Cadastral Survey Rules 2021

  • Rule 104 table 8 corrected on 5 October 2021 under section 25(1)(j)(iii) of the Legislation Act 2012.

Subpart 4—Boundary marking

35 Boundaries must be marked

(1)

A new boundary point on a new primary parcel must be marked, if practicable, unless—

(a)

it is a boundary point that is only between new parcels that are all intended to remain in the same Crown or territorial authority ownership; or

(b)

the Māori Land Court does not require the boundary to be marked; or

(c)

it is a boundary point that is only between parcels that are required to be, or as a result of the survey will be required to be, held in common ownership; or

(d)

it is on a boundary where the parcels on each side of that boundary are required to be, or as a result of the survey will be required to be, subject to reciprocal rights of way; or

(e)

it is unlikely that it will need to be physically located in the foreseeable future because of the terrain, ground cover, or protected vegetation; or

(f)

it is a boundary point that results from an existing irregular boundary, water boundary, or water centre-line boundary that is being converted to a class B right-line boundary; or

(g)

it coincides with a water boundary or a water centre-line boundary.

(2)

The following boundary points on an existing boundary of a new primary parcel must be marked, if practicable:

(a)

a boundary point that is subject to conflict:

(b)

an existing boundary whose definition in an approved CSD is insufficient to enable its compliance with the applicable accuracy standard to be determined:

(c)

an existing boundary that is only defined on a diagram on transfer:

(d)

an existing boundary of a parcel whose limitation as to parcels is being uplifted:

(e)

an existing boundary of a parcel to support an application to make a Hawke’s Bay interim title conclusive:

(f)

an existing boundary of a parcel that is subject to a claim for adverse possession:

(g)

an existing boundary or boundary point that was created on a Māori land CSD that is annotated “computed plan – areas and boundaries not defined by survey”:

(h)

a boundary point that was previously an unmarked non-primary parcel boundary point.

(3)

A boundary of a parcel that is to remain limited as to parcels must not be marked unless it is also part of a parcel that is required by subclause (2)(d) to be marked.

Compare: SR 2010/492 r 7.1