Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698839775997.pdf (New Zealand)
Reprint as at 1 July 2010 Land Transfer Regulations 2002 (SR 2002/213) Silvia Cartwright, Governor-General Order in Council At Wellington this 23rd day of July 2002 Present: Her Excellency the Governor-General in Council Pursuant to sections 235 and 236 of the Land Transfer Act 1952, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.
Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These regulations are administered by Land Information New Zealand.
1 Land Transfer Regulations 2002 Reprinted as at 1 July 2010 Title Commencement Interpretation Contents Part 1 Preliminary provisions Part 2 Instruments Classes of instruments capable of being electronic instruments How instruments must refer to register Who must sign paper instruments Physical properties of paper documents Forms of paper instruments Form of registrable memorandum Rights and powers implied in easements Part 3 Certification and execution of instruments Parties in respect of whom certification under section 164A of Act is required Form of certification Legal effect of certifications Period for which certifier must keep evidence showing truth of certification How certificates of correctness must be executed How paper instruments must be executed Part 4 Registration Supporting documents When duplicate certificate or other instrument of title must be produced [Revoked] When particulars of other instruments must be supplied [Revoked] Deposit of plans When plans must be deposited Registration process Things that must not be registered Alterations to instruments Page Reprinted as at 1 July 2010 Land Transfer Regulations 2002 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Withdrawal of instruments after lodgement Registration as to part of land affected Merger of estates or interests Change of name Notice to caveator of instrument presented for registration Change by
 caveator of address for service Death of caveator Powers of attorney Records and their integrity Records and indexes Documents must not be altered while retained by Registrar Documents must not be altered after registration Plans must not be altered after deposit Part 5 Certificates of title Delivery of new certificate of title issued on request [Revoked] Delivery of new certificate of title issued on registration of instrument [Revoked] General powers of Registrar as to delivery of documents [Revoked] Area of land or number of parcels or subdivisions on 1 title Part 6 Administration Prescribed notice periods Where and when services must be available Assistance to persons searching Part 7 Fees Fees Fees are inclusive of GST Revocation Schedule 1 Electronic instrument Schedule 2 Forms of paper instruments 24 25 25 25 26 26 26 27 27 28 28 28 28 28 28 29 29 32 32 33 33 34 35 40 3 r 1 Land Transfer Regulations 2002 Reprinted as at 1 July 2010 Schedule 3 Form of registrable memorandum Schedule 4 Rights and powers implied in easements Schedule 5 Fees payable for matters under Land Transfer Act 1952 102 103 112 Regulations Title These regulations are the Land Transfer Regulations 2002.
Part 1 Preliminary provisions Commencement These regulations come into force on 26 August 2002.
Interpretation In these regulations, unless the context otherwise requires,— 2002 Act means the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Act means the Land Transfer Act 1952 auto lodgement, in relation to an image or template specified in Schedule 5, means the electronic lodgement of the image or template auto registration, in relation to a document specified in Schedule 5, means the electronic registration of the document certificate of correctness means a certificate of correctness required by section 164 of the Act certification means a certification required by section 164A of the Act charge, in relation to a discharge instrument, means the charge, notation, or other thing to which the instrument relates 1 2 3 4 Reprinted as at 1 July 2010 Land Transfer Regulations 2002 Part 1 r 3 chargeholder, in relation to a discharge instrument, means the person who is authorised by an enactment or rule of law to require the Registrar to give effect to the instrument Commonwealth country— (a) means a country that is a member of the British Com- (b) monwealth of Nations; and includes— (i) every territory for whose international relations the Government of that country is responsible; and the Republic of Ireland, as if that country were a member of the British Commonwealth of Na- tions (ii) (b) (ii) Commonwealth representative— (a) means an Ambassador, High Commissioner, Commis- sioner, Minister, Counsellor, Charge d’Affaires, Head of Mission, Consular Officer, plenipotentiary,
 Pro-con- sul, Trade Commissioner, or Tourist Commissioner of a Commonwealth country (including New Zealand); and includes— (i) a person lawfully acting for an office holder re- ferred to in paragraph (a); and a diplomatic secretary on the staff of an Ambas- sador, High Commissioner, Commissioner, Min- ister, Counsellor, Charge d’Affaires, or Head of Mission referred to in paragraph (a) conveyancer has the same meaning as in section 4 of the 2002 Act digital cadastral survey dataset has the same meaning as in section 4 of the Cadastral Survey Act 2002 discharge instrument means an instrument of any of the kinds listed under the item “discharge instrument” in Part 1 of Schedule 1 plan means a graphical representation of 1 or more cadastral surveys.
Regulation 3 auto lodgement: inserted, on 1 September 2007, by regulation 4 of the Land Transfer Amendment Regulations 2007 (SR 2007/216).

Regulation 3 auto registration: inserted, on 1 September 2007, by regulation 4 of the Land Transfer Amendment Regulations 2007 (SR 2007/216).

5 Part 2 r 4 Land Transfer Regulations 2002 Reprinted as at 1 July 2010 Regulation 3 charge: inserted, on 8 October 2007, by regulation 4 of the Land Transfer Amendment Regulations (No 2) 2007 (SR 2007/261).
Regulation 3 chargeholder: inserted, on 8 October 2007, by regulation 4 of the Land Transfer Amendment Regulations (No 2) 2007 (SR 2007/261).

Regulation 3 discharge instrument: inserted, on 8 October 2007, by regulation 4 of the Land Transfer Amendment Regulations (No 2) 2007 (SR 2007/261).

Regulation 3 discharge instrument: amended, on 29 September 2008, by regulation 4 of the Land Transfer Amendment Regulations (No 2) 2008 (SR 2008/283).
Part 2 Instruments Classes of instruments capable of being electronic instruments 4 (1) An instrument is capable of being an electronic instrument if it meets the requirements of subclause (2) or, in the case of a deposit document, meets the requirements of subclause (3).

The instrument— (a) must belong to a class of permissible instrument de- (2) (b) scribed in Part 1 of Schedule 1; and is subject to the restrictions set out for instruments of that class in Part 2 of Schedule 1.
(3) A deposit document is capable of being an electronic instru- ment if— (a) (b) (c) it has been prepared in an electronic workspace facility approved by the Registrar; and it is in an acceptable form under section 26 of the 2002 Act; and it contains or is associated with any certification or ap- proval given under the Resource Management Act 1991 or the Unit Titles Act 1972 by the relevant territorial au- thority that is a prerequisite to the deposit of the plan under section 167 of the Act, the issue of a certificate of title, or the creation of a computer register.
Regulation 4(1): amended, on 30 October 2003, by regulation 3(1) of the Land Transfer Amendment Regulations (No 2) 2003 (SR 2003/274).

Regulation 4(2): substituted, on 29 September 2008, by regulation 5 of the Land Transfer Amendment Regulations (No 2) 2008 (SR 2008/283).

Regulation 4(3): added, on 30 October 2003, by regulation 3(2) of the Land Transfer Amendment Regulations (No 2) 2003 (SR 2003/274).
6 Reprinted as at 1 July 2010 Land Transfer Regulations 2002 Part 2 r 6 How instruments must refer to register 5 (1) An instrument that affects any land or estate or interest for which a computer register has been created must refer to the unique identifier for that computer register.

