New Zealand Law

Have New Zealand Law Questions? Ask a Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

We have a island property at 9 Jackett Island Lot 3 DP7208…

Customer Question
Hi we have a island...
Hi we have a island property at 9 Jackett
Island Lot 3 DP7208 MOTUEKA we have been told that our legal seaward boundary if the MHW tide being 3.66. Others are saying no that it is the TOTSM outline. Can you advise please thank you Gail
Submitted: 2 years ago.Category: New Zealand Law
Show More
Show Less
Ask Your Own New Zealand Law Question
Answered in 1 hour by:
2/28/2016
Solicitor: Chris The Lawyer, Lawyer replied 2 years ago
Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 15,508
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
Verified

It is not possible to check this online, but you need to look at the title and the deposited plan. You also need to check with the council. Your title should show the boundary and if not fully detailed then the plan will have that measurement. You also need to ask the council because they will also have a note of the subdivision and the seaward bounday. If you dont have a copy of the plan and title I can suggest where you obtain these.

Ask Your Own New Zealand Law Question
Solicitor: Chris The Lawyer, Lawyer replied 2 years ago

I am not sure what you mean by TOTSM

Ask Your Own New Zealand Law Question
Customer reply replied 2 years ago
Top if the south map
Customer reply replied 2 years ago
Top Of the south map
Solicitor: Chris The Lawyer, Lawyer replied 2 years ago

Without seeing the title and drawing of the plan, it is often the MHW measurement which is used, and i have seen on titles. The other measurement is not one I have seen used on plans. Riparain rights and boundaries are always measured by the MHW in my experience

Ask Your Own New Zealand Law Question
Customer reply replied 2 years ago
Do you have an email I can attach the title map to for you to view thank you
Solicitor: Chris The Lawyer, Lawyer replied 2 years ago

You can attach it on this by using the little paperclip icon

Ask Your Own New Zealand Law Question
Customer reply replied 2 years ago
Title photo map attached
Solicitor: Chris The Lawyer, Lawyer replied 2 years ago

Great just looking now

Ask Your Own New Zealand Law Question
Solicitor: Chris The Lawyer, Lawyer replied 2 years ago

Where is the notation showing the boundary is MHW? If its not on this where did you get that information?

Ask Your Own New Zealand Law Question
Customer reply replied 2 years ago
This map marked in pink is the MHW this is what we have been told. We also have full radian rights attached to our property
Customer reply replied 2 years ago
This is the map a survor gave us showing that our title has the marks of the MHW
Customer reply replied 2 years ago
Sorry I meant rapian rights
Solicitor: Chris The Lawyer, Lawyer replied 2 years ago

The riparian rights go to MHW so I think that is the position. Have you seen the title and what it says.? This is a fairly old plan and some of the older plans dont have as much detail. Cuncil records are also important. The latest plan you attach is also consistent with that

Ask Your Own New Zealand Law Question
Customer reply replied 2 years ago
The first image I sent is our title
This is a copy of an email from a surveyor who does work in the areaFDear Gail
We have made a brief review of the boundaries of your Jackett Island property, Lot 3 DP 7208. On DP 7208 the seaward boundary is noted as M.H.W.M. (Mean High Water Mark) indicating this is an ambulatory boundary subject to the doctrine of accretion and erosion. See extract of DP 7208 below. Generally if there is a natural change in the location of the line of MHWM then your legal boundary changes with it, apart from in the case of avulsion. Avulsion in this situation may be the rapid erosion of the shoreline by waves during a storm etc. Artificial diversion or reclamation also do not alter the legal boundary.
At the Port Nelson tide gauge Mean High Water has been determined as being a tide of 3.66m, therefore to get a rough idea of your legal boundary you could wait for a predicted high tide of say 3.7m and see where the line of that high tide comes along shore adjacent to your property. It would pay to check more than one tide in case of deviations of the actual tide height from the predicted tide height.
We also note that the legal boundaries indicated on the TDC ‘Topofthesouth’ website are based on the data supplied by LINZ. In the case of Jackett Island the boundary lines are non-SDC and have only been digitised from plan records. They are indicative only and may be different to the true location of legal boundaries in this instance.
We suggest that if you have any queries with the above you seek legal advice.
Yours sincerelyThen they are saying that the boundary is the TOTSM and any land we have gained has to be claimed through NZLII am understanding that if the MHW tide has changed then any difference between our title map and the MHW tide being the 3.66 we would have to lodge a claim but does not make sense when the tide is changing all the time?
Solicitor: Chris The Lawyer, Lawyer replied 2 years ago

So I understand that there is an argument based on MHW. In practical terms, what has become the issue based on the potential difference?

