2.0 Parts 1, 2, 4, 5 and 6 and Schedule 2 Cadastral Survey Act 2002

Question 1

What comprises “cadastral survey data” according to the interpretation of Section 4?

Answer 1

cadastral survey data -

(a) means information in or derived from cadastral surveys, and related information; and
(b) includes survey system information and tenure system information

Question 2

If, after conducting a hearing, the Cadastral Licensing Board is satisfied that a licensed cadastral surveyor is guilty of professional misconduct, the Board may do 1 or more of 3 things. What 3 things, in addition to ordering the cadastral surveyor pay costs and expenses, are available under Section 39 (2) for the Board to do as disciplinary action?

Answer 2

The Board may do 1 or more of the following:

(a) order that the cadastral surveyor’s licence be cancelled and the name of the cadastral surveyor be removed from the register:
(b) order that the cadastral surveyor’s licence, and his or her entitlement to obtain a renewal of the licence, be suspended for a period not exceeding 3 years:
(c) order that the cadastral surveyor may, for a period not exceeding 3 years, practice but only subject to any conditions as to employment, supervision, relevant training or education, or otherwise that the Board may specify in the order

Question 3

Section 47 details the general duties in relation to a cadastral survey. Who can undertake a cadastral survey and who is responsible for a cadastral survey?

Answer 3

General duties in relation to cadastral surveys

(1) A cadastral survey must be conducted by a cadastral surveyor or a person acting under the direction of a cadastral surveyor.
(2) In conducting a cadastral survey, a cadastral surveyor or a person acting under his or her direction must comply with this Part and any regulations, standards, and rules made under it
(3) A cadastral surveyor is responsible for a cadastral survey conducted by a person acting under his or her direction

Question 4

If an error is found in a cadastral survey dataset affecting any title under the Land Transfer Act 1952 or any title or tenure under any other Act, Section 52 of the Cadastral Survey Act provides the Surveyor-General with what powers to deal with such a situation?

Answer 4

If an error is found in a cadastral survey dataset affecting any title under the Land Transfer Act 1952 or any title or tenure under any other Act, the Surveyor-General may, in writing, require the cadastral surveyor responsible for the error to undertake, or arrange to be undertaken, the work necessary to correct the error within a time that the Surveyor General considers reasonable

Question 5

Section 53 of Act details aspects relating to powers of entry for cadastral survey purposes. What does this section authorise a cadastral surveyor to do and what requirements are to be met in undertaking what is authorised? What specifically does the section not permit a cadastral surveyor to do?

Answer 5

53 Powers of entry for cadastral survey purposes
(1) A cadastral surveyor authorised either generally or specifically by the Surveyor-General may, for the purpose of conducting a cadastral survey or the installation of a survey mark,—
(a) enter and re-enter any land at reasonable times, with or without any assistants, aircraft, boats, vehicles,
appliances, machinery, and equipment that are reasonably necessary for the conduct of the cadastral survey or to install the survey mark; and
(b) on any land, do all things necessary or required of him or her for the proper conduct of the cadastral survey or the installation of the survey mark.
(2) Before exercising any of the powers conferred by subsection (1) in respect of any land that is not a road, the person doing so must, if practicable, give reasonable notice to the occupier of the land of the intention to exercise those powers.
(3) Subsection (1) does not confer on any person the power to enter any dwelling/house or other building unless the entry is authorised by a warrant given by a District Court Judge on written application on oath, which must not be granted unless the Judge is satisfied that reasonable efforts have been made to obtain consent to the entry and that the entry is necessary for the purpose of conducting a cadastral survey.
(4) A person exercising any power under subsection (1) must produce evidence of his or her identity and authority to exercise the powers conferred by this section—
(a) if practicable on first entering the land or premises; and
(b) whenever subsequently reasonably requested to do so.

Question 6

One of the purposes of the Act is to promote and maintain the accuracy of the cadastre. What are the three ways that section 3 CSA specifies for doing this?

Answer 6

(i) requiring cadastral surveys to be done by, or under the direction of, licensed cadastral surveyors; and
(ii) requiring cadastral surveyors to meet standards of competence to be licensed; and
(iii) providing for the setting of standards for cadastral surveys and cadastral survey data.

Question 7

For the purposes of the Act, what does ‘cadastre’ mean?

Answer 7

Cadastre means all the cadastral survey data held by or for the Crown and Crown agencies.

