Cadastral Survey Rules 2021

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

Explanatory note

This note is not part of the rules, but is intended to indicate their general effect.

These rules, which come into force on 30 August 2021, reform and replace the Rules for Cadastral Survey 2010 (the 2010 rules).

Part 1Preliminary provisions

Part 1 states the purpose of these rules, provides for transitional, savings, and related provisions (as set out in Schedule 1), and provides that the dictionary in Schedule 2 defines terms used in these rules.

Part 2Duty of surveyor

Part 2 states the duty of a surveyor when defining a boundary by survey. The duty was stated in similar terms in rule 6.1 of the 2010 rules.

Part 3Boundaries

Subpart 1 contains substantive definitions of the terms arc boundary, height-limited boundary, irregular boundary, right-line boundary, water boundary, and water centre-line boundary. Notable features include—

  • requiring the survey of an existing water boundary to account for erosion:

  • allowing an existing water boundary to be adopted as an irregular boundary where it has moved by avulsion or artificial diversion:

  • adding a water centre-line boundary as a new form of boundary:

  • replacing the term stratum boundary with the term height-limited boundary.

Subpart 2 states which boundaries and boundary points must be defined by survey and provides how existing boundaries may be adopted or accepted. Notable features include—

  • removing the previous requirement to define by survey a class A boundary point on a parcel less than 0.4 ha:

  • linking the requirements to define by survey directly to the requirement to mark a boundary point:

  • removing the requirement to define by adoption:

  • giving adoption the ability to incorporate verified information from a cadastral survey dataset (a CSD) that was lodged for recording purposes only:

  • allowing water or water centre-line boundaries to be accepted if they are part of a parcel that is to retain its limited or interim status.

Part 4Field survey

Subpart 1 relates to horizontal datum and vertical datum. Notable features include,—

  • if magnetic bearings are included in a CSD, requiring them to be expressed in terms of the chosen horizontal projection:

  • requiring every new boundary point on a new primary parcel to be connected to a cadastral survey network mark, with new distance criteria:

  • no longer permitting alternative or assumed vertical datums:

  • where a new height-limited boundary point is defined by a reduced level, requiring a vertical control mark to be included in the survey, with new distance criteria.

Subpart 2 states accuracy standards for surveys. Notable features include—

  • requiring a single-tier specification of accuracy:

  • setting a new vertical accuracy standard that applies to the slope distance between new and old non-boundary marks:

  • setting a new accuracy standard that applies between adopted cadastral survey network marks and old or new non-boundary marks:

  • setting a new accuracy standard that applies between vertical control marks and height-limited boundary points:

  • capping all non-boundary accuracy standards at 0.20 m:

  • reducing the horizontal accuracy tolerance for boundary referencing from 0.04 m to 0.03 m:

  • no longer specifying classes for water, water centre-line, and irregular boundaries:

  • where a right-line boundary intersects a water, a water centre-line, or an irregular boundary, requiring the bearing to be class A, B, or C and the distance to be class D.

Subpart 3 provides for reference marks. Notable features include—

  • replacing the requirement for witness marks with a stronger requirement for 3 permanent reference marks (PRMs) within the specified distances:

  • requiring PRMs to be placed to remain usable in the foreseeable future, but no longer specifying a 50-year term:

  • requiring at least 2 PRMS to have reduced levels when referencing a height-limited boundary point.

Subpart 4 provides for boundary marking. Notable features include—

  • requiring all new boundary points on a Māori Land CSD to be marked:

  • no longer providing for the adoption of boundary points of a parcel whose limitation as to parcels is being removed (previously an exemption was provided in guidance):

  • requiring an existing boundary that is only defined on a diagram on transfer to be marked:

  • requiring an unmarked non-primary parcel that is converted to a primary parcel to be marked:

  • clarifying that new boundary points coinciding with water or water centre-line boundaries do not need to be marked:

  • expressly providing for disturbed boundary marks to be removed and driven below the ground.