(2) An instrument that affects any land or estate or interest for which no computer register has been created must refer to the unique identifier for the instrument or document that defines the land or estate or interest.
6 Who must sign paper instruments If the instrument is of a class described in the first column of the following table and the case described in the second column applies, the party or parties specified (opposite those descriptions) in the third column must sign the instrument: Instrument Case Parties who must sign Transfer instrument (section 90 of Act) Any land or estate or interest in land is transferred The transferor An easement is re- served transferor The transferee and the Easement instru- ment (sections 90A and 90F of Act) An or easement profit à prendre is surren- created or dered, or the transfer contains covenants binding on the per- son who is to take the interest under the transfer The easement to be created or surren- dered is not in gross The transferor and the per- son who is to take the inter- est registered The propri- etors of the dominant and servient tenements The easement to be created or surren- dered is in gross The registered proprietor of the servient tenement and the grantee A land covenant is created or surren- dered registered The propri- etors of the dominant and servient tenements 7 Part 2 r 6 Land Transfer Regulations 2002 Reprinted as at 1 July 2010 Instrument Case Easement variation instrument (sections 90C and 90F of Act) The easement to be varied is not in gross The easement to be varied is in gross A land covenant is varied Mortgage instru- ment (section 101 of Act) All cases Encumbrance strument 101 of Act) in- (section All cases Mortgage variation instrument (section 102 of Act) The variation only operates to reduce the amount secured or the rate of interest The variation only operates to increase the amount secured or the rate of interest All other cases Mortgage instrument 103 of Act) priority (section All cases Parties who must sign registered The propri- etors of the dominant and servient tenements The registered proprietor of the servient tenement and the grantee registered The propri- etors of the dominant and servient tenements The registered proprietor of the land,
 estate, or in- terest affected by the mort- gage The registered proprietor of the land, estate, or inter- est affected by the encum- brance The mortgagee The registered proprietor of the land, estate, or in- terest affected by the mort- gage The registered proprietor of the land, estate, or in- terest affected by the mort- gage, and the mortgagee The registered proprietor of the land, estate, or in- terest affected by the mort- gage, and every mortgagee under every mortgage that, as a result of the mortgage priority instrument, will be ranked after any mortgage over which it previously had priority Mortgage discharge instrument (section 111 of Act) All cases The mortgagee 8 Reprinted as at 1 July 2010 Land Transfer Regulations 2002 Part 2 r 7 Instrument Lease instrument (section 115 of Act) Lease variation in- strument (section 116 of Act) Lease surrender in- strument (section 120 of Act) Licence to occupy (section 121C of Act) Variation of licence to occupy (sections 121C and 121E of Act) Surrender of licence to occupy (section 121K of Act) Transmission (sec- tion 122 of Act) Caveat against bringing land under Act (section 136 of Act) Caveat against deal- ings with land under Act (section 137 of Act) Withdrawal of caveat (section 147 of Act) Case All cases Parties who must sign The lessee and the lessor All cases The lessee and the lessor All cases The lessee and the lessor All cases All cases All cases All cases All cases All cases All cases The flat or office
 owning company and the share- holder The flat or office owning company and the licensee The flat or office owning company and the licensee The person applying to have a transmission regis- tered caveator or attorney The caveator’s agent caveator or attorney The caveator’s agent the or the or caveator or attorney the The caveator’s or agent under a written au- thority (or without written authority if the proviso to section 147 of the Act ap- plies) Regulation 6: substituted, on 8 October 2007, by regulation
 5 of the Land Trans- fer Amendment Regulations (No 2) 2007 (SR 2007/261).
Physical properties of paper documents 7 (1) A paper document must— 9 Part 2 r 7 Land Transfer Regulations 2002 Reprinted as at 1 July 2010 (a) (b) consist of paper that— (i) (ii) (iii) (iv) have dense black or blue ink.
is cream or white; and is free from discoloration and blemishes; and is International size A4; and has a density of not less than 80 g/m2; and (2) A paper document for which a form is set out in forms 1 to 24 of Schedule 2 must— be on 1 page; or (a) as far as is reasonably practicable, have the core elem- (b) ents on 1 page and have other elements on an annexure schedule that complies with subclause (3).
(3) An annexure schedule must— (a) (b) (c) (d) be in form 25 of Schedule 2; and be initialed or signed by all persons who signed the page containing the core elements; and state the total number of pages contained in it; and if it consists of more than 1 page, have consecutively numbered pages.
In this regulation,— core elements means the following elements of a paper docu- ment: (a) (b) the name of the paper document: the references in the document to the unique identifiers or certificates of title: the descriptions of the relevant land or estate or interest: the names of the parties involved: any relevant memorandum number: the operative clause, or the application contained in the document: the certificate of correctness (if the prescribed form re- quires this): the date (if the prescribed form requires this): any address for service (if the prescribed form requires this): any other information that the relevant prescribed form requires to be stated, being information that does not form part of an annexure schedule: (c) (d) (e) (f) (g) (h) (i) (j) (4) 10 Reprinted as at 1 July 2010 Land Transfer Regulations 2002 Part 2 r 10 (k) any footnote relating to any matter referred to in para- graphs (a) to (j) paper document means— a paper instrument: (a) a document if,— (b) (i) on registration, it does not become part of the register; or on delivery to the Registrar, an entry in respect of the document does not have to be made in the register.
Compare: SR 1966/25 r 5A (ii) Forms of paper instruments For the purposes of section 237(1)(a) of the Act, the forms set out in Schedule 2 must be regarded as containing the informa- tion required by the Act for the relevant class of instrument.
Compare: SR 1966/25 r 7 Form of registrable memorandum The form set out in Schedule 3 is the form of memorandum that must be used for the purposes of section 155A of the Act in conjunction with the following forms (which are set out in Schedule 2): (a) (b) (c) (d) (e) (f) Compare: SR 1966/25 r 6A form 2 (transfer instrument): form 3 (easement instrument): form 6 (mortgage instrument (all obligations)): form 7 (mortgage instrument (fixed sum)): form 8 (encumbrance instrument): form 12 (lease instrument).
Rights and powers implied in easements For the purposes of section 90D(1) of the Act,— (a) the different classes of easement to which implied rights and powers apply are set out in clause 2 of Schedule 4: the provisions set out in clauses 3 to 9 of Schedule 4 are implied in each class of easement to the extent indicated in those provisions: (b) 11 8 9 10 Part 3 r 11 Land Transfer Regulations 2002 Reprinted as at 1 July 2010 (c) the provisions set out in clauses 10 to 14 of Schedule 4 are implied in each class of easement.
11 Part 3 Certification and execution of instruments Parties in respect of whom certification under section 164A of Act is required If the instrument is of a class described in the first column of the following table and the case described in the second col- umn applies, a certification must be given on behalf of the party specified (opposite those descriptions) in the third col- umn: Electronic instrument Case Transfer instrument (section 90 of Act) A conveyancer acting for the transferor Easement ment 90A, 90F of Act) instru- (sections Easement variation instrument (sec- tions 90C, 90F of Act) Mortgage instru- ment (section 101 of Act) Encumbrance strument 101 of Act) in- (section Mortgage variation instrument (section 102 of Act) A conveyancer acting for the transferee A conveyancer acting for the grantor A conveyancer acting for the grantee A conveyancer acting for the grantor A conveyancer acting for the grantee A conveyancer acting for the mortgagor A conveyancer acting for the mortgagee A conveyancer acting for the encumbrancer A conveyancer acting for the encumbrancee A conveyancer acting for the mortgagor A conveyancer acting for the mortgagee Specified party The transferor The transferee The grantor The grantee The grantor The grantee The mortgagor The mortgagee The encumbrancer The encumbrancee The mortgagor The mortgagee 12 Reprinted as at 1 July 2010 Land Transfer Regulations 2002 Part 3 r 11 Electronic instrument Mortgage priority instrument (section 103 of Act) instru- Discharge ment (section 111
 of Act and various other enactments) Case A conveyancer acting for the mortgagor A conveyancer or con- veyancers acting for 1 or more mortgagees giving priority A conveyancer or con- veyancers acting for 1 or more mortgagees taking priority A conveyancer acting for the chargeholder Specified party The mortgagor Every mortgagee giv- ing priority Every mortgagee tak- ing priority The chargeholder instrument Lease (section 115 of Act) A conveyancer acting for the lessor A conveyancer acting for the lessee A
 conveyancer acting for the lessor A conveyancer acting for the lessee A conveyancer acting for the lessor A conveyancer acting for the lessee A conveyancer acting for the licensor A conveyancer acting for the licensee A conveyancer acting for the licensor A conveyancer acting for the licensee A conveyancer acting for the applicant Lease variation in- strument (section 116 of Act) Lease surrender in- strument (section 120 of Act) Licence to occupy (section 121C of Act) of li- Surrender cence to occupy (section 121K of Act) Application for transmission (sec- tions 99A, 122 of Act) The lessor The lessee The lessor The lessee The lessor The lessee The licensor The licensee The licensor The licensee The applicant 13 Part 3 r 11 Land Transfer Regulations 2002 Reprinted as at 1 July 2010 Electronic instrument Case Caveat (sections 137, 205(4) of Act) A conveyancer acting for the caveator Specified party The caveator A conveyancer acting for the applicant The applicant A conveyancer acting for the applicant The applicant A conveyancer acting for the claimant The claimant A conveyancer acting for the registered proprietor The applicant A conveyancer acting for the registered proprietor The applicant A conveyancer acting for the registered proprietor The applicant A conveyancer acting for the registered proprietor The registered propri- etor A conveyancer acting for the territorial authority The territorial author- ity A conveyancer acting for the registered proprietor The
 registered propri- etor A conveyancer acting for the territorial authority The territorial author- ity Application to note merger lease of (regulation 25) Application for or correction change of name (regulation 26) of Notice claim 42(3), (section Property (Relation- ships) Act 1976) land as Application to a settle joint family home (sections 5, 12A, Joint Family Homes Act 1964) 4, Application to can- fam- cel a joint ily (sec- home tion 10(1)(a), Joint Family Homes Act 1964) Application for de- title
 posit of unit plan (section 5(3), Unit Titles Act 1972) strip Esplanade (sections 232, 235, Resource Manage- ment Act 1991) for ac- Easement cess strip (section 237B, Resource Management Act 1991) 14 Reprinted as at 1 July 2010 Land Transfer Regulations 2002 Part 3 r 12 Electronic instrument Covenant against transfer, lease, or disposition other (section 240, Re- source Manage- ment Act 1991) Case Specified party A conveyancer acting for the registered proprietor The registered propri- etor A conveyancer acting for the territorial authority The territorial author- ity 12 Regulation 11: substituted, on 29 September 2008, by regulation 6 of the Land Transfer Amendment Regulations (No 2) 2008 (SR 2008/283).
Form of certification A certification that is given on behalf of a party specified in the third column of the table in regulation 11 must be in the following form: “I certify that I have the authority to act for [insert description of the appropriate party from the third column of the table in regulation 11] and that the party has the legal capacity to authorise me to lodge this instrument.
