provides for the Surveyor-General to authorise a licensed cadastral surveyor to enter land to conduct a cadastral survey or install a survey mark. This enables the cadastral surveyor to enter and re-enter land at reasonable times, along with any reasonably necessary assistants, appliances, machinery, equipment, vehicles, boats and aircraft.
Authorisation is rarely required, because in most cases a licensed cadastral surveyor will be able to obtain a landowner’s permission without issue. However, where there are difficulties in obtaining permission, a licensed cadastral surveyor can apply to the Surveyor-General for authorisation.
Without this authorisation, a licensed cadastral surveyor has no more right to enter private land than any other member of the public. For all activities other than those authorised under section 53, licensed cadastral surveyors are subject to the same laws as anyone else.
Only currently licensed cadastral surveyors can be authorised to exercise the powers of entry conferred by section 53.
How to apply for authority to enter land
Please provide the following information when applying for authority:
- full name of the licensed cadastral surveyor
- physical address and appellation of the property concerned
- physical address and appellation of the land under survey
- purpose of the survey and the reason why access to the land is necessary
- proposed start and end date of the authority
- events that led up to the landowner’s refusal to permit entry to the land.
To apply, email this information to the Office of the Surveyor-General at:
osgmailbox@linz.govt.nz
We aim to respond to these requests within 10 working days.
Grant of authority
If authority is granted, this will be confirmed in a letter that sets out the conditions under which it can be exercised. We will also endeavour to contact the owner or occupier of the property concerned to inform them of the authority. However, the surveyor should still give notice as set out below.
Not general authority
Authority under section 53 is issued to a named licensed cadastral surveyor. It is not a general right of entry to all land, and can only be exercised at reasonable times within the timeframe permitted by the authority.
Authority under section 53 only extends to assistants when they are accompanying the licensed cadastral surveyor with the authority.
Entry to buildings not included
Authorisation by the Surveyor-General under section 53 cannot be used to enter a house or other building. This requires a warrant issued by a District Court Judge.
Reasonable notice
A licensed cadastral surveyor authorised under section 53 must, if practicable, give reasonable notice to the occupier of their intention to enter the land and conduct a cadastral survey or install a survey mark.
The licensed cadastral surveyor must produce evidence of their identity and authority when first entering the land if practicable, and “whenever subsequently reasonably requested to do so.”
Misuse of authority
Any person (such as a land owner or occupier) who believes that the powers conferred under section 53 have been exercised unreasonably can seek legal advice or make a complaint of professional misconduct to the Cadastral Surveyors Licensing Board.
Cadastral Surveyors Licensing Board
Difficulties in obtaining access to private property
Sometimes, property owners do not understand why a licensed cadastral surveyor may need to access their property and may refuse to give permission. We’ve produced resources to help licensed cadastral surveyors explain why they may need to go on to private property, and what the property owner’s rights are (see below).
Authority to enter for a public work
An authority to enter onto land for the purpose of carrying out a survey in relation to a public work is also available in some situations. A surveyor can seek authority under Part 7 of the Public Works Act 1981 from a Minister of the Crown, a local authority, or a District Court, depending on the circumstances.