Part 5: Parcels

Question 1

Subpart 1 Rule 38: Primary parcel boundaries?

Answer 1

[38] Primary parcel boundaries

(1) The horizontal extent of a primary parcel must be defined by—
(a) a right line boundary; or
(b) an arc boundary; or
(c) an irregular boundary; or
(d) a water boundary; or
(e) a water centre-line boundary.
(2) The vertical extent of a primary parcel, where the vertical extent is limited, must be defined by a height-limited boundary.

Question 2

Subpart 2 Rule 39: Accounting for primary parcels?

Answer 2

[39] Accounting for primary parcels

(1) This rule applies if a CSD creates a new primary parcel.
(2) All land in existing primary parcels being extinguished must be included in 1 or more new primary parcels, residue parcels, or balance parcels.
(3) If the new primary parcel has a height-limited boundary, all space occupied by existing primary parcels being extinguished must be included in 1 or more new primary parcels, residue parcels, or balance parcels.

Question 3

Subpart 2 Rule 40: Width of parcels?

Answer 3

[40] Width of parcels

(1) A new primary parcel must be at least—
(a) 0.10 m wide if its boundaries are class A; or
(b) 0.20 m wide if its boundaries are class B, C, or D.
(2) However, subclause (1) does not apply to an existing parcel that is already under-width, a balance parcel, or a residue parcel.

Question 4

Subpart 2 Rule 41: Parcel areas?

Answer 4

[41] Parcel areas

(1) An area must be assigned to a primary parcel unless it is a residue parcel or balance parcel, and the area must include the areas of all movable marginal strips in that primary parcel.
(2) An area must be assigned to a parcel intended for lease unless the parcel is defined by 1 or more permanent structure boundaries.
(3) An area must be assigned to a portion of land being claimed as accretion, dry stream bed, or adverse possession.
(4) If a parcel requires an area under this rule and its shape varies with height, the required area is the area of the polygon described by the extent of the parcel when vertically projected onto the horizontal plane.
(5) An area assigned to a parcel—
(a) must be correctly calculated from its boundary information; and
(b) must be expressed in hectares; and
(c) must not be less than 0.0001 ha; and
(d) may be rounded to 1 part in 1,000 or 0.0001 ha, whichever is greater.

Question 5

Subpart 3 Rule 42: General land appellation?

Answer 5

[42] General land appellation

(1) A new parcel (except a parcel of Maori freehold land, a balance parcel, or a residue parcel) must be identified in a CSD using the following components in the order stated:
(a) a parcel type (see rule 43)
(b) a unique parcel identifier (see rule 45)
(c) the CSD number.
(2) Appellations for the following parcels must have the prefix “Part”:
(a) a balance parcel:
(b) a residue parcel, except a residue parcel to which subclause (4) applies.
(3) An existing appelation for a proposed unit created under a former Act or former survey regulations must retain its appellation.
(4) A residue parcel that is being defined as the bed of a lake, river, or part of the common marine and coastal area must not be given an appellation.

Question 6

Subpart 3 Rule 43: Parcel type components?

Answer 6

[43] Parcel type components

The parcel type component of an appellation in rule 42(1)(a) must be as specified in table 3.

Table 3: Parcel type component of appellation

Type of parcel Parcel type component
Primary parcel in a Land Transfer CSD “Lot”
– –with a height-limited boundary “Height-Limited Lot”
Primary parcel in a Survey Office CSD “Section”
—with a height-limited boundary “Height-Limited Section”
Unit title development As appropriate,—
(a) “Principal Unit”:
(b) “Accessory Unit”:
(c) “Future Development Unit”:
(d) “Common Property”
Movable marginal strip parcel “Marginal Strip”
Esplanade strip parcel “Esplanade Strip”
Any other non-primary parcel “Area”
—with a height-limited boundary “Height-Limited Area”

Question 7

Subpart 3 Rule 44: Maori land appellation?

Answer 7

[44] Maori land appellation

(1) A new parcel of Maori freehold land in a CSD mus tbe described using the following components in the order stated:
(a) a block name:
(b) a unique parcel identifier (see rule 45):
(c) the CSD number.
(2) However, an alternative legal description that has been confirmed by the Maori Land Court may be used for the components in subclause (1)(a) and (b).

Question 8

Subpart 3 Rule 45: Unique parcel identifier?

Answer 8

[45] Unique parcel identifier

A unique parcel identifier must meet the following requirements:
(a) it must follow the format in table 4:
(b) its number must be a positive integer:
(c) a letter must be upper case:
(d) the parcel identifier must be unique within the CSD, despite the parcel type.

Table 4: Unique parcel identifier format
Parcel tenure type Unique parcel identifier format
Lot A number
Section A number
Māori Block A sequence of alternating letters and numbers
Unit as part of a unit title development A number, a number followed by a letter, or a letter followed by a number
Common property as part of a unit title development No identifier
Lease or licence A number, or a number followed by a letter
Right associated with any other non-primary parcel, including a movable marginal strip or an esplanade strip A letter, or a letter followed by another letter