Section 52 vs Section 226

[Ian Gillespie]

Just for interest, Does anyone know if a survey required under Section 52 should be paid for under Section 226 of the LT Act?


52 Correction of errors in survey

(1)

If an error is found in a cadastral survey dataset affecting any title under the Land Transfer Act 2017 or any title or tenure under any other Act, the Surveyor-General may, in writing, require the cadastral surveyor responsible for the error to undertake, or arrange to be undertaken, the work necessary to correct the error within a time that the Surveyor-General considers reasonable.

(2)

Subsection (1) does not limit—

(a)

the powers granted in sections 7 and 46 of the Crown Grants Act 1908:

(b)

the powers of the Registrar under section 21 of the Land Transfer Act 2017, or the provisions of section 226 of that Act:


226 Cost of survey to correct plans

The Crown must meet the cost of a survey certified by the Surveyor-General as required to correct an error in a plan deposited under this Act or in a record of title.

Compare: 1952 No 52 s 170

[Pat Sole]

I suspect Section 226 would be used where no-one else could be held to account. However, where an error was made by a surveyor, I suspect costs of correction would still be sought from the surveyor.