Question 8

Who may receive a complaint alleging that a licensed cadastral surveyor has been guilty of professional misconduct?

Answer 8

The Cadastral Surveyors Licensing Board of New Zealand

Question 9

Schedule 2 CSA lists twelve circumstances where a cadastral surveyor can be found guilty of professional misconduct. List 6 of these circumstances.

Answer 9

A licensed cadastral surveyor is guilty of professional misconduct if the cadastral surveyor is found
(a) to have been negligent in the conduct of, or failure to conduct, any cadastral survey:
(b) to have certified to the accuracy of any cadastral survey or cadastral survey dataset without having personally carried out or directed the cadastral survey and the related field operations:
(c) to have certified to the accuracy of any cadastral survey or cadastral survey dataset without having carried out sufficient checks to ensure the accuracy of the entries in any field book and the accuracy of all calculations, working plans, and other cadastral survey records that may have been made by any person employed by him or her in relation to the cadastral survey:
(d) to have certified to the accuracy of any cadastral survey carried out by the cadastral surveyor or under his or her personal direction if the operation of pegging and ground marking, and all other requirements of the cadastral survey, have not been carried out in accordance with standards set under Part 5:
(e) to have certified to the accuracy of any cadastral survey or cadastral survey dataset, knowing it to be defective:
(f) to have made any entry in any field book or other record that purports to have been derived from actual observation or measurement in the field, if in fact it has not been so derived:
(g) to have supplied to the Surveyor-General or the chief executive any erroneous information in relation to any cadastral survey, cadastral survey mark, or boundary, knowing the information to be erroneous in any material particular:
(h) to have been convicted of any offence against section 31 or section 58(b) or (c):
(i) to have failed to comply with any conditions imposed by the Board under section 39(2)(c) or (7) or the High Court on any appeal against an order under section 39:
(j) to have failed to comply with any requirement imposed under section 52:
(k) to have persistently exercised the powers of entry conferred by section 53 in an unreasonable manner:
(l) to have failed, without reasonable cause, to perform any duty imposed on licensed cadastral surveyors by standards set by rules made under section 49.

Question 10

One purpose of the CSA is to provide for the maintenance of two systems that are critical to the determination of accurate positions and their relationships to one another in New Zealand.

(i) What are the terms used for these two systems in section 3 CSA?
(ii) What does each of these terms mean according to section 4 CSA?
(iii) Who is responsible for maintaining these systems, pursuant to section 7 CSA?

Answer 10

(i) A national geodetic system and a national survey control system.
(ii) (national) geodetic system means a system that enables positions on the surface of the Earth to be determined by reference to a mathematical model that describes the size and shape of the Earth;
national survey control system means a system used to determine the position of points, features, and boundaries in cadastral surveys, other surveys, and land information systems.
(iii) The Surveyor-General

Question 11

Pursuant to section 9 CSA, the Chief Executive of Land Information New Zealand has responsibility for seven functions. List four of these functions

Answer 11

For the purposes of this Act, the functions of the chief executive are—

(a) to determine whether cadastral survey datasets and cadastral surveys comply with standards set (by the Surveyor-General) under section 7(1)(c):
(b) to provide facilities to receive cadastral survey datasets:
(c) to set conditions for the use of the facilities referred to in paragraph (b):
(d) to integrate new cadastral surveys into the cadastre:
(e) to determine the structure of, and to store and provide access to, cadastral survey data:
(f) to audit compliance with conditions set under paragraph (c):
(g) to exercise any other functions conferred on the chief executive by this Act or the Minister.

Question 12

Pursuant to Schedule 2 CSA, a licensed cadastral surveyor is guilty of professional misconduct if the cadastral surveyor is found by the Cadastral Surveyors Licensing Board to have wrongly certified to the accuracy of any cadastral survey or cadastral survey dataset in four specific circumstances. List these four circumstances.