I certify that I have taken reasonable steps to confirm the iden- tity of the person who gave me authority to lodge this instru- ment.
I certify that any statutory provisions specified by the Registrar for this class of instrument have been complied with or do not apply, and [whichever of the following apply]— I certify that any statutory provisions specified by the Registrar relating to Maori freehold land have been complied with or do not apply [use this form if an electronic workspace facility generates a notification that the land is or could be Maori land]; or I certify that the caveator or claimant under [insert Caveat, or Notice of Claim, and number here] has consented to this transaction, which is subject to the caveat or notice of claim, and I hold that consent [use this form if the transaction is to be registered with caveator’s or claimant’s consent]; or I certify that the chargeholder under [insert type and registration number of charge here] has consented to this transaction and I hold that consent, or the charge 15 Part 3 r 13 Land Transfer Regulations 2002 Reprinted as at 1 July 2010 does not prevent registration [use this form if the title affected by the transaction is subject to a charge]; or I certify that the mortgagee under Mortgage [insert the mortgage number here] has consented to this transac- tion and I hold that consent [use this form if the trans- action is to be registered with the mortgagee’s consent]; or I certify that the licensor or lessor of the affected licence or lease has consented to this transaction, or notice has been given to the Commissioner of Crown Lands, or (in the case of mortgages) the licensor’s
 or lessor’s consent or notice to the Commissioner is not required under the Land Act 1948 [use this form if the transaction is to be registered against a licence or lease under that Act]; or I certify that the mortgagee under Submortgage [insert the submortgage number here] has consented to this transaction and I hold that consent, or the mortgage postponed by this transaction is not subject to the sub- mortgage [use this form if the title affected by the trans- action is affected by a submortgage]; or I certify that the applicant is entitled to be registered as proprietor by virtue of transmission [use this form if the transaction is an application for transmission]; or I certify that the territorial authority has consented to this transaction and I hold that consent, or the affected easement is not the subject of a condition imposed by the territorial authority [use this form if the transaction to be registered is a variation of easement or a surren- der of easement].
I certify that I hold evidence showing the truth of the certifi- cations I have given and will retain that evidence for the pre- scribed period.” Regulation 12: substituted, on 29 September 2008, by regulation 6 of the Land Transfer Amendment Regulations (No 2) 2008 (SR 2008/283).
Legal effect of certifications For the purposes of section 164E(1) of the Act, on the regis- tration of an instrument of a class described in the first column of the following table, the instrument has the same effect as a 13 (1) 16 Reprinted as at 1 July 2010 Land Transfer Regulations 2002 Part 3 r 13 deed executed by the party or parties specified (opposite that description) in the second column: Instrument Transfer instrument (section 90 of Act) Parties deemed to have executed instrument The transferor and the transferee Easement 90A, 90F of Act) instrument (sections The grantor and the grantee Easement (sections 90C, 90F of Act) variation instrument The grantor and the grantee Mortgage instrument (section 101 of Act) The registered proprietor of the land, estate, or interest affected by the mortgage Encumbrance instrument (section 101 of Act) The encumbrancer variation Mortgage (section 102 of Act) instrument The mortgagor and the mortgagee Mortgage priority instrument (sec- tion 103 of Act) Lease instrument (section 115 of Act) Lease variation instrument (sec- tion 116 of Act) Lease surrender instrument (sec- tion 120 of Act) The mortgagor; and Every mortgagee under every mort- gage that, as a result of the mortgage priority instrument, will be ranked after any mortgage over which it previously had priority The lessor and the lessee The lessor and the lessee The lessor and the lessee (2) For the purposes of section 164E(3)(b) of the Act, on the regis- tration of an instrument of a class described in the
 first column of the following table where the case described in the second column of that table applies, the instrument has effect as an instrument made in writing and duly executed by the party or parties specified (opposite that description) in the third col- umn: 17 Part 3 r 13 Land Transfer Regulations 2002 Reprinted as at 1 July 2010 Instrument Case Transfer instrument (section 90 of Act) Easement instru- ment (sections 90A, 90F of Act) Easement variation instrument (sections 90C, 90F of Act) Any land,
 estate, or in- terest in land is trans- ferred An easement served is re- An easement or profit à prendre is created or or surrendered, the transfer contains covenants binding on the person who is to take the interest under the transfer The easement to be created or surrendered is not in gross The easement to be created or surrendered is in gross A land covenant is to be created or surren- dered The easement varied is not in gross to be The easement varied is in gross to be A land covenant is to be varied Mortgage instru- ment (section 101 of Act) All cases Parties deemed to have executed The transferor The transferor and the transferee The transferor and the person who is to take the interest The registered propri- etors of the dominant and servient tenements The registered propri- the servient etor of the tenement grantee and The registered propri- etors of the dominant and servient tenements The registered propri- etors of the dominant and servient tenements The registered propri- the servient etor of tenement the grantee and The registered propri- etors of the dominant and servient tenements The registered propri- etor of the land, estate, or interest affected by the mortgage Encumbrance strument 101 of Act) in- (section All cases The encumbrancer 18 Reprinted as at 1 July 2010 Land Transfer Regulations 2002 Part 3 r 13 Instrument Mortgage variation instrument (section 102 of Act) Mortgage instrument 103 of Act) priority (section Case All cases All cases
 Parties deemed to have executed The mortgagor and the mortgagee The mortgagor; and Every mortgagee under every mortgage that, as a result of the mortgage prior- ity instrument, will be ranked after any mort- gage over which it pre- viously had priority instru- Discharge ment (section 111 of Act and various other enactments) Lease instrument (section 115 of Act) Lease variation in- strument (section 116 of Act) Lease surrender in- (section strument 120 of Act) Licence to occupy (section 121C of Act) Surrender of
 licence to occupy (section 121K of Act) for Application transmission (sec- tions 99A, 122 of Act) (sections Caveat 137, 205(4) of Act) Application to note lease of merger (regulation 25) All cases The chargeholder All cases All cases All cases All cases All cases The lessor and the lessee The lessor and the lessee The lessor and the lessee The flat or office own- ing company and the shareholder The flat or office own- ing company and the li- censee All cases The applicant All cases All cases the The caveator or caveator’s attorney or agent The registered propri- etor 19 Part 3 r 13 Land Transfer Regulations 2002 Reprinted as at 1 July 2010 Case All cases All cases Parties deemed to have executed The registered propri- etor The or claimant claimant’s attorney or agent All cases The applicant All cases The applicant All cases The applicant All cases All cases All cases The registered propri- etor and the local au- thority The registered propri- etor and the local au- thority The owner and the ter- ritorial authority Instrument Application for cor- rection or change of name (regulation 26) Notice of claim (sec- tion 42(3), Property (Relationships) Act 1976) Application to settle land as a joint fam- ily home (sections 4, 5, 12A, Joint Family Homes Act 1964) a Application to can- fam- joint cel ily home (section 10(1)(a), Joint Fam- ily Homes Act 1964) Application for de- posit of unit title plan (section 5(3), Unit Titles Act 1972) Esplanade strip (sec- tions 232, 235,
 Re- source Management Act 1991) Easement for access strip (section 237B, Resource Manage- ment Act 1991) against Covenant lease, or transfer, other disposition (section 240, Re- source Management Act 1991) Regulation 13: substituted, on 29 September 2008, by regulation 6 of the Land Transfer Amendment Regulations (No 2) 2008 (SR 2008/283).
20 Reprinted as at 1 July 2010 Land Transfer Regulations 2002 Part 3 r 16 14 15 Period for which certifier must keep evidence showing truth of certification For the purposes of section 164A(3)(d) of the Act, the period for which evidence of the truth of a certification must be re- tained is 10 years from the date on which the instrument to which the certification relates is lodged for registration.
How certificates of correctness must be executed A certificate of correctness that is given by a conveyancer must— (a) be signed by the conveyancer in his or her own name and not in the name of any firm with which he or she may be connected; and show that he or she is acting for the party claiming under the instrument.
(b) How paper instruments must be executed 16 (1) A person who is required to execute a paper instrument for the purposes of registration or deposit under the Act must be regarded as having complied with that requirement if— (a) the person adds the person’s signature or mark to the instrument before a witness who is not a party to the transaction; or the instrument is signed by the person’s attorney, under a power of attorney deposited with the Registrar, before a witness who is not a party to the transaction; or the instrument is executed in accordance with any other enactment that prescribes a method of execution that may be adopted by that person.
(b) (c) (3) (2) A witness to the execution of an instrument under subclause (1) must sign an attestation clause in form 26 of Schedule 2 or in a form to the same effect.
Subject to subclause (4), if the Registrar considers it necessary, he or she may, before registering an instrument, require that the authenticity or validity of the execution of the instrument be verified by a statutory declaration given by— (a) (b) the executing party in form 27 of Schedule 2; or the witness to the execution in form 28 of Schedule 2.
21 Part 4 r 17 Land Transfer Regulations 2002 Reprinted as at 1 July 2010 (4) (5) (b) (c) (d) If execution occurs elsewhere than in New Zealand, no further proof of execution is required if the instrument has been wit- nessed— (a) by a Commonwealth representative exercising his or her functions in that country and sealed with his or her seal of office (if any); or by a Notary Public exercising his or her office in that country; or if the provisions of section 9 of the Evidence Amend- ment Act 1945 apply, in the manner provided in that section; or if the instrument is executed in any Commonwealth country, then— (i) in a manner prescribed by paragraph (a) for in- struments executed in a foreign country; or in the manner (if any) prescribed by the law of that country for the verification of documents to be used abroad.
(ii) In the absence of proof to the contrary, it is presumed that— a seal or signature impressed, affixed, appended, or sub- (a) scribed on or to an instrument submitted for registration or deposit, or on or to a document verifying the execu- tion of any such instrument, is genuine; and the person appearing to have signed or attested the in- strument or document had in fact authority to sign or attest it; and the document was in fact made in accordance with the law under which it purports to have been made.
(b) (c) Part 4 Registration Supporting documents 17 When duplicate certificate or other instrument of title must be produced [Revoked] Regulation 17: revoked, on 8 October 2007, by regulation 8 of the Land Trans- fer Amendment Regulations (No 2) 2007 (SR 2007/261).
22 Reprinted as at 1 July 2010 Land Transfer Regulations 2002 Part 4 r 21 18 When particulars of other instruments must be supplied [Revoked] Regulation 18: revoked, on 8 October 2007, by regulation 8 of the Land Trans- fer Amendment Regulations (No 2) 2007 (SR 2007/261).

