Risk of Unlicensed Cadastral Surveys

Australian case highlights risk of unlicensed cadastral surveys

Surveyor-General Anselm Haanen

The Australian case of a man convicted for performing cadastral surveys without a licence is unlikely to be replicated here, but is a timely reminder of New Zealand requirements, says Surveyor-General Anselm Haanen.

In February, the Perth Magistrates Court convicted an unlicensed surveyor who had been operating for more than 40 years. He was found guilty of six criminal charges brought against him by the Land Surveyors Licensing Board of Western Australia.

The defendant argued that as he had never lodged the surveys (and never intended to), he could not have conducted an unauthorised survey. The court did not accept the argument and he was found guilty, fined and ordered to pay a percentage of the Board’s legal costs.

Mr Haanen says it’s unlikely such an extreme case would happen here, but there is a need for better awareness about who can undertake a cadastral survey.

“It is important people are aware that cadastral survey work must be undertaken by a licensed surveyor. The exception is where survey technicians may carry out work under the direction of a licensed cadastral surveyor,” Mr Haanen says.

“Section 47(1) of the Act requires a cadastral survey to be conducted by a licensed cadastral surveyor or someone acting under their direction.”

To date no one has been prosecuted, but under s57 of the Cadastral Survey Act 2002 it is an offence for somebody without a licence to undertake a cadastral survey.

“Anyone convicted of undertaking an unlicensed survey could be fined up to $1000.”

Mr Haanen says licensed surveyors or their staff who have concerns about irregular survey work, should raise them with his office. “I’d like them to contact us as soon as possible,” he says.

“Outside of the profession, this might be dismissed as harmless, but under the Act, any attempt by an unlicensed person to mark a boundary would be considered to be undertaking a cadastral survey illegally.” •

. . . under the Act, any attempt by an unlicensed person to mark a boundary would be considered to be undertaking a cadastral survey illegally.

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