What the Board can investigate

The Cadastral Surveyors Licensing Board (the Board) can receive and investigate complaints about professional misconduct by Licensed Cadastral Surveyors, but only where the complaint relates to a cadastral survey. The types of misconduct the Board can consider are set out in Schedule 2 of the Cadastral Survey Act 2002.

A cadastral survey is a specific type of survey that determines and describes the spatial extent, including boundaries, of interests that can be registered under New Zealand’s land tenure (title) system.

Common examples include:

• Lots (sections) in a subdivision
• Unit title and cross lease areas
• Easement areas
• Lease areas
• Covenant areas

Most misconduct matters within the Board’s jurisdiction relate to the accuracy and conduct of a cadastral survey. Licensed Cadastral Surveyors submit cadastral surveys to Land Information New Zealand for approval and recording in Landonline. These surveys most commonly involve the subdivision of land.

What the Board does not deal with

The Board does not have jurisdiction over:

• surveys that are not cadastral surveys, even if they are carried out by a Licensed Cadastral Surveyor
• disputes about ethics, fees, contracts, or delays
• disputes about professionalism unless they specifically concern a cadastral survey and are related to a matter of professional misconduct as defined in Schedule 2 of the Cadastral Survey Act 2002
• property boundary disputes
• complaints about surveyors who are not Licensed Cadastral Surveyors

Concerns about non-cadastral surveys or professional conduct may be referred to Survey and Spatial New Zealand, a voluntary professional body representing surveyors.

Examples of surveys outside the Board’s jurisdiction

The following surveys do not create registrable interests under New Zealand’s land tenure system and are not cadastral surveys. As a result, the Board has no jurisdiction over them:

• scheme plans for proposed subdivisions which support resource consents
• building height-in-relation-to-boundary surveys and certifications
• as-built surveys and certifications of buildings or underground services
• building or infrastructure set-out surveys
• topographical (site) surveys
• boundary location surveys that do not use official boundary marks

Frequently Asked Questions (FAQ)

What is the role of the Cadastral Surveyors Licensing Board regarding complaints?

The Board can investigate complaints about professional misconduct by Licensed Cadastral Surveyors, but only where the complaint relates to a cadastral survey.

What is a cadastral survey?

A cadastral survey determines and describes the boundaries and spatial extent of interests that can be registered under New Zealand’s land title system.

Common examples include:

• Lots (sections) in a subdivision
• Unit title and cross lease areas
• Easement areas
• Lease areas
• Covenant areas

What types of complaints can the Board investigate?

The Board can only investigate complaints about professional misconduct that relate to the conduct or accuracy of a cadastral survey, as defined in Schedule 2 of the Cadastral Survey Act 2002.

What surveys are outside the Board’s jurisdiction?

The Board cannot investigate complaints about non-cadastral surveys, even if they are carried out by a Licensed Cadastral Surveyor. Examples include:

• subdivision scheme plans which support resource consents
• building height-in-relation-to-boundary surveys
• as-built surveys of buildings or underground services
• building or infrastructure set-out surveys
• topographical (site) surveys
• boundary location surveys that do not use official boundary marks

Does the Board deal with disputes about ethics, contracts, fees or delays?

No. The Board does not deal with disputes about ethics, contracts, fees or delays.

Does the Board deal with professionalism matters?

No. The Board does not deal with professionalism matters unless they specifically concern a cadastral survey and are related to a matter of professional misconduct as defined in Schedule 2 of the Cadastral Survey Act 2002.

Who should I contact about non-cadastral surveys or professionalism issues?

Complaints about non-cadastral surveys or professional conduct may be directed to Survey and Spatial New Zealand, the voluntary professional body representing surveyors.

Does the Board resolve property boundary disputes?

No. The Board does not resolve property boundary disputes and will not consider complaints about property boundary disputes.

Does the Board have jurisdiction over all surveyors?

No. The Board only has jurisdiction over Licensed Cadastral Surveyors.

What if I am not sure if my complaint relates to a cadastral survey?

Please contact the Board Secretary who will advise you whether the matter is within the Board’s jurisdiction – secretary@cslb.org.nz

If you wish to make a complaint about a Licensed Cadastral Surveyor The Board can receive and investigate complaints alleging that a Licensed Cadastral Surveyor has been guilty of professional misconduct or is not entitled to be a Licensed Cadastral Surveyor.

Please complete and submit the following form to ensure your complaint has the required information: Complaint Form

The Board will then decide whether or not to receive the complaint and then commence an investigation. After investigation of the complaint the Board will decide whether to accept or decline the complaint.

If the Board accepts a complaint, a hearing may be held and a decision will be made on whether or not the Licensed Cadastral Surveyor is guilty of professional misconduct.

This website has a ‘Search for Surveyor’ function, simply type in the person’s name to see if they are currently a Licensed Cadastral Surveyor. For any further enquiries regarding current or former licensing status contact the Board Secretary at secretary@cslb.org.nz

As a licensed surveyor, what do I need to know if a complaint is made against me?

If the Board decides that a purported complaint alleges that a licensed surveyor has been guilty of professional misconduct (as defined in the Cadastral Survey Act) a copy of the complaint is sent to the surveyor for an opportunity to make a response. The Board may then investigate the complaint to decide whether to accept or decline it. If a complaint is accepted the surveyor is notified of the grounds for the complaint and a date for a hearing. The notice may also require the surveyor to advise the Board of their intention to appear before the Board at the hearing. In a hearing the Board must observe the rules of natural justice and may receive evidence even though it would not be admissible in a court of law.

There are a number of offences listed under Part 6 of the Cadastral Survey Act 2002. These include obstruction of a cadastral surveyor, interference with survey marks, false survey marks and unlicensed persons acting as licensed cadastral surveyors. Enquiries about these matters can be directed to Land Information New Zealand (LINZ). See -  LINZ - Offences Relating to Cadastral Surveys, or the Board Secretary for further advice.