Answer 12

A licensed cadastral surveyor is guilty of professional misconduct if the cadastral surveyor is found

(b) to have certified to the accuracy of any cadastral survey or cadastral survey dataset without having personally carried out or directed the cadastral survey and the related field operations:
(c) to have certified to the accuracy of any cadastral survey or cadastral survey dataset without having carried out sufficient checks to ensure the accuracy of the [entries in any field book and the accuracy of all calculations, working plans, and other] cadastral survey records that may have been made by any person employed by him or her in relation to the cadastral survey:
(d) to have certified to the accuracy of any cadastral survey carried out by the cadastral surveyor or under his or her personal direction if the operation of pegging and ground marking, and all other requirements of the cadastral survey, have not been carried out in accordance with standards set under Part 5:
(e) to have certified to the accuracy of any cadastral survey or cadastral survey dataset, knowing it to be defective:

Question 13

If, after conducting a hearing, the Cadastral Surveyors Licensing Board is satisfied that a licensed cadastral surveyor is guilty of professional misconduct, the Board
may do 1 or more of 3 things. What 3 things, apart from ordering the cadastral surveyor to pay costs and expenses, are available under Section 39(2) for the Board to do as disciplinary action?

Answer 13

The Board may do 1 or more of the following:
(a) order that the cadastral surveyor’s license be
cancelled and the name of the cadastral surveyor be removed from the register:
(b) order that the cadastral surveyor’s license, and his or her entitlement to obtain a renewal of the license, be suspended for a period not exceeding 3 years:
(c) order that the cadastral surveyor may, for a period
not exceeding 3 years, practice but only subject to any conditions as to employment, supervision, relevant training or education, or otherwise that the Board may specify in the order.

Question 14

What are the definitions for “cadastre” and “cadastral survey dataset” as specified in Section 4 Cadastral Survey Act 2002?

Answer 14

“Cadastre” means all the cadastral survey data held by or for the Crown and Crown agencies.
“Cadastral survey dataset” means the set of cadastral survey data necessary to integrate a cadastral survey into the cadastre.

Question 15

Section 7 Cadastral Survey Act 2002 deals with functions and duties of the Surveyor General. In exercising his or her functions under subsection (2), the Surveyor-General must have regard to four matters. What are they?

Answer 15

(a) the risks to the Crown and owners of interests in land of inaccuracies in cadastral surveys; and
(b) the efficiency and effectiveness of measures to manage risks to the accuracy of cadastral surveys; and
(c) the efficiency with which the costs and benefits of those measures will be allocated among the Crown, cadastral surveyors, current and future owners of land, and other parties; and
(d) the use of cadastral survey data for purposes other than cadastral surveys.

Question 16

Section 54 Cadastral Survey Act 2002 deals with obstruction of a cadastral surveyor whereby a person commits an offence who knowingly obstructs or hinders that cadastral surveyor, or a person assisting that cadastral surveyor, from carrying out certain activities. Provide the three activities as stipulated in this section.

Answer 16

(a) performing the cadastral surveyor’s duties and functions in relation to a cadastral survey; or
(b) ascertaining or marking out a boundary or cadastral survey line; or
(c) fixing, placing, restoring, repairing, or setting up a cadastral survey mark.

Question 17

The offence of placing false cadastral survey marks is dealt with under Section 56 Cadastral Survey Act 2002. What are the criteria set out in this section that determine placement of a peg or mark to be an offence?

Answer 17

(a) that is not a cadastral survey mark properly placed; and
(b) with the intention of causing any person to believe that it is a cadastral survey mark placed in that position for the purposes of a cadastral survey

Question 18

An infringement offence as defined under Section 59 Cadastral Survey Act 2002 is an offence under any of Sections 54 to 57 Cadastral Survey Act 2002. List the four types of offences under these sections.

Answer 18

Section 54 – Obstruction of cadastral surveyor
Section 55 – Interference with survey marks
Section 56 – False cadastral survey marks
Section 57 - Unlicensed persons not to act as licensed cadastral surveyors

Question 19

What are the two definitions for “licensed cadastral surveyor” or “cadastral surveyor” as specified in Section 4 Cadastral Survey Act 2002?

Answer 19

(a) licensed as a cadastral surveyor under Part 3; or

(b) deemed to be licensed as a cadastral surveyor under that Part

Question 20

Section 11(1) Cadastral Survey Act 2002 deals with the functions and duties of the Cadastral Surveyors Licensing Board. List six of the seven functions and duties of the Board.