Part 5Parcels

This Part relates to parcels. Notable features include—

  • requiring an area to be assigned to each portion of land claimed as dry stream bed or adverse possession:

  • requiring a proposed unit created under former survey regulations to retain its appellation:

  • providing new parcel type components for height-limited parcel appellations:

  • providing that parcel identifiers for unit appellations may also be a letter followed by a number.

Part 6Non-primary parcels

This new Part has been introduced to separate the requirements for non-primary parcels.

Subpart 1 relates to the forms of boundary applicable to non-primary parcels. Notable features include—

  • requiring the form of a boundary to be the same as the underlying primary parcel:

  • allowing an existing irregular boundary on a non-primary parcel to remain irregular.

Subpart 2 relates to parcels. Notable features include—

  • allowing a non-primary parcel to cross a primary parcel boundary, but not an estate boundary:

  • if part of an easement or a covenant is surrendered, requiring both the portion to remain and the portion to be surrendered to be defined (if the underlying parcel is not being created by the survey):

  • requiring all centre-line easements to be represented as a polygon where the width is known.

Subpart 3 relates to the application of accuracy standards. Notable features include—

  • allowing an inaccurate relationship between the non-primary parcel and the underlying primary parcel, subject to specific survey requirements:

  • requiring class D boundaries on an existing non-primary parcel to be upgraded where the primary parcel is being created with class A boundaries:

  • allowing class C parcel boundaries of new easements to be used if the estate record is greater than 100 ha and the underlying parcel is not being created by the survey:

  • providing reduced survey requirements where an inaccurate relationship between a class C non-primary parcel and the underlying primary parcel has been determined:

  • allowing an existing non-primary parcel boundary to be accepted if it is within a primary parcel that is accepted:

  • adding a decision tree to illustrate where the different accuracy and survey requirements apply for non-primary parcels.

Subpart 4 relates to permanent structure boundaries. Notable features include—

  • allowing a permanent structure boundary to be used to define a covenant as well as an easement:

  • providing simplified methods for defining the location of permanent structure boundaries and the accuracies of those boundaries.

Subpart 5 relates to existing unit and lease developments. A notable feature is that a CSD deposited in substitution for a previously deposited CSD must retain the same number.

Subpart 6 relates to height-limited boundaries. Notable features include—

  • requiring height-limited easements, covenants, and leases to be connected to a vertical control mark, but not to be referenced to a PRM:

  • requiring subsequent stages of a unit development to continue to be in terms of the previously deposited CSD:

  • if an unofficial datum is used, requiring a vertical control mark to be provided with a reduced level in terms of the unit title development.

Subpart 7 relates to boundary marking and reference marks. Notable features include—

  • clarifying that non-primary parcels are not required to be marked:

  • confirming that reference mark requirements apply to a new or an old mark on a class A or class B boundary point.

Subpart 8 is new and contains specific requirements for non-primary parcels over water. The survey requirements have been aligned to those used when determining an inaccurate relationship under subpart 3.

Part 7Cadastral survey datasets

Subpart 1 relates to generic CSD requirements. Notable features include—

  • simplifying the content of a CSD:

  • requiring a CSD to include a dataset description:

  • requiring a CSD to include all relevant field information and an accurate record of the location of a water boundary:

  • no longer requiring an origin mark because there is now a mandatory connection to vertical control marks that must record a reduced level:

  • requiring a survey report to include a reference to relevant enactments if the survey is to remove the limited or interim status of a title, an adverse possession, an accretion, a dry stream bed claim, or legalisation:

  • no longer requiring the reasons for accepting a boundary:

  • providing for requirements about reporting on ground movement to be covered in decisions referred to in rule 72(i):

  • requiring a survey report to include relevant information as to why the physical margin of a water body is no longer coincident with an adopted water boundary:

  • clarifying the meaning of source CSD for adoptions.

Subpart 2 relates to the record of survey, which was previously referred to as the CSD plan. Notable features include—

  • requiring the date on which the survey was completed:

  • requiring a dataset description:

  • requiring the CSD number and sheet numbers:

  • requiring all occupation information to be provided in graphic form:

  • requiring occupation information whenever a boundary is required to be marked:

  • requiring an annotation if there is no occupation:

  • applying unique survey mark name requirements to boundary marks as well as to non-boundary marks:

  • allowing an existing survey mark to be made unique by adding an identifier within round brackets:

  • requiring attribute data (that a mark has been disturbed, renewed, removed, impracticable to mark, searched for and not found, or destroyed) to be recorded against the survey mark:

  • clarifying the description information required for PRMs.

