Canterbury Property Boundaries and Related Matters Act 2016

1: Title
This Act is the Canterbury Property Boundaries and Related Matters Act 2016.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary provisions
3: Purpose
The purpose of this Act is to—
a: provide certainty to surveying and titles in greater Christchurch following the Canterbury earthquakes:
b: support the planning, rebuilding, and recovery of affected communities, including the repair and rebuilding of land, infrastructure, and other property in greater Christchurch:
c: maintain public confidence in the cadastre.
4: Interpretation
In this Act, unless the context otherwise requires,— cadastral survey cadastre section 4 Canterbury earthquakes greater Christchurch interim period landslip
a: formed an integral part of the ground before the movement; but
b: had become loose material after the movement (other than by liquefaction).
5: Transitional, savings, and related provisions
The transitional, savings, and related provisions (if any) set out in Schedule 1
6: Act binds the Crown
This Act binds the Crown.
2: Boundary movement provisions
Boundaries to be determined on basis of boundary movement
7: Application of boundary provisions
Sections 8 9
a: in any cadastral survey or the cadastre; or
b: of any estate or interest in land or any title to land.
8: Boundaries redefined as moving with movement of land caused by Canterbury earthquakes
1: The boundaries within greater Christchurch on and from the commencement of this Act are redefined as set out in this section.
2: The boundaries are deemed to have moved or to move with the movement of land caused by the Canterbury earthquakes (whether the movement was horizontal or vertical, or both), unless the movement was a landslip.
3: To avoid doubt, nothing in this section affects—
a: the validity of an estate or interest in land, and the land (as moved) continues to be the same land, and affected by the same interests, as before the movement:
b: the boundaries within greater Christchurch before the commencement of this Act.
4: This section applies—
a: despite any other enactment, but subject to section 9
b: despite any rule of law.
9: Approved interim survey continues to determine boundaries
1: A cadastral survey continues to determine the boundaries of any land surveyed within greater Christchurch if the survey satisfies the following (an approved interim survey
a: it was done in good faith and without negligence in the interim period; and
b: its cadastral survey dataset was determined to be compliant under section 9(a)
2: However, this Act does not remove any conflict between the following boundaries (a boundary conflict
a: the boundaries determined by an approved interim survey; and
b: any boundaries as redefined by section 8
3: Subsection (1) does not prevent a boundary conflict from being resolved, and a boundary conflict between the boundaries that define land for the purposes of registration under the Land Transfer Act 2017
a: section 21
b: sections 58 59
4: For the purpose of subsection (3), boundaries that define land for the purposes of registration under the Land Transfer Act 2017 section 224 Section 9(3) replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 9(4) inserted 12 November 2018 section 250 Land Transfer Act 2017
10: Boundary adjustment that follows moved boundaries is not subdivision
A boundary adjustment that removes a boundary conflict referred to in section 9 section 8 section 11 Part 10 Earlier surveys and boundary determinations
11: No liability in relation to certain earlier surveys and boundary determinations
1: This section applies to a cadastral survey or boundary determination of land in greater Christchurch—
a: that was done in the interim period; and
b: that was done on the basis that boundaries did, or did not, move with the movement of land caused by the Canterbury earthquakes (the basis
2: No person is liable for performing or approving the survey or determination if the liability would not have arisen had the survey or determination been done on the opposite basis.
3: No person is liable for anything done or not done in the interim period in reliance on the survey or determination if the liability would not have arisen had the survey or determination been done on the opposite basis.
4: To avoid doubt, this section—
a: removes any liability under section 52 section 7
b: does not remove liability for any negligence, bad faith, misconduct, or breach of legal obligations or professional standards that does not relate to whether boundaries did, or did not, move with the movement of land caused by the Canterbury earthquakes.
5: In this section, approving section 9(a) Related amendment to Cadastral Survey Act 2002
12: Section 7 amended (Functions and duties of Surveyor-General)
1: This section amends the Cadastral Survey Act 2002
2: After section 7(1)﻿(g)
ga: to issue guidelines about standards set by the Surveyor-General under this Act:
3: After section 7(2)
3: Guidelines issued under section 7(1)﻿(ga) 2016-08-30 Cadastral Survey Act 2002