LINZS20005
Standard
for
title
adjustments arising from
water boundary changes
TABLE OF CONTENTS
TERMS AND DEFINITIONS ............................................................................................. 3
FOREWORD ....................................................................................................................... 4
1
INTRODUCTION ...................................................................................................... 6
1.1
Scope ........................................................................................................................... 6
1.2
Intended use of standard ............................................................................................. 6
2
DRY STREAM OR RIVER BED CLAIMS .............................................................. 7
2.1
Requirements for title to be issued .............................................................................. 7
3
ACCRETION CLAIMS .............................................................................................. 7
3.1
Requirements for title to be issued .............................................................................. 7
TERMS AND DEFINITIONS
Term/Abbreviation
Definition
accretion
where water recedes gradually and imperceptibly from the land, or where
a river gradually and imperceptibly moves away from one bank, adding
to the land by depositing shingle and silt
avulsion
where the change in the physical boundary between land and water was
not gradual and imperceptible but either sudden or perceptible as it was
occurring
LINZ
Land Information New Zealand
LTA
Land Transfer Act 1952
RGL
Registrar-General of Land
LINZS20005 Standard for title adjustments arising from water boundary changes
Effective date: 30 October 2007
Registrar-General of Land
Land Information New Zealand © Copyright
3
FOREWORD
There are complex common law principles, modified by statute, that apply when boundaries of land
are defined by the edge of the sea, lakes, rivers, or streams.
Land Information New Zealand (LINZ) customers and staff need to understand these principles to
be certain of property rights when looking at records of land with water boundaries. These
principles also determine when the Registrar-General of Land (RGL) can issue title under the Land
Transfer Act 1952 (LTA) for land that was formerly covered by water.
Purpose of standard
This standard is intended to articulate the RGL's minimum requirements for issuing title for land
which was formerly under water.
Rationale for new standard
LINZ is tasked with meeting the Government’s desired economic, social, and environmental
outcomes in relation to its mandated subject areas. In order to do that, high level outcomes must be
broken down into more specific and manageable pieces. LINZ’s regulators have developed end
outcomes, intermediate outcomes, objectives and sub-objectives to clearly articulate the regulatory
framework for each subject area.
Regulators then use a risk-based approach to determine the optimum level of intervention. If there is
a high risk of not achieving an objective or sub-objective, a high level of intervention is required. A
low risk of not achieving an objective or sub-objective means a low level of intervention is
necessary. The desired intervention is then developed to manage the identified risks and thereby
achieve the relevant sub-objectives, objectives and therefore also, the outcome.
LINZS20005: Standard for title adjustments arising from water boundary changes has been
developed by the RGL to mitigate the risk of not achieving the following end outcome and
objectives.
End outcome
Objectives
Registered land owners have confidence that Land parcels and interests are accurately
their rights are secure
defined in the register
Only legally valid types of transactions are
submitted
The outcomes and objectives developed by the RGL for the land transfer system also reflect the
objectives stated in s 4(3) of the LTA.
LINZS20005 Standard for title adjustments arising from water boundary changes
Effective date: 30 October 2007
Registrar-General of Land
Land Information New Zealand © Copyright
4
Brief history of standard
This standard supersedes the following documents:
LINZ 2003, RGL Standard 31: Standard for Accretion Applications, Registrar-General of Land,
LINZ, Wellington
LINZ 2003, RGL Standard 32: Standard for Processing Accretion Applications, Registrar-General
of Land, LINZ, Wellington.
Committee responsible for standard
The Expert Committee responsible for reviewing this standard consisted of the following
representatives:
Business group/Company
Name
Department of Conservation
Graeme Goodwin
LINZ Customer Services
Phillip Anderson
Ashley Wright
LINZ Office of the Surveyor-General
Mack Thompson
LINZ Property Regulatory Group
Brendan Mulholland
LINZ Registrar-General of Land
Robert Muir
Robert Andrell
LINZ Regulatory Frameworks & Processes
Michelle Gooding
Hannah Sinclair
LINZ Business and Regulatory Assurance
Helen Patterson
New Zealand Law Society
Richard Cross
Office of Treaty Settlements
Peter Wiley
References
This standard is intended to be read in conjunction with:
LINZ 2007, LINZG20710: Guideline for dry stream or river bed claims, RGL, LINZ, Wellington
LINZ 2007, LINZG20711: Guideline for accretion claims, RGL, LINZ, Wellington.
LINZS20005 Standard for title adjustments arising from water boundary changes
Effective date: 30 October 2007
Registrar-General of Land
Land Information New Zealand © Copyright
5
1
INTRODUCTION
If a change to the sea or a lake, stream or river leaves, or encroaches on, dry land, a person
claiming ownership of that land may be entitled to apply for title to reflect the change.
This may arise where:
1.1
(a)
accretion or erosion has occurred in respect of land with a moveable water boundary,
or
(b)
a privately owned river or stream has left a dry bed due to avulsion or by some other
means.
Scope
This standard specifies the RGL’s minimum requirements that must be followed:
(a)
to make an application for a title to be issued for the land formerly under water; and
(b)
when assessing any application made for a title for the land formerly under water.
This standard does not apply to:
1.2
(a)
any form of artificial reclamation,
(b)
matters relating to marginal strips, or
(c)
requirements for applications to other jurisdictions such as the Maori Land Court.
Intended use of standard
In order to obtain title to land formerly under water, application must be made in
accordance with this standard.
LINZS20005 Standard for title adjustments arising from water boundary changes
Effective date: 30 October 2007
Registrar-General of Land
Land Information New Zealand © Copyright
6
2
DRY STREAM OR RIVER BED CLAIMS
2.1
Requirements for title to be issued
A title incorporating a dry stream or river bed must only be issued to a person applying for
ownership when the following requirements are met:
(a)
the application for title must be made in an acceptable form; and
(b)
the application must be supported by adequate survey definition; and
(c)
the application must be supported by evidence that establishes that the land claimed
is dry land to which the applicant is legally entitled; and
(d)
all legal requirements to advertise are complied with and notice is given to all
interested parties; and
(e)
any caveats are removed, and evidentiary disputes are resolved.
3
ACCRETION CLAIMS
3.1
Requirements for title to be issued
A title incorporating land claimed as accretion must only be issued to an adjoining owner
when the following requirements are met:
(a)
the application for title must be made in an acceptable form; and
(b)
the application must be supported by adequate survey definition; and
(c)
the applicant must establish that the doctrine of accretion applies; and
(d)
the application must be supported by evidence to establish that accretion has
occurred; and
(e)
notice is given to all interested parties; and
(f)
any evidentiary disputes are resolved.
LINZS20005 Standard for title adjustments arising from water boundary changes
Effective date: 30 October 2007
Registrar-General of Land
Land Information New Zealand © Copyright
7