Part 6: Non-primary Parcels

Question 1

Subpart 1 Rule 46: Non-primary parcel boundaries?

Answer 1

[46] Non-primary parcel boundaries

(1) The horizontal extent of a non-primary parcel must be defined by—
(a) a right-line boundary; or
(b) an arc boundary; or
(c) a water boundary; or
(d) a water centre-line boundary; or
(e) an irregular boundary; or
(f) a permanent structure boundary.
(2) The vertical extent of a non-primary parcel, where the vertical extent is limited, must be defined by—
(a) a height-limited boundary; or
(b) a permanent structure boundary.
(3) A non-primary parcel boundary must be in the same form as the underlying parcel boundary with which it coincides.
(4) An irregular boundary must be used for the landward boundary of a moveable marginal strip or esplanade strip that is not coincident with a right-line boundary.
(5) A non-primary parcel boundary that coincides with the irregular landward boundary of a moveable marginal strip or moveable esplanade strip must also be irregular.
(6) An existing irregular boundary on a non-primary parcel does not have to be converted to right-lines.

Question 2

Subpart 2 Rule 47: Non-primary parcels crossing boundaries?

Answer 2

[47] Non-primary parcels crossing boundaries

A non-primary parcel may cross a primary parcel boundary, but must not cross an estate boundary.

Question 3

Subpart 2 Rule 48: Surrendering part of easement or revoking part of covenant?

Answer 3

[48] Surrendering part of easement or revoking part of covenant

If the underlying parcel is not being created by the survey and part of an existing easement or covenant parcel is to be extinguished, then both the part to remain and the part to be surrendered or revoked must be defined by new parcels.

Question 4

Subpart 2 Rule 49: Centre-line easements?

Answer 4

[49] Centre-line easements

An existing centre-line easement must be represented as a polygon or polyhedron unless the width of the easement is unknown or accepted under rule 54.

Question 5

Subpart 3 Rule 50: Classes A and B for non-primary parcels?

Answer 5

[50] Classes A and B for non-primary parcels

A non-primary parcel boundary and its associated boundary points must be Class A or Class B, as applicable under rules 22 and 23, unless a less accurate class is permitted by these rules.

Question 6

Subpart 3 Rule 51: Classes A and B with inaccurate relationship to underlying parcel?

Answer 6

[51] Classes A and B with inaccurate relationship to underlying parcel

(1) If the underlying parcel is not being created by the survey, the relationship of a non-primary parcel to the underlying primary parcel—
(a) may be inaccurately determined if Class B accuracies would normally apply:
(b) must be inaccurately determined if none of the underlying parcel boundaries meet the applicable accuracy standard.
(2) If subclause (1) or rule 110(3) has been applied,—
(a) the intersecting non-primary boundaries must be Class D and the coincident non-primary boundaries must be accepted; and
(b) bearings must be orientated in terms of an official geodetic projection applicable to the area; and
(c) the survey must be connected to a minimum of 2 nearby cadastral survey network marks; and
(d) the cadastral survey network marks may be adopted; and
(e) every class A non-primary parcel boundary point must be within 150m of a PRM; and
(f) every class B non-primary parcel boundary point must be within 500m of a PRM; and
(g) the survey must include at least 3 PRM’s, each within the applicable distance of a boundary point in paragraph (e) or (f); and
(h) every boundary point that is not class D must be connected by 1 or more vectors to at least 1 PRM.
(3) If the underlying parcel is not being created by the survey and the relationship of a non-primary parcel to the underlying parcel is being accurately determined, a non-primary boundary that intersects an underlying parcel boundary may be class D and the coincident boundaries may be accepted.
(4) If the underlying parcel is being created by the survey and the non-primary parcel intersects or coincides with as accepted boundary, the intersection must be class D and the coincident boundaries must be accepted.
(5) Class D boundaries on an existing non-primary parcel must be upgraded to class A if the underlying primary parcel is being created with class A boundaries.
(6) This rule does not apply if the non-primary parcel is for a unit or a lease.

Question 7

Subpart 3 Rule 52: Class C for non-primary parcels?