Answer 20

(a) to maintain a register of cadastral surveyors licensed under this Act:
(b) to receive applications for licenses under this Act as cadastral surveyors and to issue licenses in proper cases:
(c) to set fees for the issue and renewal of licenses under this Act:
(d) to issue and update standards that persons applying for licenses, or the renewal of licenses, under this Act must meet:
(e) to investigate complaints about cadastral surveyors and take disciplinary action in appropriate cases under this Act:
(f) to provide statistical information to the Minister about cadastral surveyors as requested by the Minister:
(g) to perform any other functions or duties conferred on it by this Act or any other enactment.

Question 21

A person exercising any powers under Section 53(1) Cadastral Survey Act 2002 must produce evidence of his or her identity and authority to exercise the powers conferred within this section. List the two procedures that should be followed as stipulated under subsection 4.

Answer 21

(a) if practicable on first entering the land or premises; and
(b) whenever subsequently reasonably requested to do so.

Question 22

Section 58 Cadastral Survey Act 2002 deals with offences relating to terms implying that a person is a licensed cadastral surveyor and is therefore liable on conviction to be fined. List the three situations that this applies to

Answer 22

(a) not being a licensed cadastral surveyor, uses, or causes or permits to be used, written words, titles, or initials, or an abbreviation of words, title, or initials, that are intended to cause or may reasonably cause a person to believe that the person using them is a licensed cadastral surveyor or is qualified to act as a licensed cadastral surveyor:
(b) knowing that another person is not licensed under this Act, and with the intent to deceive, makes a statement or does an act calculated to suggest that the other person is a cadastral surveyor or is licensed under this Act; or
(c) with intent to deceive, makes use of a license issued to him or her or to another person under this Act.

Question 23

What is the maximum fine that can be imposed for anybody that commits an offence under Section 58 Cadastral Survey Act 2002?

Answer 23

Fine not exceeding $5000.

Question 24

Pursuant to Schedule 2 Cadastral Survey Act 2002, a licensed cadastral surveyor is guilty of professional misconduct if the cadastral surveyor is found in any proceedings or appeal under Part 4 of that Act. List six of these circumstances as to what these matters relate to.

Answer 24

(a) to have been negligent in the conduct of, or failure to conduct, any cadastral survey:
(b) to have certified to the accuracy of any cadastral survey or cadastral survey dataset without having personally carried out or directed the cadastral survey and the related field operations:
(c) to have certified to the accuracy of any cadastral survey or cadastral survey dataset without having carried out sufficient checks to ensure the accuracy of the entries in any field book and the accuracy of all calculations, working plans, and other cadastral
survey records that may have been made by any person employed by him or her in relation to the cadastral survey:
(d) to have certified to the accuracy of any cadastral survey carried out by the cadastral surveyor or under his or her personal direction if the operation of pegging and ground marking, and all other requirements of the cadastral survey, have not been carried out in accordance with standards set under Part 5:
(e) to have certified to the accuracy of any cadastral survey or cadastral survey dataset, knowing it to be defective:
(f) to have made any entry in any field book or other record that purports to have been derived from actual observation or measurement in the field, if in fact it has not been so derived:
(g) to have supplied to the Surveyor-General or the chief executive any erroneous information in relation to any cadastral survey, cadastral survey mark, or boundary, knowing the information to be erroneous in any material particular:
(h) to have been convicted of any offence against section 31 or Section 58(b) or (c):
(i) to have failed to comply with any conditions imposed by the Board under Section 39(2)(c) or 7 or the High Court on any appeal against an order under Section 39:
(j) to have failed to comply with any requirement imposed under Section 52:
(k) to have persistently exercised the powers of entry conferred by Section 53 in an unreasonable manner:
(l) to have failed, without reasonable cause, to perform any duty imposed on licensed cadastral surveyors by standards set by rules made under Section 49.

Question 25

What are the three main purposes of the Cadastral Survey Act 2002, as listed under Section 3 of that Act?

Answer 25

(a) to promote and maintain the accuracy of the cadastre by—
(i) requiring cadastral surveys to be done by, or under the direction of, licensed cadastral surveyors; and
(ii) requiring cadastral surveyors to meet standards of competence to be licensed; and
(iii) providing for the setting of standards for cadastral surveys and cadastral survey data; and
(b) to provide, either on an optional or mandatory basis, for the electronic lodging and processing of cadastral surveys; and
(c) to provide for a national geodetic system and a national survey control system to be maintained.

Question 26

What is the definition for the “national survey control system”, as specified in Section 4 Cadastral Survey Act 2002?

