The Canterbury earthquakes permanently changed the lay of the
land in Canterbury, including some property boundaries. This
boundary movement will now need to be acknowledged by
Legislation just passed will give surveyors and property owners
certainty in the location of boundaries for earthquake-affected
properties in Canterbury.
The Canterbury Property Boundaries and Related Matters
Act provides that legal property boundaries have moved with
the earthquake-related land movement. Now, surveyors will have to
take earthquake movement into account when locating property
For nearly all properties, the legal boundaries will continue to
align with where they are expected to be – as marked before
the earthquakes by boundary marks such as features like fences.
All cadastral surveys undertaken in Christchurch following the
earthquakes that have been approved by Land Information New Zealand
(LINZ), will continue to determine the boundaries of the land.
However, there may be occasions where conflicts between surveys are
identified which need to be resolved.
Where there are any boundary conflicts that occur as a result of
earlier approved surveys that did not take land movement into
account, LINZ will work with those surveyors and property owners to
manage those conflicts.
The next step is for LINZ to consult with surveyors on proposed
rules to implement the new legislation that will apply in greater
Christchurch. These proposed rules will incorporate the valuable
feedback received earlier this year.
The aim of the legislation long term is to reduce the potential
for future boundary disputes and conflicts in Canterbury.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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The Supreme Court at first instance had determined that an adjudication determination could be remitted to the adjudicator for re-determination for non-jurisdictional error.
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