Answer 7

[52] Class C for non-primary parcels

(1) Class C accuracies may be used for boundaries and associated boundary points of a non-primary parcel where that boundary intersects or coincides with a boundary of a new primary parcel that is—
(a) over 20 ha and comprises more than 80% of the existing primary parcel being extinguished; or
(b) over 100 ha.
(2) Class C accuracies may be used for boundaries and associated boundary points of a parcel that is for a covenant that would otherwise require class B accuracies.
(3) Class C accuracies may be used for the boundaries and associated boundary points of a new non-primary parcel for an easement if the underlying parcel or parcels are—
(a) Not being created by the survey; and
(b) held in a single estate record with an area greater than 100 ha.

Question 8

Subpart 3 Rule 53: Class C with inaccurate relationship to underlying parcel?

Answer 8

[53] Class C with inaccurate relationship to underlying parcel

(1) If class C accuracies have been used for easement and covenant parcel boundaries defined under rule 52(2) or (3), the relationship to the underlying primary parcel may be inaccurately determined.
(2) In that case,—
(a) the intersecting non-primary boundaries must be class D and the coincident non-primary boundaries must be accepted; and
(b) bearings must be oriented in terms of an official geodetic projection applicable to the area; and
(c) the survey must be connected to a minimum of 2 nearby cadastral survey network marks; and
(d) the cadastral survey marks may be adopted; and
(e) every boundary point that is not class D must be connected by 1 or more vectors to a nearby cadastral survey network mark; and
(f) the horizontal accuracy between every boundary point that is not class D and an adopted cadastral survey network mark must not exceed 0.60m.

Question 9

Subpart 3 Rule 54: Acceptance of non-primary boundaries?

Answer 9

[54] Acceptance of non-primary boundaries

An existing non-primary parcel boundary and its associated boundary points may be accepted if it is within a primary parcel over 100 ha that has accepted boundaries.

Question 10

Subpart 3 Rule 55: Accuracy and survey requirements where underlying parcel not created by survey?

Answer 10

[55] Accuracy and survey requirements where underlying parcel not created by survey

The decision tree set out below illustrates the different accuracy and survey requirements that can apply if the underlying parcel is not being created by the survey.

[see table at https://www.legislation.govt.nz/regulation/public/2021/0095/latest/whole.html]

Question 11

Subpart 4 Rule 56: Permanent structure boundary?

Answer 11

[56] Permanent structure boundary

(1) A permanent structure boundary may be used only for a parcel that it intended for—
(a) a right under the Unit Titles Act 2010, if at least part of the permanent structure is on the same underlying parcel or parcels as the unit development, but may encroach onto an adjoining parcel; or
(b) a lease where the lease boundary is located in relation to the permanent structure, if at least part of the permanent structure is on the same underlying parcel as that lease, but may encroach onto an adjoining parcel; or
(c) a right over or appurtenant to a base right described in paragraph (a) or (b), if the right will expire before or at the same time as the base right, and at least part of the permanent structure is on the same underlying parcel as the base right; or
(d) an easement or a covenant whose use is directly related to the permanent structure and the right is expected to become redundant if that permanent structure ceases to exist.
(2) A permanent structure boundary must—
(a) follow a described part of a permanent structure; or
(b) be unambiguously defined in relation to points on the interior or exterior of a permanent structure.

Question 12

Subpart 4 Rule 57: Accuracy of permanent structure boundaries?

Answer 12

[57] Accuracy of permanent structure boundaries

(1) The accuracy between the points on a permanent structure boundary and any other boundary must not exceed the applicable tolerances for boundary points specified in rule 27.
(2) The relationship between all points on a permanent structure boundary and all points on the permanent structure must not exceed the applicable boundary referencing tolerances in rule 21.

Question 13

Subpart 5 Rule 58: Existing unit and lease boundaries may be accepted?

Answer 13

[58] Existing unit and lease boundaries may be accepted

(1) This clause applies to unit title, company lease, and cross lease parcels
(2) The boundaries of an existing parcel may be accepted if—
(a) that parcel was included in an approved CSD; and
(b) no changes are being made to the parcel boundaries; and
(c) no changes are being made to the record of title
(3) If subclause (2) has been applied, the existing parcel appellation must be retained.
(4) The boundary of a new parcel may be accepted if it is common with an unchanged parcel that is not a future development unit.