Answer 26

“National survey control system” means a system used to determine the position of points, features, and boundaries in cadastral surveys, other surveys, and land information systems.

Question 27

The Cadastral Surveyors Licensing Board may receive complaints of professional misconduct. What are the two types of complaints that can be received, as stated in Section 35(1) Cadastral Survey Act 2002?

Answer 27

(a) a licensed cadastral surveyor has been guilty of professional misconduct:
(b) a licensed cadastral surveyor is not entitled to be a licensed cadastral surveyor.

Question 28

Section 38(1) Cadastral Survey Act 2002 deals with the hearing of complaints against a licensed cadastral surveyor by the Cadastral Surveyors Licensing Board. What are the two criteria that the Board need to adhere to?

Answer 28

(a) must observe the rules of natural justice; and

(b) may receive evidence even though it would not be admissible in a court of law.

Question 29

Section 47 Cadastral Survey Act 2002 details the general duties in relation to a cadastral survey. Who can undertake a cadastral survey and who is responsible for a cadastral survey?

Answer 29

(1) A cadastral survey must be conducted by a cadastral surveyor or a person acting under the direction of a cadastral surveyor.
(2) In conducting a cadastral survey, a cadastral
surveyor or a person acting under his or her direction must comply with this Part and any regulations, standards, and rules made under it.
(3) A cadastral surveyor is responsible for a cadastral survey conducted by a person acting under his or her direction.

Question 30

If an error is found in a cadastral survey dataset affecting any title under the Land Transfer Act 2017 or any title or tenure under any other Act, Section 52(1) Cadastral Survey Act 2002 provides the Surveyor-General with what powers to deal with such a situation?

Answer 30

If an error is found in a cadastral survey dataset affecting any title under the Land Transfer Act 2017 or any title or tenure under any other Act, the Surveyor-General may, in writing, require the cadastral surveyor responsible for the error to undertake, or arrange
to be undertaken, the work necessary to correct the error within a time that the Surveyor-General considers reasonable

Question 31

Section 54 Cadastral Survey Act 2002 deals with obstruction of a cadastral surveyor whereby a person commits an offence who knowingly obstructs or hinders that cadastral surveyor, or a person assisting that cadastral surveyor, from carrying out certain activities. Provide the three activities as stipulated in this section.

Answer 31

(a) performing the cadastral surveyor’s duties and functions in relation to a cadastral survey; or
(b) ascertaining or marking out a boundary or cadastral survey line; or
(c) fixing, placing, restoring, repairing, or setting up a cadastral survey mark.

Question 32

List six circumstances, pursuant to Schedule 2 Cadastral Survey Act 2002, where a licensed cadastral surveyor is guilty of professional misconduct in any proceedings or appeal under Part 4 of that Act.

Answer 32

(a) to have been negligent in the conduct of, or failure to conduct, any cadastral survey:
(b) to have certified to the accuracy of any cadastral survey or cadastral survey dataset without having personally carried out or directed the cadastral survey and the related field operations:
(c) to have certified to the accuracy of any cadastral survey or cadastral survey dataset without having carried out sufficient checks to ensure the accuracy of the entries in any field book and the accuracy of all calculations, working plans, and other cadastral survey records that may have been made by any person employed by him or her in relation to the cadastral survey:
(d) to have certified to the accuracy of any cadastral survey carried out by the cadastral surveyor or under his or her personal direction if the operation of pegging and ground marking, and all other requirements of the cadastral survey, have not been carried out in accordance with standards set under Part 5:
(e) to have certified to the accuracy of any cadastral survey or cadastral survey dataset, knowing it to be defective:
(f) to have made any entry in any field book or other record that purports to have been derived from actual observation or measurement in the field, if in fact it has not been so derived:
(g) to have supplied to the Surveyor-General or the chief executive any erroneous information in relation to any cadastral survey, cadastral survey mark, or boundary, knowing the information to be erroneous in any material particular:
(h) to have been convicted of any offence against section 31 or section 58(b) or (c):
(i) to have failed to comply with any conditions imposed by the Board under Section 39(2)(c) or 7 or the High Court on any appeal against an order under section 39:
(j) to have failed to comply with any requirement imposed under section 52:
(k) to have persistently exercised the powers of entry conferred by section 53 in an unreasonable manner:
(l) to have failed, without reasonable cause, to perform any duty imposed on licensed cadastral surveyors by standards set by rules made under section 49.