Deposit of plans 19 (1) A person seeking to deposit a plan must present it at a land registry office in the same manner and within the same hours that apply to the presentation of instruments for registration.
Subclause (1) does not apply to digital cadastral survey datasets.

Compare: SR 1966/25 r 31 (2) 20 When plans must be deposited Before issuing a certificate or certificates of title or creating a computer register, on the application of any registered propri- etor under section 86 of the Act, the Registrar may require a plan of the land comprised in the certificate or certificates of title to be deposited in accordance with the requirements of section 167 of the Act.
Compare: SR 1966/25 r 34 Registration process 21 Things that must not be registered The Registrar must not register any instrument that— (a) does not comply in all respects with the requirements of the Act and of these and any other regulations for the time being in force under the Act; or is contrary to any other law or enactment; or appears to involve any fraud or improper dealing; or purports to create estates or interests not capable of registration, or to deal with estates or interests not regis- tered or not capable of registration; or purports to deal with land or other property not subject to the provisions of the Act; or purports to deal with matters not capable of inclusion in the register; or (b) (c) (d) (e) (f) 23 Part 4 r 22 Land Transfer Regulations 2002 Reprinted as at 1 July 2010 (g) contains an erasure, or contains an alteration to any writ- ing that is not made in accordance with regulation 22.
Compare: SR 1966/25 rr 8, 16 22 Alterations to instruments For the purposes of regulation 21(g), the following provisions apply to alterations made to instruments: (a) (b) (c) (d) any writing intended to have no effect must be struck out, but the struck-out writing must be left legible: any writing that is intended to replace the struck-out writing must be inserted as closely as possible to the struck-out writing: if the alteration affects or could affect the interests of any signatory of the instrument, the alteration must be initialled or signed by each signatory of the instrument and by either the signatory’s witnesses (if any) or the conveyancer acting for that signatory; and if the alteration affects or could affect the interests of any person (other than a signatory of the instrument) re- ceiving the benefit under the instrument, the alteration must be initialled or signed by each person or the con- veyancer acting on the person’s behalf.
Compare: SR 1966/25 r 12 23 Withdrawal of instruments after lodgement (1) This regulation applies if an instrument has been lodged for registration or deposit with the Registrar but has not been registered.