Question 14

Subpart 5 Rule 59: CSD number for unit title development?

Answer 14

[59] CSD number for unit title development

A CSD for a unit title development that is to be deposited in substitution for a previously deposited CSD must retain the same CSD number.

Question 15

Subpart 6 Rule 60: Vertical datum and vertical control mark?

Answer 15

[60] Vertical datum and vertical control mark

All new height-limited boundary points on a non-primary parcel must comply with the datum and vertical control mark requirements in rule 18, except as modified by rule 62.

Question 16

Subpart 6 Rule 61: Referencing height-limited boundary points?

Answer 16

[61] Referencing height-limited boundary points

(1) A new height-limited boundary point on a unit parcel must be referenced to a PRM.
(2) A new height-limited boundary point on a parcel for an easement, a lease, or a covenant does not require a PRM.
(3) A new height-limited boundary point that coincides with an accepted boundary does not require a PRM.
(4) If a boundary point is required to be referenced, that boundary point must—
(a) be within 150m of a PRM if it is class A.
(b) be within 500m of a PRM if it is class B.
(5) The survey must include a minimum of 2 PRM’s with reduced levels that are each within the applicable distance in subclause (4) of at least 1 boundary point that is required to be referenced.

Question 17

Subpart 6 Rule 62: Height-limited boundary points on existing unit developments?

Answer 17

[62] Height-limited boundary points on existing unit developments

(1) The reduced levels in a unit title development must be expressed in terms of the previously depicted CSD for the unit title development.
(2) If an unofficial datum is used, a vertical control mark in accordance with rule 18(2) and (3) must be provided with a reduced level in terms of the unit title development.

Question 18

Subpart 7 Rule 63: Boundary marks for non-primary parcels?

Answer 18

[63] Boundary marks for non-primary parcels

A new boundary point on a non-primary parcel, including where it intersects a primary parcel boundary, is not required to be marked.

Question 19

Subpart 7 Rule 64: Reference marks where non-primary parcel marked?

Answer 19

[64] Reference marks where non-primary parcel marked

A new or old mark on a class A or class B boundary point on a non-primary parcel must be referenced in accordance with rule 32.

Question 20

Subpart 8 Rule 65: Application?

Answer 20

[65] Application

The rules in this subpart apply to non-primary parcels over any stream, river, lake, or common marine and coastal area, unless otherwise stated.

Question 21

Subpart 8 Rule 66: Class C for common marine and coastal area?

Answer 21

[66] Class C for marine and coastal area

A boundary and its associated boundary points of a non-primary parcel within the common marine and coastal area may be class C.

Question 22

Subpart 8 Rule 67: Accepting existing water boundaries?

Answer 22

[67] Accepting existing water boundaries

If a new non-primary water boundary coincides with an existing primary parcel water boundary, it may be accepted irrespective of its accuracy or its relationship to the current physical position of the water boundary.

Question 23

Subpart 8 Rule 68: Offsetting MHWS or MLWS?

Answer 23

[68] Offsetting MHWS or MLWS

A new non-primary parcel water boundary at MHWS or MLWS may be offset from an accepted water boundary without determining the true relationship between the 2 boundaries.

Question 24

Subpart 8 Rule 69: Class and dimensions of intersecting boundaries?

Answer 24

[69] Class and dimensions of intersecting boundaries

(1) If a right-line boundary intersects an accepted water boundary,—
(a) The bearing must be defined to class A, class B or class C accuracies (as appropriate); and
(b) the distance must match the accuracy of the water boundary as determined under rule 29(2) and must be class D.
(2) If a right-line boundary intersects an offset water boundary (see rule 68)—
(a) the bearing must be defined to class A, class B, or class C accuracies (as appropriate); but
(b) no distance is required for that boundary.

Question 25

Subpart 8 Rule 70: Horizontal datum and connection?

Answer 25

[70] Horizontal datum and connection

(1) If a non-primary parcel is over the bed of a stream, river, or lake, the provisions in rule 51(2) apply.
(2) If class C accuracies have have been used for a non-primary parcel in the common marine and coastal area, the provisions in rule 53(2) apply.