An Analysis of the Cadastral Systems of New Zealand and South Australia
Assignment 2: Research Essay A Comparison of the Cadastral Systems in New Zealand and South Australia
By Leighton Joyes
574038
Due 17/05/2012
New Zealand and South Australia both stem from British heritage and they have both inherited the common law system and developed cadastral systems from this (Toms, Williiamson, & Grant, 1988). A cadastre can be defined as “a public register usually recording the area (and spatial location) of land parcels in a country or jurisdiction” (Toms, et al. 1988). Australia is a federation and operates separate cadastral systems in each state and territory. There is no prescribed organisational structure to these states, and land administration is a state government responsibility (Dalrymple, Williamson, & Wallace, 2003). The South Australia Act was passed in 1834, allowing the Crown to establish one or more colonies in the south-west of what was then New South Wales; however it wasn’t until 1836 that Australia became a political entity of Britain (Painter, 2012). Not long after, New Zealand became a British colony through the signing of the Treaty of Waitangi in 1840, which proclaimed British Sovereignty over the land.
The cadastres in New Zealand and Australia serve a similar primary function of issuing and tranfering title to land, as well as the registration of any interests relating to land (Cadastral Template, 2003). Having both developed from similar roots many similarities exist between the cadastral systems of New Zealand and South Australia, but as the individual countries have matured over years, and changes have occurred within Australia, so to have differences developed between the cadastral systems. This essay seeks to analyse the differences and similarities that exist between the cadastral systems of New Zealand and South Australia.
As both New Zealand and South Australia were settled by the British they both adopted a deeds registration system as their
By Leighton Joyes
574038
Due 17/05/2012
New Zealand and South Australia both stem from British heritage and they have both inherited the common law system and developed cadastral systems from this (Toms, Williiamson, & Grant, 1988). A cadastre can be defined as “a public register usually recording the area (and spatial location) of land parcels in a country or jurisdiction” (Toms, et al. 1988). Australia is a federation and operates separate cadastral systems in each state and territory. There is no prescribed organisational structure to these states, and land administration is a state government responsibility (Dalrymple, Williamson, & Wallace, 2003). The South Australia Act was passed in 1834, allowing the Crown to establish one or more colonies in the south-west of what was then New South Wales; however it wasn’t until 1836 that Australia became a political entity of Britain (Painter, 2012). Not long after, New Zealand became a British colony through the signing of the Treaty of Waitangi in 1840, which proclaimed British Sovereignty over the land.
The cadastres in New Zealand and Australia serve a similar primary function of issuing and tranfering title to land, as well as the registration of any interests relating to land (Cadastral Template, 2003). Having both developed from similar roots many similarities exist between the cadastral systems of New Zealand and South Australia, but as the individual countries have matured over years, and changes have occurred within Australia, so to have differences developed between the cadastral systems. This essay seeks to analyse the differences and similarities that exist between the cadastral systems of New Zealand and South Australia.
As both New Zealand and South Australia were settled by the British they both adopted a deeds registration system as their
Cited: (2003). Retrieved 05 2012, 15, from Cadastral Template: http://www.cadastraltemplate.org/countrydata/au.htm CSLB Hinde, G. (1971). Indefeasibility of Title since Frazer v. Walker. NZ Torrens System Centennial Essays, 33-50. ICSM. (2011). Australia and New Zealand Cadastral Systems Questions and Answers. LINZ Painter, A. (2012, 05 13). 1834 South Australia Act. Retrieved from Professional Historians Association (South Australia): http://www.sahistorians.org.au/175/chronology/august/15-august-1834-south-australia-act.shtml Toms, K., Williiamson, I., & Grant, D Walker, R. C. (1916, May). The Torrens System. The Virginia Law Register, pp. 1-6. Weir, M. (2007). Three Things You Ought to Know about the Australian Legal System. IALS Conference, (pp. 59-60). Suzhou.