(2) When this regulation applies, the person who lodged the in- strument or the person’s duly authorised agent may withdraw the instrument at any time before it is registered.
The right to withdraw an instrument includes the right to with- draw all instruments lodged in connection with it by the per- son, except those instruments that may be required to be re- tained by the Registrar.

(3) (4) A proportion of the fees paid in respect of the withdrawn in- strument may be refunded or credited to the person by whom they were paid.
Compare: SR 1966/25 r 40 24 Reprinted as at 1 July 2010 Land Transfer Regulations 2002 Part 4 r 26 Registration as to part of land affected 24 (1) An instrument dealing only with land subject to the provisions of the Act that is otherwise registrable or that will or could be registrable at some future time in its present form may be accepted for registration as to part only of the land affected if a request for partial registration is endorsed on the instrument and signed by the person presenting it for registration.
(2) A partially registered instrument may, in the same manner, be subsequently accepted for registration as to the remainder or any other part of the land affected by the instrument, subject to payment in respect of each registration of the same fees as if each registration were effected by a separate instrument.

[Revoked] Compare: SR 1966/25 r 9 (3) Regulation 24(3): revoked, on 29 September 2008, by regulation 7 of the Land Transfer Amendment Regulations (No 2) 2008 (SR 2008/283).
25 Merger of estates or interests (1) The registered proprietor of any estate or interest claiming that the estate or interest has merged in a greater estate or interest of which that person is also the registered proprietor may apply to the Registrar to note the merger of the lesser estate or interest.

The application must be supported by the statutory declar- ation of the registered proprietor or any other evidence that the Registrar considers necessary.
The Registrar, on being satisfied that the merger has been ef- fected at law and in equity, must notify the merger on the regis- ter and on the appropriate instruments of title.

Compare: SR 1966/25 r 37 Change of name This regulation applies if it appears to the satisfaction of the Registrar that— (a) a registered proprietor has changed his, her, or its name; or the name of a registered proprietor is incorrectly stated in the Registrar’s records.
(b) (2) When this regulation applies, the Registrar may, on payment of the prescribed fee, endorse a memorial of the change of name 25 (2) (3) 26 (1) Part 4 r 27 Land Transfer Regulations 2002 Reprinted as at 1 July 2010 (3) 27 or make the necessary corrections in his or her records (as the case may be).

Form 23 or form 24 of Schedule 2 (whichever is appropriate) may be used to request the Registrar to take action under sub- clause (2).
Compare: SR 1966/25 r 38 Notice to caveator of instrument presented for registration If a person presents an instrument for registration and the registration of the instrument is prevented by a caveat, the Registrar must give to the caveator the notice referred to in section 145 of the Act.
Compare: SR 1966/25 r 25 Change by caveator of address for service 28 (1) A caveator may give to the Registrar a notice under subclause (2) at any time before the Registrar receives— (a) a request to give the notice referred to in regulation 27; or an application for the caveat to lapse under section 145A(1) of the Act.
(b) The notice must be in writing and appoint another place or ad- dress within the district at or to which notices and proceedings relating to the caveat may be served or addressed instead of the place or address stated in the caveat.

Compare: SR 1966/25 r 26 Death of caveator If a caveator dies while a caveat is still in force, the caveator’s legal personal representatives may withdraw the caveat or give an appropriate consent under section 147 of the Act.
If there are no legal personal representatives, the person or persons who appear to the Registrar to be properly entitled to the estate or interest protected by the caveat may withdraw the caveat or give an appropriate consent under section 147 of the Act.
The Registrar may require the person or persons referred to in subclause (2) to provide a satisfactory indemnity against (2) 29 (1) (2) (3) 26 Reprinted as at 1 July 2010 Land Transfer Regulations 2002 Part 4 r 31 30 (1) (2) 31 claims against the Crown or the Registrar arising out of his or her acceptance of the withdrawal or the consent.
Compare: SR 1966/25 r 27 Powers of attorney The Registrar may decline to deposit a power of attorney or a duplicate or attested copy of a power of attorney unless the original has been duly executed in accordance with regulation 16.

Every power of attorney or duplicate or attested copy of a power of attorney deposited with the Registrar must comply with regulation 7(1).
Compare: SR 1966/25 r 28 Records and their integrity Records and indexes In addition to the registers provided for by the Act or by the 2002 Act, the Registrar must keep the following records for each district: (a) (ii) (iii) a record of all instruments received for registration, which must specify for each instrument— (i) the reference number or other unique identifier given to the instrument; and the date and time when the instrument was re- ceived; and the reference number or other unique identifier of the provisional register, certificate of title, or computer register that is to be affected by the proposed registration of the instrument; and an indexing system that enables any provisional regis- ter, certificate of title, or computer register to be identi- fied by reference to the name of the registered proprietor concerned or by reference to the description of the land concerned; and a record of all applications to bring land under the op- eration of the Act or the 2002 Act.
(b) (c) Compare: SR 1966/25 r 5 27 Part 4 r 32 Land Transfer Regulations 2002 Reprinted as at 1 July 2010 32 33 Documents must not be altered while retained by Registrar Except as authorised by the Registrar, no alteration may be made in any application or instrument during its retention in the office.

Compare: SR 1966/25 r 13 Documents must not be altered after registration No alteration may be made in any instrument after it has been registered.
Compare: SR 1966/25 r 14 Plans must not be altered after deposit 34 (1) No alteration may be made in or to any plan after it has been deposited.

(2) However, with the consent of the Registrar, additional or cor- rective information distinguished as such may be marginally added.
Compare: SR 1966/25 r 33 Part 5 Certificates of title Delivery of new certificate of title issued on request [Revoked] Regulation 35: revoked, on 8 October 2007, by regulation 8 of the Land Trans- fer Amendment Regulations (No 2) 2007 (SR 2007/261).