Ask Your Own New Zealand Law Question
Customer reply replied 2 years ago
Som Europe on the island say that the legal boundary is the TOTSM others say it is the MHW tide at 3.66. Just trying to understand which it is
Customer reply replied 2 years ago
Some people
Solicitor: Chris The Lawyer, Lawyer replied 2 years ago

I think you can rely on MHW for the boundary

Ask Your Own New Zealand Law Question
Was this answer helpful?
Ask Chris The Lawyer Your Own Question
Chris The Lawyer
Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 15,508
15,508 Satisfied Customers
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.

Chris The Lawyer is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Chris The Lawyer

Chris The Lawyer

Lawyer

15,508 satisfied customers

38 years qualified as a lawyer; LLB, MMgt and FAMINZ.

serish khan

serish khan

Lawyer

68 satisfied customers

Solicitor/Partner at Khan & Associates

LawNZ

LawNZ

Other

31 satisfied customers

Trusted advisor to businesses and individuals on company, consumer, employment, IP, and trusts issues, among others.

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,580 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

21,399 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

< Previous | Next >

Related New Zealand Law Questions
A question concerning redeployment of affected persons after
hello yes a question concerning redeployment of affected persons after a restructure (In the public service). My understadning is that a permanent employee whose role is disestablished must be offered… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
15,508 satisfied customers
A company offered me a payout figure on a debt. they have me
hi a company offered me a payout figure on a debt. they have me a deadline. on that day they rang and I told them straight up I had the money. as soon as i I told them. they said deals off the table, … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
15,508 satisfied customers
1. I am currently applying for the work visa. However, I
1. I am currently applying for the work visa. However, I have found a better option while my application is still ongoing. So is it possible to apply for new work visa? If I can, should I cancel it fi… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
15,508 satisfied customers
Nz property lawyer. Nothing. NZ Property distribution after
NZ Property distribution after death when there is no will… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
15,508 satisfied customers
What happens when 3 executors cannot agree as to whether
What happens when 3 executors cannot agree as to whether one … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
15,508 satisfied customers
My mother in law died a number of years ago and left her
My mother in law died a number of years ago and left her estate to only 2 of her 3 children - 50% each....the estate final distribution has still not been made...can the third child still make a claim… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
15,508 satisfied customers
Just read through your conversation with Mr and Mrs Irie and
Hi Chris, just read through your conversation with Mr and Mrs Irie and we are two in a same situation with Classic Holidays. We got sucked in joining while holiday in Gold Coast, we were given a scrat… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
15,508 satisfied customers
I applyed for my son who passed away kiwisaver and received
I applyed for my son who passed away kiwisaver and received it..my son had no will..i have spent this money on his headstone and clothes for his daughter plus paid any bills he left behind now his ex … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
15,508 satisfied customers
I am a builder, and I have guys working under me, but my
Hi there, I am a builder, and I have guys working under me, but my client I contract to, wants to know about my guys ird information, this is a first time someone asked me to give them my guys ird inf… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
15,508 satisfied customers
Just wondering what are the grounds for removing an executor
Just wondering what are the grounds for removing an executor from an estate in New Zealand and the process please. … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
15,508 satisfied customers
My sister separated from her husband three weeks ago. Her
Hi, my sister separated from her husband three weeks ago. Her starting point is 50/50 custody (although she wants more knows her children also love their Dad). He is controlling access to the children… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
15,508 satisfied customers
I am flying air NZ tomorrow Tauranga - Dunedin - NZ. Am I
I am flying air NZ tomorrow Tauranga - Dunedin - NZ. Am I alloowed to put a 227gm butane /propane gas bottle in my luggage - safety issues. … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
15,508 satisfied customers
We gave a valuable diamond ring to a jeweller in Botany
we gave a valuable diamond ring to a jeweller in Botany centre for repairs to the clasp over a month ago and every time we check to see if is ready we get a different excuse, they even said it might h… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
15,508 satisfied customers
My daughter (aged five) has just started school and I have
My daughter (aged five) has just started school and I have some questions about her schools computer use agreement. I am uncomfortable with the wording in the agreement particularly signing that a fiv… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
15,508 satisfied customers
I resigned from my employer after taking them to tbe ERA. We
I resigned from my employer after taking them to tbe ERA. We settled just prior to the case being heard. I often want to comment on issues I hear about in the media but am afraid to do so in case I am… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
15,508 satisfied customers
I would like to ask question relating to libel, slander and
I would like to ask question relating to libel, slander and defamation law in New Zealand please. … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
15,508 satisfied customers
I am thinking of filing a cross-appeal against an appeal
I am thinking of filing a cross-appeal against an appeal against a decision made by the small claims court in my favour. This will be at a conference pre-trial hearing at North Shore DC. … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
15,508 satisfied customers
I am operating small business,passport photo studio at 233
hi I am operating small business,passport photo studio at***** … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
15,508 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x