Part 3: Boundaries Flashcards
Subpart 1 Rule 7: Right-line boundaries?
[7] Right-line boundaries
A right line boundary must follow the shortest distance between 2 boundary points.
Subpart 1 Rule 8: Arc boundaries?
[8] Arc boundaries
An arc boundary must follow part of the circumference of a horizontal circle.
Subpart 1 Rule 9: Irregular boundaries?
[9] Irregular boundaries
(1) An irregular boundary must follow an irregular line.
(2) An irregular boundary must not be used unless expressly allowed by these rules.
(3) An irregular boundary on a new primary parcel must be converted to 1 or more right-line boundaries unless it is—
(a) accepted in accordance with rule 15; or
(b) part of a new primary parcel that is—
(i) over 20 ha and comprises more than 80% of the existing primary parcel being extinguished; or
(ii) over 100 ha; or
(c) a former water boundary.
Subpart 1 Rule 10: Water boundaries?
[10] Water boundaries
Boundary to follow landward margin
(1) A water boundary must follow the landward margin of—
(a) a river bed or stream bed; or
(b) a lake bed: or
(c) a tidal area.
Accretion and erosion
(2) If a margin of a water body has moved as a result of accretion or erosion,—
(a) any erosion that affects the water boundary must be accounted for unless the boundary is accepted under rule 15; and
(b) subject to paragraph (a), the boundary may be adopted in its previously defined position if entitlement to accretion is not being claimed.
Avulsion and artificial diversion/reclamation
(3) If the margin of a water body has moved by processes other than accretion or erosion, the existing water boundary may be—
(a) adopted and set in its previously defined position as an irregular boundary; or
(b) converted to 1 or more right-line boundaries.
Subpart 1 Rule 11: Water centre-line boundaries?
[11] Water centre-line boundaries
(1) A water centre-line boundary follows the line midway between the landward margins of a stream river or river bed.
(2) An existing irregular boundary that followed the centre-line of a water body may be adopted in its previously defined position as a water centre-line boundary.
(3) A new boundary must not be a centre-line boundary.
Subpart 1 Rule 12: Height-limited boundaries?
[12] Height-limited boundaries
(1) A height-limited boundary must define the upper or lower extent of a parcel.
(2) The boundary must be—
(a) a surface that is mathematically described, if at least 1 point has a reduced level; or
(b) a surface of a water body or the bed of a water body.
Subpart 2 Rule 13: Boundaries and boundary points to be defined by survey?
[13] Boundaries and boundary points to be defined by survey
The following boundaries and boundary points must be defined by survey:
(a) a new water boundary or irregular boundary:
(b) a new boundary point:
(c) an existing irregular boundary, water boundary, or water centre-line boundary that is being converted into 1 or more right-line boundaries:
(d) an existing boundary or boundary point that is being marked or is required by rule 35(2) to be marked even if it is impracticable to mark.
Subpart 2 Rule 14: Information that may be adopted?
[14] Information that may be adopted
In these rules, information is adopted by incorporating in a CSD—
(a) information from an approved CSD; or
(b) in the absence of suitable CSD information, information from an estate record held by the tenure system manager; or
(c) information from a CSD that was lodged only for recording purposes, if the information is verified as complying with these rules.
Subpart 2 Rule 15: Acceptance of boundary?
[15] Acceptance of boundary
(1) In these rules, a boundary is accepted if the boundary is adopted without having to comply with an accuracy standard.
(2) An existing primary parcel boundary and its associated boundary points may be accepted if—
(a) there is no risk of the boundary encroaching on another parcel; and
(b) the boundary is part of a new primary parcel over 20 ha that comprises more than 80% of the existing primary parcel being extinguished; and
(c) any 1 of the following applies:
(i) the boundary is a right-line boundary that does not have a boundary bearing or a boundary distance in an approved CSD; or
(ii) the boundary has a magnetic bearing and the reorientation of the bearing cannot be determined without measurement; or
(iii) the boundary is part of the balance of a title that is to remain limited as to parcels or remain a Hawke’s Bay interim title and its boundary points do not meet the class C boundary accuracy stated in item (iii) of table 2 in rule 27(1); or
(iv) the boundary is an existing water boundary or water centre-line boundary that is part of the balance of a title that is to remain limited as to parcels or remain a Hawke’s Bay interim title; or
(v) the boundary is an existing irregular boundary.
(3) An existing boundary and boundary points of a balance parcel or residue parcel that is not common with another new parcel on the survey may be accepted.
(4) An existing boundary and its associated boundary points that are part of a new primary parcel over 100 ha and that are not in common with another new parcel on the survey that is 100 ha or less may be accepted.