Delivery of new certificate of title issued on registration of instrument [Revoked] Regulation 36: revoked, on 8 October 2007, by regulation 8 of the Land Trans- fer Amendment Regulations (No 2) 2007 (SR 2007/261).
General powers of Registrar as to delivery of documents [Revoked] Regulation 37: revoked, on 8 October 2007, by regulation 8 of the Land Trans- fer Amendment Regulations (No 2) 2007 (SR 2007/261).
35 36 37 28 Reprinted as at 1 July 2010 Land Transfer Regulations 2002 Part 6 r 39 38 (1) (2) 39 Area of land or number of parcels or subdivisions on 1 title The Registrar may, at his or her discretion, decide the area of land or number of allotments that may be included in 1 certifi- cate of title or computer register.
The Registrar may, if the circumstances so warrant, issue a new certificate of title or create a computer register in respect of every allotment shown on a plan deposited under the Act or in respect of any 2 or more of those allotments.
Compare: SR 1966/25 r 39 Part 6 Administration Prescribed notice periods The first column of the following table lists provisions for which notice periods are to be prescribed, the second column describes each provision, and the third column prescribes the period of notice for each provision: Enactment Description of provision Prescribed period Land Transfer Act 1952— sections 23 and 136(1) section 44(2) the 1 month after date of publication of the advertisement of the application in the Gazette 14 days The minimum period under section 23 or the prescribed period under section 136(1) within which a caveat for- bidding the bringing of land under the Act may be lodged The minimum period of no- tice that must be given by the Registrar before dis- pensing with production of a duplicate instrument to enable registration of a dealing 29 Part 6 r 39 Land Transfer Regulations 2002 Reprinted as at 1 July 2010 Enactment section 70(4)(b) section 73 section 87(4) section 89C(2) section 121(1) section 145 Description of provision Prescribed period The period of notice that must be given by the Regis- trar before removing a de- termined, extinguished, or redundant easement from the register The period of time for which the Registrar may withhold the issue of title where notice of an applica- tion is required to be given by advertisement The minimum period of no- tice that must be given by the Registrar before issuing a provisional certificate of title The minimum period that may be set by the Regis- trar when advertising a
 time within which the local or controlling authority may lodge a caveat The minimum period of no- tice of re-entry by the lessor that must be given by the Registrar if publication is required The first prescribed period, being the period within which a caveator may give notice to the Registrar that an application has been made to the High Court to prevent the caveat lapsing 1 month 14 days from the time limited in the advertisement 14 days 1 month 1 month Within 14 days after the date on which the Registrar
 has given notice to the caveator that an application has been made for the registration of an instrument affecting the land, estate, or interest protected by the caveat 30 Reprinted as at 1 July 2010 Land Transfer Regulations 2002 Part 6 r 39 Enactment section 145 section 145A(3) section 145A(3)(b) Land (Hawke’s Act 1931— Transfer Bay) section 11(4) section 17(5) Description of provision Prescribed period second The prescribed period, being the period within which a court order sustaining the caveat may be served on the Registrar to prevent the caveat laps- ing The period within which a caveator may give notice to the Registrar that an appli- cation has been made to the High Court in order to pre- vent the caveat lapsing The period within which a court order sustaining the caveat may be served on the Registrar to prevent the caveat lapsing The minimum period that may be set in a notice pub- lished by the Registrar ap- pointing time within which a caveat may be lodged The period after which the Registrar’s discretion to re- move any easement, profit à prendre, or other encum- brance may be exercised if the proprietor has failed to comply with a written no- tice requiring particulars of such matters Within 28 days after the date on which the caveator has given notice to the Regis- trar that an applica- tion has been made to the High Court to prevent the caveat lapsing Within 14 days after the date on which the Registrar has given notice to the caveator that an
 application has been made for the caveat to lapse Within 28 days after the date on which the caveator has given notice to the Regis- trar that an applica- tion has been made to the High Court to prevent the caveat lapsing 1 month from the date of the last pub- lication of the notice 6 months from the date of the notice 31 Part 6 r 40 Land Transfer Regulations 2002 Reprinted as at 1 July 2010 Enactment Description of provision Prescribed period Land Transfer Amendment Act 1963— section 7(3) section 10(1) section
 12(1) The date, for inclusion in the notice of the applica- tion, after which the Regis- trar may proceed with the application unless on or before that date a caveat has been lodged against the land concerned The minimum time period the Registrar may set in a notice to the caveator The minimum time period that the Registrar may set in a notice to the caveator A date not less than 1 month nor more than 12 months from the date of the first pub- lication of the notice less than 3 Not months after the giv- ing of the notice less than Not 3 months after the giv- ing of the notice 40 Where and when services must be available (1) There must be a land registry office for each land district, but the office need not be located within the land district.
(2) A land registry office must be open to the public for the trans- action of business daily, except— (a) (b) (c) Sundays; and Saturdays; and holidays listed in section 44 of the Holidays Act 2003; and any other day authorised by the Registrar.

(d) Land registry offices are to be open at the times fixed by the Registrar, and he or she may fix different opening hours for different purposes.
Compare: SR 1966/25 r 3 Regulation 40(2)(c): amended, on 1 April 2004, by section 91(2) of the Holi- days Act 2003 (2003 No 129).

Assistance to persons searching Employees of the chief executive of the department may give reasonable assistance to persons searching, but no search on behalf of any person searching may be made by any of those (3) 41 32 Reprinted as at 1 July 2010 Land Transfer Regulations 2002 Part 7 r 43 employees except by special arrangement approved by the Registrar.
Compare: SR 1966/25 r 30 Part 7 Fees 42 (1) (2) Fees The fees set out in Schedule 5 are payable in respect of the matters specified in that schedule.

The appropriate fees are payable to the Registrar, but he or she may permit a person to pay any fees in accordance with a credit arrangement.
(3) A party to a credit arrangement who fails to pay a fee in ac- cordance with the arrangement is liable to pay interest on that fee— (a) at the rate prescribed for the time being under section 87 of the Judicature Act 1908; and from the date on which the fee should have been paid to the date on which it is paid.

(b) (4) (5) (6) 43 If there is no credit arrangement, any fee in respect of a re- quested matter is payable before the request is met.
If 2 or more proprietors holding separate parcels of land under separate certificates of title or having different interests or shares in separate parcels of land combine in 1 instrument to deal with their respective parcels or shares, the same regis- tration fees are payable in respect of the instrument as if each proprietor had executed a separate instrument.

If 2 or more operations are included in the same instrument, the same fees are payable as if each operation were effected by a separate instrument.
Fees are inclusive of GST The fees set out in Schedule 5 are inclusive of goods and ser- vices tax.

33 Part 7 r 44 Land Transfer Regulations 2002 Reprinted as at 1 July 2010 44 Revocation The Land Transfer Regulations 1966 (SR 1966/25) are re- voked.

