Cadastral

Question 1

What is a diagram on transfer?

Answer 1

• a diagram contained in a transfer document (or other instrument), illustrating a portion of land in a title that has been transferred out.

Question 2

What is limited as to parcels and how did it come about?

Answer 2

• where the survey on which the existing deeds were based was not sufficiently accurate or well enough documented for the Registrar to issue an ordinary title.
• arose from the Land Transfer (Compulsory Registration of Titles) Act 1924.

Question 3

What is limited as to title and why don’t you see them now?

Answer 3

• where the actual evidence of title (ownership) was not sufficient to justify the Registrar to issue an ordinary title.
• arose from the Land Transfer (Compulsory Registration of Titles) Act 1924.

Question 4

Land transfer history in NZ - Key Stages

Answer 4

1. Deeds system
2. Land Transfer Act 1870 “Torrens system”
3. Land Transfer (Compulsory Registration of Titles) Amendment Act 1924
4. Land Transfer Act 1952
5. Land Transfer Act 2017

Question 5

What is the concept of indefeasibility of title?

Answer 5

• it protects the registered owner against claims of a competing owner, and against interests, not appearing on the register (title).
• Mirror principle: the register accurately and completely mirrors the state of the title.
• Curtain principle: purchasers should not concern themselves with trusts and other interests lying behind the curtain of the register.
• Insurance principle: provides state guarantee to the title and provides for losses incurred as a result of errors.

Question 6

What is a residue parcel?

Answer 6

• Parcel of land that remains after a limitation as to parcels is removed or adverse posession claimed.

Question 7

When should occupation be considered to be relevant?

Answer 7

• Old and undisputed.
• ‘Old occupation’ must be a physical feature placed prior to or near the time of the original survey, and on the line of the original surveyed boundaries.

Question 8

What is the hierarchy of evidence?

Answer 8

1. Natural boundaries
2. Monumented lines (original marks)
3. Old occupation (long and undisputed)
4. Abuttalls
5. Mathematical evidence of position.

Question 9

Who is in charge of issuing titles in NZ?

Answer 9

• Land Information New Zealand?

Question 10

What legislation is commonly used for subdivisions?

Answer 10

• Land Transfer Act 2017
• Cadastral Survey Act 2002
• Unit Titles Act 2010
• Rules for Cadastral Survey 2021
• Resource Management Act 1991
• Te Ture Whenua Maori Act 1993
• Marine and Coastal Area Act 2011

Question 11

What legislation was used for Scheme Plan 20?

Answer 11

• Health and Safety at Work Act 2015
• Greater Christchurch Regeneration Act 2016
• Canterbury Property Boundaries and Related Matters Act 2016
• Rules for Cadastral Survey 2010

Question 12

What is the basis of the Cadastre?

Answer 12

• is the official record of cadastral surveys that define the location of boundaries and land interests.
• includes the marks themselves, survey plans, measurements, and other supporting documents.

Question 13

Water bounday

Answer 13

• follows the landward margin of a river/lake/tidal area
• they are ambulatory (change over time)

Question 14

Esplanade Strips

Answer 14

• are a legal instrument created between a land owner and a territorial authority.
• registered on the title.
• land remains in the ownership of the land owner.

Question 15

Esplanade Reserves

Answer 15

• may be required when land is subdivided/developed/reclaimed.
• ownership is transferred to the territorial authority.

Question 16

Marginal Strips

Answer 16

• strips of land adjoining the coast
• strips of land adjoining lakes larger than 8ha in area
• strips of land adjoining rivers greater than 3m in width
• administered by the Department of Conservation
• usually 20m wide

Question 17

What are the types of Maori land?

Answer 17

• Maori freehold land (converted to freehold title by the Maori Land Court)
• Maori customary land (held in accordance with tikanga maori)

Question 18

When would you recalculate a boundary?

Answer 18

• closes outside of accuracy tolerances.

Question 19

What is required if you are recalculating a boundary?

Answer 19

• both ends defined by survey and monumented.

Question 20

When would you recalculate a non-boundary vector?

Answer 20

• when the new measured vector differs by more than the expected accuracy of the equipment used.
• think accuracy expected from peg to witness mark compared to witness mark to witness mark.

Question 21

Marine and coastal area (compared to common marine and coastal area)

Answer 21

• area between the line of mean high water springs (landward boundary of the part of the beach covered by the ebb and flow of the tide) and outer limits of the territorial sea.
• common marine and coastal area is the above excluding specified freehold land, conservation area/national park/reserve, and the bed of the Te Whaanga Lagoon i.e. no one owns it.

Question 22

How do you determine mean high water springs?

Answer 22

• Guidance notes on niwa website
• Long term average of the highest high tide mark
• Aerials, visual signs of erosion, vegetation changes, tide levels.

Question 23

Decribe the subdivision process.

Answer 23

1. Feasibility
2. Scheme plan
3. Consent
4. Land transfer survey
5. Certification

Question 24

Do you show your origin on the plans?

Answer 24

• No.
• Meridional cicuit listed in the record of survey.
• Reported on in the survey report.

Question 25

What are examples of good survey practice?

Answer 25

• Check shots
• Double tie-ing to marks
• Geometry of traverses
• Mark placement in suitable locations
• Not doing the bare minimum, doing what will give the best/most reliable result and what is for the betterment of the cadastre

Question 26

When do you use bearing corrections?

Answer 26

• To bring an underlying plan/vector in terms of the new survey orientation.
• Vector needs to be of sufficient length to calculate a correction.
• Requires other supporting evidence e.g. other surveys with the same survey orientation as the new survey, corroborating vectors

Question 27

When would you engage a solicitor?

Answer 27

Good practice to engage them as soon as possible in the subdivision process. I.e. when the subdivision application plan has been created.
Also engaged once the draft title plan has been draughted.