Woodhouse MichaelCANTERBURY PROPERTY BOUNDARIES AND RELATED MATTERS BILLThird ReadingHon MICHAEL WOODHOUSE (Minister of Immigration) on behalf of the Minister for Land Information: I move That the Canterbury Property Boundaries and Related Matters Bill be now read a third time. Although it might be relatively short this is a very important bill. It provides much-needed certainty for surveyors and property owners affected by land movements caused by the Canterbury earthquakes. In addition it ensures that Cantabrians have the confidence to go about rebuilding their homes while knowing their property rights are protected. The scale of land movements that occurred in Canterbury following the 2010-11 earthquakes was extraordinary. Because of this the common law in this area has been open to different interpretations and surveyors and other interested parties have been uncertain about the correct legal location of some property boundaries. Early in the process of developing the bill Minister Upston met with Christchurch MPs and recognised the importance of addressing this uncertainty without creating widespread concern among property owners in Christchurch. She appreciated their involvement and valued their input. The uncertainty resulted in surveys taking longer to complete. In the worst-affected areas where the movements have been greatest surveyors have been reluctant to undertake surveys at all. All of this has meant higher costs for property owners and delays for Cantabrians who simply want to rebuild their homes and move on with their lives. By addressing this uncertainty the enactment of the bill will mark another step towards achieving this Government's strong commitment to Christchurch's recovery and regeneration. The bill deals with three key aspects of this uncertainty. Firstly it clarifies the law that relates to the location of legal property boundaries in Greater Christchurch following the 2010-11 earthquakes. It provides that legal boundaries of land in Greater Christchurch are deemed to have moved or to move" with the movement of land caused by the earthquakes. After the commencement of this legislation surveyors in Greater Christchurch can apply the new "boundaries moved" principle with confidence and certainty. Secondly the bill recognises the validity of all cadastral surveys and boundary determinations in Greater Christchurch that were approved by Land Information New Zealand (LINZ) in the interim period between 4 September 2010—the day the first earthquake struck Canterbury—and the commencement of this legislation. Since the 2010 and 2011 earthquakes LINZ has approved surveys by licensed cadastral surveyors on either basis—that is on the basis that the boundaries did or did not move—provided the surveys otherwise complied with the Cadastral Survey Act 2002. These interim surveys are valid regardless of which basis was used as long as the surveys were done in good faith and without negligence. The bill also excludes liability related to a cadastral survey or boundary determination of land in Greater Christchurch that was done in the interim period on the basis that the boundaries did or did not move with the movement of land caused by the Canterbury earthquakes. But the bill does not exclude liability for negligence bad faith misconduct or non-compliance with statutory obligations and professional standards that is unrelated to the boundary movement principle. The bill's validation of interim surveys and exclusion of liability avoids unfairly penalising surveyors property owners and others who acted in good faith and relied on such surveys. A small number of potential boundary conflicts might arise from validating surveys from the interim period that were done on the basis that the boundaries did not move. Existing contract resolution mechanisms like those under the Land Transfer Act 1952 are available to resolve such conflicts. In addition LINZ will work with surveyors and property owners to manage any such conflicts. Finally the bill provides for the Surveyor-General to issue guidelines for surveyors about rules and standards made under the Cadastral Survey Act 2002. New Canterbury-specific rules have been developed in consultation with the surveying profession and will come into effect 2 months after the enactment of this bill. In addition guidelines will be issued to further assist with boundary determinations in Greater Christchurch after the Canterbury earthquakes. More generally this ability to issue guidelines will also help in future to achieve consistent interpretations of and improved compliance with the Cadastral Survey Act. On Minister Upston's behalf I would like to thank again the members of the Local Government and Environment Committee and its chair Scott Simpson for their work and thorough consideration of the bill. The committee's work has improved the clarity of several of the bill's provisions. The committee has also addressed another issue of uncertainty about the further impact of land movement and boundaries resulting from this year's Valentine's Day earthquake and any earthquakes and aftershocks in the next few years. The bill's definition of "Canterbury earthquakes" now includes not only the 14 February 2016 earthquake but also any earthquakes and aftershocks for a further 6 years after that earthquake. This futureproofs the legislation and provides greater certainty and clarity for surveyors and property owners in Christchurch. I also want to thank those people and organisations who contributed to the development of the bill through various consultation processes and at the select committee stage. This includes not only the professional surveyors who gave so much of their time and expertise but also the New Zealand Law Society's property division the Insurance Council the Mayor of Christchurch as well as Christchurch City Council members and officers the mayors and officers from Selwyn and Waimakariri District Councils and the Christchurch MPs with whom the Minister had a number of briefings and whose input has been invaluable. I also want to take this opportunity to thank Minister Upston's officials at Land Information New Zealand. Their hard work and commitment to this bill has been greatly appreciated. This bill clarifies the law relating to local-level property boundaries in greater Christchurch following the Canterbury earthquakes. In doing so it provides greater certainty to surveying and land titles. The overall impact of this bill is that property boundaries will continue to be located where property owners generally expect them to be reducing the likelihood of future boundary conflicts and disputes that would have otherwise occurred. I commend this bill to the House."