34 Reprinted as at 1 July 2010 Land Transfer Regulations 2002 Schedule 1 Schedule 1 Electronic instrument Schedule 1: substituted, on 29 September 2008, by regulation 8 of the Land Transfer Amendment Regulations (No 2) 2008 (SR 2008/283).
r 4 Part 1 Permissible instruments The following table describes, for the purposes of regulation 4(2)(a), the classes of permissible instrument: Class of permissible instrument Description Transfer instrument Easement instrument Made under section 90(1) of Act Made under sections 90A and 90F of Act Easement variation instrument Made under sections 90C and 90F of Act Mortgage instrument Made under section 101 of Act Encumbrance instrument Made under section 101 of Act Mortgage variation instrument Made under section 102 of Act Mortgage priority instrument Made under section 103 of Act Discharge instrument— (a) (b) discharge of mortgage (in- cludes discharge of encum- brance) Section 111 of Act discharge of family benefit charge Section 14(3) or (4), Family Benefits (Home Ownership) Act 1964 (c) discharge of charging order Rule 599, District Courts Rules 1992 Rule 577, High Court Rules Section 184, Child Support Act 1991 Section 101, Domestic Proceedings Act 1968 Section 118, Family Proceedings Act 1980 Sections 66, 101, Local Government (Rat- ing) Act 2002 Section 55, Maori Affairs Restructuring Act 1989 Sections 80, 153, Rating Act 1967 Sections 143, 186, Rating Powers Act 1988 35 Schedule 1 Land Transfer Regulations 2002 Reprinted as at 1 July 2010 Part 1—continued Class of permissible instrument Description Sections 82, 333, Te Ture Whenua Maori Act 1993 Any other provision of an enactment that authorises the discharge of a charging order against land noted on the register (d) discharge of statutory land
 charge Section 7, Statutory Land Charges Regis- tration Act 1928 Section 52, Electricity Act 1968 Section 57(3), Estate and Gift Duties Act 1968 Section 14L(5), Farm Ownership Savings Act 1974 Section 18, Legal Aid Act 1969 Section 40, Legal Services Act 1991 Section 32, Legal Services Act 2000 Sections 326(10), 331(1), 335(7), 355(5), 465, 468(5), 511(6), 626(1), 650(5), 674(7), 692ZK(3), Local Government Act 1974 Section 372, Municipal Corporations Act 1954 Sections 73(5), 74(5), 107(6), Public Works Act 1981
 Section 162(5), Rating Powers Act 1988 Sections 109(5), 315(3), Resource Man- agement Act 1991 Section 5A, Rural Housing Act 1939 Section 125, Social Security Act 1964 Section 25, Soil Conservation and Rivers Control Act 1941 Any other provision of an enactment that authorises the discharge of a statutory land charge against land noted on the register withdrawal of caveat Section 147 of Act withdrawal of notice of claim Section 42(3), Property (Relationships) Act 1976 (e) (f) 36 Reprinted as at 1 July 2010 Land Transfer Regulations 2002 Schedule 1 Part 1—continued Class of permissible instrument Description (g) cancellation or expiration of consent notice Section 221(5), Resource Management Act 1991 (h) cancellation of bond discharge of lien Sections 304, 348, Local Government Act 1974, or section 109(2), Resource Man- agement Act 1991 Section 42, Wages Protection and Con- tractors’ Liens Act 1939 cancellation of building-line restriction Section 327A, Local Government Act 1974 withdrawal of notice of desire to acquire land discharge of compensation certificate discharge of certificate of con- sent Section 18, Public Works Act 1981 Section 19(7), Public Works Act 1981 Section 115, Public Works Act 1981 release of irrigation notice Section 220, Public Works Act 1981 discharge of irrigation charge Section 221, Public Works Act 1981 discharge Commission notice of Earthquake discharge Commission notice of Earthquake removal of notification of building consent Regulation
 5A, Earthquake and War Dam- age Regulations 1984 Section 28, Earthquake Commission Act 1993 Section 74, Building Act 2004 discharge of tax charge Section 367, Income Tax Act 1976 cancellation of amalgamation condition Section 241, Resource Management Act 1991 revocation easement condition of compulsory Section 243(f), Resource Management Act 1991 (i) (j) (k) (l) (m) (n) (o) (p) (q) (r) (s) (t) (u) Lease instrument Made under section 115 of Act Lease variation instrument Made under section 116 of Act Lease
 surrender instrument Made under section 120 of Act Licence to occupy Made under section 121C of Act Surrender of licence to occupy Made under section 121K of Act Application for transmission Made under sections 99A, 122 of Act Caveat Made under sections 137, 205(4) of Act 37 Schedule 1 Land Transfer Regulations 2002 Reprinted as at 1 July 2010 Part 1—continued Class of permissible instrument Description Application to note merger of lease Made under regulation 25 of these regula- tions Application for correction or change of name Made under regulation 26 of these regula- tions Notice of claim Made under section 42(3), Property (Rela- tionships) Act 1976 Application to settle land as a joint family home Made under sections 4, 5, 12A, Joint Fam- ily Homes Act 1964 Application to cancel a joint family home Made under section 10(1)(a), Joint Family Homes Act 1964 Application for deposit of unit title plan Made under section 5(3), Unit Titles Act 1972 Esplanade strip Easement for access strip Made under sections 232, 235, Resource Management Act 1991 Made under section 237B, Resource Man- agement Act 1991 Covenant against transfer, other disposition lease, or Made under section 240, Resource Man- agement Act 1991 Part 2 Restrictions on electronic instruments The following table sets out, for the purposes of regulation 4(2)(b), restrictions for each class of permissible instrument: Class of permissible instrument Restrictions All instruments An instrument required by any
 enactment to be executed by a court Registrar or under a court seal cannot be an electronic instrument Mortgage variation instrument May affect only 1 mortgage Discharge instrument May affect only 1 charge 38 Reprinted as at 1 July 2010 Land Transfer Regulations 2002 Schedule 1 Part 2—continued Class of permissible instrument Restrictions Transfer instrument, mortgage instru- ment, mortgage variation instrument, mortgage priority instrument, appli- cation for transmission, caveat, notice of claim, or
 application for correction or change of name An instrument affecting any land, estate, or interest— (a) for which 1 computer register has been created; or comprised in 1 registered instru- ment; or for which more than 1 computer register has been created (if the affected registered proprietor is the same in each case); or comprised in more than 1 regis- tered instrument (if the type of es- tate or interest, and affected regis- tered proprietor, are the same in each case).
(b) (c) (d) Application for transmission May not relate to a transmission of any land, estate, or interest comprised in a computer register noted with the words “No survivorship”.
39 Schedule 2 Land Transfer Regulations 2002 Reprinted as at 1 July 2010 Schedule 2 Forms of paper instruments Application for removal of easements and profits à prendre Transfer instrument Easement instrument to grant easement or profit à prendre, or create land covenant Easement instrument to surrender easement, profit à prendre, or land covenant Easement variation instrument to vary easement, profit à prendre, or land covenant Mortgage instrument (all obligations) Mortgage instrument (fixed sum) Encumbrance instrument Mortgage variation instrument Mortgage priority instrument Mortgage discharge instrument Lease instrument Lease variation instrument Lease surrender instrument Application for transmission (survivorship) Application for transmission (personal representatives) Caveat against bringing land under Land Transfer Act 1952 Caveat against dealings with land under Land Transfer Act 1952 Withdrawal or partial withdrawal of caveat Caveat giving notice of estate or interest under Part 12 of Land Transfer Act 1952 Caveat forbidding issue of ordinary certificate of title or computer register Application for certificate of title on ground of possession Application for correction or change of name Application for change of name (company or incorporated society) Annexure Schedule Attestation Statutory declaration of person executing r 8 Page Reprinted as at
26 27 40 Reprinted as at 1 July 2010 Land Transfer Regulations 2002 Schedule 2 28 Statutory declaration of witness 101 41 Schedule 2 Land Transfer Regulations 2002 Reprinted as at 1 July 2010 Form 1 Application for removal of easements and profits à prendre Section 70, Land Transfer Act 1952 Land registration district BARCODE Applicant Surname must be underlined.
Application The applicant applies to the Registrar to remove the easement(s) and/or profit(s) à prendre scheduled below by making an entry on the register that the easement(s) and/or profit(s) à prendre is/are determined, extinguished, or redundant on the grounds set out in the statutory declaration in Annexure Schedule 1.

