Part 8: Ground Movement

Question 1

Subpart 1 Rule 108: Interpretation?

Answer 1

[108] Interpretation

In this Part, unless the context otherwise requires—
affected boundary means a boundary—
(a) where ground movement has distorted the land in excess of the relevant accuracy tolerances; and
(b) that has not been subsequently defined by survey and recorded in an approved CSD
Canterbury earthquake movement means the movement of land as defined by section 8(2) of the Canterbury Property Boundaries and Related Matters Act 2016
fault zone movement means movement on a fault caused by the deformation of bedrock.

Question 2

Subpart 2 Rule 109: Re-establishing boundaries affected by ground movement?

Answer 2

[109] Re-establishing boundaries affected by ground movement

(1) All affected primary parcel boundaries must be defined by survey and marked, if practicable, unless they can be accepted under rule 15.
(2) A boundary affected by fault zone movement must reflect that distortion and may include the creation of new boundary angles.
(3) Boundaries being defined by survey in greater Christchurch must take into account Canterbury earthquake movement.
(4) If an affected water boundary is to be retained in its former position under rule 10(2) or (3), the boundary must be accepted.
(5) If an affected water centre-line boundary is to be retained in its former position under rule 11(2), the boundary must be accepted.

Question 3

Subpart 2 Rule 110: Defining non-primary parcel boundaries?

Answer 3

[110] Defining non-primary parcel boundaries

(1) This rule applies if the underlying parcel is not being created by the survey.
(2) An underlying parcel affected by Canterbury earthquake movement with class A or class B boundaries must be defined by survey and marked, if practicable, if a new non- primary boundary coincides with or intersects it.
(3) If the underlying parcel boundaries are affected by movement other than Canterbury earthquake movement, the non-primary parcels may be inaccurately determined and the requirements in rule 51(2) apply.
(4) For a new unit title or cross lease development, a new underlying parcel must be created before a new record of title is issued if—
(a) any underlying parcel boundaries are affected; or
(b) redefinition of an affected boundary on the underlying parcel has not already been recorded in the relevant tenure system.
(5) For an existing unit title development where the record of title for an existing unit is being retained, an underlying affected boundary that is not coincident with or intersected by a new non-primary parcel boundary may be accepted.

Question 4

Subpart 2 Rule 111: Redefinition of underlying parcel boundaries in greater Christchurch?

Answer 4

[111] Redefinition of underlying parcels in greater Christchurch

(1) A CSD that includes a new non-primary parcel, but not a new underlying parcel, may record the redefinition of a coincident or intersected underlying parcel boundary only if—
(a) the underlying parcel boundary has moved due to Canterbury earth quake movement; and
(b) the redefinition of all the boundaries of the underlying parcel is not being recorded in that tenure system.
(2) If a CSD records a redefinition of an underlying parcel boundary under subclause (1), the title diagram must—
(a) depict the appellation of the underlying parcel; and
(b) depict all redefined underlying boundaries; and
(c) depict the relationship between a redefined boundary and other underlying parcel boundaries; and
(d) annotate a redefined boundary with “Redefined boundary of [underlying parcel appellation]”; and
(e) include, at the end of the dataset description, the words “and partial redefinition of [underlying parcel appellation]”.