Subpart 3 relates to survey diagram requirements. Notable features include—

  • renaming the diagram of survey as the survey diagram:

  • clarifying that the vertical extent of all parcels must be shown:

  • no longer requiring parcel information for unit and cross lease developments to be depicted on the survey diagram:

  • simplifying how height-limited boundaries are described:

  • grouping survey diagram annotations together in 2 tables:

  • clarifying and simplifying requirements for vectors shown on the survey diagram and removing the separate requirement for sufficient vectors to be included in the CSD:

  • no longer requiring boundary dimensions.

Subpart 4 relates to title plan requirements. Notable features include—

  • renaming the diagram of parcels as the title diagram:

  • including a requirement to record easements to be surrendered and covenants revoked:

  • requiring easement schedules to refer to burdened and benefited land to reflect the Land Transfer Act 2017:

  • requiring a title plan for legalisation purposes to include an area schedule.

Subpart 5 relates to title diagram requirements. Notable features include—

  • no longer requiring a non-primary parcel to be depicted in terms of the entire underlying parcel:

  • clarifying when a title diagram needs to depict existing non-primary parcels:

  • requiring a title diagram to include information relating to height-limited boundaries:

  • grouping title diagram annotations together in 2 tables:

  • adding annotations related to non-primary parcels, accepted boundaries, and water boundaries:

  • requiring a title diagram to include bearings:

  • simplifying requirements for depicting an existing non-primary parcel.

Part 8Ground movement

Part 8 simplifies the survey requirements relating to ground movement. Notable features include—

  • extending the definition of the term affected to all forms of ground movement:

  • replacing the definition of the term deep-seated movement with a definition of the term fault zone movement:

  • requiring all affected primary parcel boundaries to be defined by survey and ground marked, unless they can be accepted:

  • retaining provisions for defining non-primary parcels in greater Christchurch:

  • clarifying provisions for defining non-primary parcels in other areas of ground movement:

  • including all annotations relating to ground movement in the annotation tables for survey and title diagrams.

Part 9Boundary reinstatement

Part 9 relates to boundary reinstatement. Notable features include—

  • not allowing certain boundaries to be reinstated:

  • allowing boundary reinstatement to be simple or complex, with specific provisions for each:

  • requiring a complex boundary reinstatement to be used in specific circumstances:

  • confirming that reference marks are not required for a simple reinstatement CSD:

  • simplifying reporting requirements for a simple reinstatement CSD:

  • reducing diagram requirements for a simple reinstatement CSD:

  • adding a decision tree to illustrate where complex and simple reinstatement surveys can be used.

Part 10Revocation

Schedules

Schedule 1 contains a savings provision relating to surveys commenced before these rules come into force. These surveys may be completed in accordance with the 2010 rules as long as the CSD is lodged before 25 February 2022.

Schedule 2 contains a dictionary of terms used in these rules.

Schedule 3 contains the official geodetic datum and projections previously contained in LINZR65300. The provisions are unchanged.

Schedule 4 contains a standard for cadastral survey network marks previously contained in LINZR65302. The provisions are unchanged.

Schedule 5 contains official vertical datums previously contained in LINZR65301. The provisions are unchanged.

Schedule 6 contains a standard for vertical control marks previously contained in LINZR65303. The provisions are unchanged.

Schedule 7 contains provisions relating to diagram symbols, line styles, and text. Notable features include—

  • specifying a new symbol for cadastral survey network marks and vertical control marks:

  • confirming that the same symbol for a peg is to be used where a boundary mark is placed in a post:

  • specifying a new line style for reinstated boundaries:

  • clarifying the line style for exterior primary parcel boundaries depicted on unit and cross lease developments:

  • specifying a new line style for proposed unit developments:

  • specifying a new line style for a territorial authority boundary.