✨ Land Transfer Survey Regulations
May 20.] THE NEW ZEALAND GAZETTE. 641
Land Transfer Survey Regulations.
WHEREAS “The Land Transfer Act, 1885,” empowers the Surveyor-General of the colony, with the approval of the Governor in Council, to make such regulations as he may think necessary for insuring the accuracy of plans and surveys required under the said Act, and to cancel and alter such regulations when and as necessary: Now, therefore, I, James McKerrow, the Surveyor-General of New Zealand, do hereby, in pursuance of the said power, and with such approval as aforesaid, make the rules following, that is to say,—
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The Regulations numbered 1 to 85, of even date herewith, made under “The Land Act, 1885,” shall apply equally to surveys made under “The Land Transfer Act, 1885,” wherever they are not inconsistent with these rules.
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Any plan purporting to be a survey, resurvey, or subdivision of any land is to be signed by the surveyor who actually made the measurements in the field, and shall also be verified by statutory declaration of the licensed surveyor employed to make such survey, in the form given in Regulation No. 148. Such plan shall be approved by the Chief Surveyor or inspecting officer of the district, and when so approved shall be deemed to be accurate for all purposes of the Land Transfer Act.
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The surveyor will be expected to disclose all doubts, discrepancies, and difficulties, and to afford all such other information obtainable by him relating to the property and the application for certificate of title or transfer as will aid in securing accuracy and completeness in the business of the Land Transfer Department. A regard to the interests of his employer will not be considered as excusing in any degree the withholding of any information affecting the merits of the application, even though the description supplied may be literally and technically correct.
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In districts where triangulation exists, and where the triangulation points have not been obliterated, if a resurvey or subdivision of the whole of a rural section is made for the purposes of the Land Transfer Act the survey must be connected by traverse or by a subsidiary triangle with the nearest trig. station. If only a portion of a section is being dealt with, this may be dispensed with at the option of the inspecting surveyor, but the survey must be connected with at least two of the corners of the original section. If only part of an allotment on an already deposited plan is being dealt with, then such survey need only be connected with two or more points of that allotment; provided always that the allotment has been previously properly connected with two or more points of the original section in such a manner as to definitely fix the position thereof. In districts and cities where permanent standard points have been placed, then the survey must be connected both by angular and linear measurement with such bench-marks, and the surveyor must, in his traverses, use the standard points as his initial for bearing and distance.
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All measured lines and distances must be shown in red, all observed bearings in blue, all calculated bearings or distances in black, the same being written along the lines. Included angles will only be admissible in such districts where minor triangulation does not exist, or where the original stations have been lost, and where the standard points for obtaining the meridian have not been re-established, or in the subdivision of small allotments.
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Tie-lines in lieu of angles will only be admissible in the subdivision of very small pieces of land.
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The true meridian bearing between two or more trig. stations or bench-marks will be always obtained by reference to the survey office of the provincial district.
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Where the boundary consists of natural features they must be traversed unless they form the boundary of the original section, and have been traversed by the Government surveyor. A retraverse of such boundaries may, however, be required in cases where the original survey appears to be faulty.
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Where an irregular boundary is defined by offsets measured thereto from one or more survey lines, the surveyor must furnish the distances along such line or lines at which offsets have been taken, and the length of such offsets.
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Should a property be bounded on one or more sides by natural features, of which a retraverse is not required, the survey must be closed by traverse-lines or tie-lines in such a manner as will enable the work to be thoroughly checked.
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All traverse-lines to be numbered, and mathematically reduced on the meridian and perpendicular of the nearest trig. station, or, if that is not required to be connected with in the survey, on the starting or initial point of the survey, and tables are to be deposited with maps.
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In the subdivision of small areas or town lands 4 links to the mile will be the maximum error allowed, and in the case of the survey of rural land 8 links to the mile; bearings must close to two or three minutes, according to the nature of the survey. Recent approved surveys adjacent should be connected with the survey being made.
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All bearings must be observed with a serviceable and adjusted theodolite; the steel measuring-band must be tested and corrected before survey to the Government standard.
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Deposited plans must be on antiquarian or mounted drawing-paper cut to 30in. by 30in., 20in. by 20in., or 10in. by 15in., cut so that due north is perpendicular to the paper, which must be the exact size named, to fit the office portfolios.
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For the smaller sizes protracting sheets can be obtained at the survey office of the provincial district. Plan to accompany application, transfer, lease, or mortgage, to be 15in. by 10in.
