Cadastral Survey Rules 2021

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 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.

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.

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.

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.

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 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 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 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 10 (rule 122) revokes the Rules for Cadastral Survey 2010.