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Plans of allotments containing 1 to 10 perches should be drawn to a scale of not less than ½ chain to 1in.; 10 to 20 perches, 1 chain to 1in.; 20 perches to 1 acre, 2 chains to 1in.; 1 acre to 10 acres, 5 chains to 1in.; 10 acres to 320 acres, 10 chains to 1in.; 320 acres and above, 20 chains to 1in. In cases where details are numerous, plans may be enlarged to 10 or 20 links to an inch. All plans should bear the surveyor’s name and address; they should be drawn in a neat, plain, and professional manner, in accordance with examples which will be shown to surveyors on application.
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Where the land forms a part of two or more original allotments or sections, the boundaries of such allotments or sections must be shown by a distinguishing colour.
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The sectional or allotment numbers, or names of Native blocks, with the names of the owners or occupiers of the land of which the drawing is a plan, and also the names of the owners or occupiers of adjoining lands, whenever obtainable, should be written on the plan, and inquiries, if necessary, must be made for that purpose by the surveyor. Names of adjoining proprietors may be dispensed with in surveys for subdivisional purposes.
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If the boundary is a wall, it must be shown whether it is a party-wall, and whether the line runs through the centre or otherwise. The true position of all boundary fences must be shown, and the nature of the boundary of the land, whether wall, house, fence, ditch, hedge, stream, road, or undefined, should be stated. The position of a traverse line relative to the hedge, ditch, or fence should be clearly stated (or shown by enlarged marginal plan), whether the line measured is inside or outside, or in the middle of the boundary.
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Every plan of any survey made under the Land Transfer Act must exhibit, distinctly delineated, the adjacent and included natural features, all the sides of roads, streets, passages, thoroughfares, fences, squares, reserves appropriated or set apart for public use, and also show all allotments into which the land may be divided, marked with distinct numbers. In towns, all the buildings on the section dealt with, and the buildings abutting on the boundaries of adjoining lots, are to be shown on the plan.
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The nature of the boundary, namely, roads, reserves, sections, natural features, &c., should be shown.
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All measurements must be given in links.
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In case of intricate boundaries an accurate description of them must be furnished with the plan.
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Roads, streets, and rights-of-way to be coloured with burnt sienna; edge of land to be dealt with, green; water, Prussian blue. Where natural features, such as terraces, are shown as the boundary of an allotment or section, they should be coloured with sepia.
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If required, the licensed surveyor must produce his actual field-book for the inspection of the officer checking his work.
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The actual measurements made in the field must be given, notwithstanding that they may not agree with the Crown grant or public map, and, should the difference be material, the measured distance and bearing to the next adjacent Crown-grant boundary is to be furnished, in order to determine whether there is any real encroachment, or whether the differences arise from former defective surveys. The license of any surveyor will be cancelled if it is found that the measurements or bearings certified by him as correct differ materially from those which exist on the ground. And, in dealing with this subject, the surveyor must adhere to the principle of the unchangeableness of original lines and corners, established by Government, or other duly authorized, surveyors, done in good faith; in other words, where the lines and corners are originally established on the ground by a proper officer, in pursuance of the survey system ordered by the law of the time, they must be regarded as the true lines and corners which they represent, even if subsequent surveys indicate that the posts, pegs, or marks are out of line, and that the corners are out of position, according to the original description thereof. Surveyors should also bear in mind that the Act prohibits the District Land Registrar from issuing a title to land held in adverse occupation.
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When an existing fence or building is relied on as the boundary of a property, the surveyor should state in a note on the plan the evidence he can obtain as to the erection of such boundary, and the date on which it was erected,
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✨ LLM interpretation of page content
🗺️ Land Transfer Survey Regulations
🗺️ Lands, Settlement & Survey20 May 1886
Survey Regulations, Land Transfer Act, Surveyor-General, Plans, Surveys, Accuracy, Triangulation, Boundaries, Natural Features, Measurement, Plans, Colours, Field-Book, Encroachment, Adverse Occupation
- James McKerrow, Surveyor-General of New Zealand
🗺️ Land Transfer Survey Regulations
🗺️ Lands, Settlement & Survey20 May 1886
Survey Regulations, Land Transfer Act, 1885, Surveyor-General, Accuracy, Plans, Surveys
- James McKerrow, Surveyor-General of New Zealand
NZ Gazette 1886, No 30