Schedule of easements and profit(s) à prendre Continue in additional Annexure Schedule if required.
Purpose (nature and extent) Shown/document number Servient tenement (Identifier/CT) Dominant tenement (Identifier/CT or in gross) Addresses for service of parties on whom notice to be served Continue in additional An- nexure Schedule if required.

Include all persons entitled to any interest under the easement(s) or profit(s) à prendre, including mortgages.

Full name Full postal address Certified correct for the purposes of the Land Transfer Act 1952.
[Solicitor for] the Applicant 42 Reprinted as at 1 July 2010 Land Transfer Regulations 2002 Schedule 2 Form 1—continued Annexure Schedule 1 for removal Application of easements and profits à prendre Dated Page 2 of pages Statutory declaration Delete words in [ ] as required.

I 1 2 solemnly and sincerely declare that: I am the [owner of the [dominant] [servient] tenement(s)] [grantee in gross] referred to in the attached application.
The [easement(s)] [profit(s) à prendre] referred to in the Schedule of easements and profits à prendre in the application [is] [are] determined, extinguished, or redundant due to the— [separation of [part of] the dominant tenement from the servient tenement caused by: [the subdivision shown on* [** [effluxion of time*** [merger of**** ] ] ] ] and the [easement(s) [profit(s) à prendre] no longer [serve(s) the dominant tenement] [bene- fit(s) the grantee in gross].
3 Addresses for service of notice are complete and accurate to the best of my knowledge and belief.
AND I make this declaration conscientiously believing the same to be true by virtue of the Oaths and Declarations Act 1957 DECLARED at this before me: day of 20 ) ) ) A person authorised to take a statutory declaration under the Oaths and Declarations Act 1957 * Enter number of subdivision plan ** Enter other reason for separation of dominant and servient tenements *** Enter circumstances of expiry **** Enter details of merger 43 Schedule 2 Land Transfer Regulations 2002 Reprinted as at 1 July 2010 Form 2 Transfer instrument Section 90, Land Transfer Act 1952 Land registration district BARCODE Unique identifier(s) or C/T(s) All/part Area/description of part or stratum Transferor Surname(s) must be underlined.
Transferee Surname(s) must be underlined.

Estate or interest to be transferred, or easement(s) or profit(s) à prendre to be created State if fencing covenant imposed.

Operative clause The Transferor transfers to the Transferee the above estate or interest in the land in the above certificate(s) of title or computer register(s) and, if an easement or profit à prendre is described above, that easement or profit à prendre is granted or created.
Dated this day of 20 44 Reprinted as at 1 July 2010 Land Transfer Regulations 2002 Schedule 2 Form 2—continued Attestation in an Annexure Schedule.
If the transferee or grantee is to execute this transfer, include the attestation Signed in my presence by the Transferor _________________________________________ Signature of witness Witness to complete in BLOCK letters (unless legibly printed) Witness name Occupation Address Signature [common seal] of Transferor Certified correct for the purposes of the Land Transfer Act 1952.
[Solicitor for] the Transferee 45 Schedule 2 Land Transfer Regulations 2002 Reprinted as at 1 July 2010 Form 3 Easement instrument to grant easement or profit à prendre, or create land covenant Sections 90A and 90F, Land Transfer Act 1952 Land registration district Grantor Grantee BARCODE Surname must be underlined.

Surname must be underlined.


Grant* of easement or profit à prendre or creation or covenant The Grantor, being the registered proprietor of the servient tenement(s) set out in Schedule A, grants to the Grantee (and, if so stated, in gross) the easement(s) or profit(s) à prendre set out in Schedule A, or creates the covenant(s) set out in Schedule A, with the rights and powers or provisions set out in the Annexure Schedule(s).
Dated this day of 20 Attestation Signed in my presence by the Grantor _________________________________________ Signature of witness Witness to complete in BLOCK letters (unless legibly printed) Witness name Occupation Address Signature [common seal] of Grantor 46 Reprinted as at 1 July 2010 Land Transfer Regulations 2002 Schedule 2 Form 3—continued Signed in my presence by the Grantee _________________________________________ Signature of witness Witness to complete in BLOCK letters (unless legibly printed) Witness name Occupation Address Signature [common seal] of Grantee Certified correct for the purposes of the Land Transfer Act 1952.
*If the consent of any person is required for the grant, the specified consent form must be used.

[Solicitor for] the Grantee 47 Schedule 2 Land Transfer Regulations 2002 Reprinted as at 1 July 2010 Form 3—continued Annexure Schedule 1 Easement instrument Dated Page 2 of pages Schedule A Purpose (nature and extent) of easement, profit, or covenant Continue in additional Annexure Schedule if required.
Shown (plan reference) Servient tenement (Identifier/CT) Dominant tenement (Identifier/CT or in gross) Easements or profits à prendre rights and powers (including terms, covenants, and conditions) Delete phrases in [ ] and insert memorandum number as required.

Continue in additional Annexure Schedule if required.
Unless otherwise provided below, the rights and powers implied in specific classes of easement are those prescribed by the Land Transfer Regulations 2002 and/or Schedule 9 of the Property Law Act 1952.

The implied rights and powers are [varied] [negatived] [added to] or [substituted] by: [Memorandum number 1952].

, registered under section 155A of the Land Transfer Act [the provisions set out in Annexure Schedule 2].

Covenant provisions Delete phrases in [ ] and insert memorandum number as required.
Continue in additional Annexure Schedule if required.

The provisions applying to the specified convenants are those set out in: [Memorandum number 1952].

[Annexure Schedule 2].


, registered under section 155A of the Land Transfer Act All signing parties and either their witnesses or solicitors must sign or initial in this box 48 Reprinted as at 1 July 2010 Land Transfer Regulations 2002 Schedule 2 Form 4 Easement instrument to surrender easement, profit à prendre, or land covenant Sections 90A and 90F, Land Transfer Act 1952 Land registration district BARCODE Grantee Grantor Surname must be underlined.

Surname must be underlined.


Surrender* of easement, profit à prendre, or covenant The Grantee, being the registered proprietor of the dominant tenement(s) set out in Schedule A or being the Grantee in gross, surrenders to the Grantor the easement(s), profit(s) à prendre, or covenant(s) set out in Schedule A, and the Grantor accepts the surrender of those ease- ment(s), profit(s) à prendre, or covenant(s).
Dated this day of 20 Attestation Signed in my presence by the Grantee _________________________________________ Signature of witness Witness to complete in BLOCK letters (unless legibly printed) Witness name Occupation Address 49 Signature [common seal] of Grantee Schedule 2 Land Transfer Regulations 2002 Reprinted as at 1 July 2010 Form 4—continued Signed in my presence by the Grantor _________________________________________ Signature of witness Witness to complete in BLOCK letters (unless legibly printed) Witness name Occupation Address Signature [common seal] of Grantor Certified correct for the purposes of the Land Transfer Act 1952.
*If the consent of any person is required for the surrender, the specified consent form must be used.

[Solicitor for] the Grantor 50 Reprinted as at 1 July 2010 Land Transfer Regulations 2002 Schedule 2 Form 4—continued Annexure Schedule 1 Easement surrender instrument Dated Page 2 of pages Schedule A Continue in additional Annexure Schedule if required.
Nature of easement, profit, or covenant Unique identifier (Document number) Servient tenement (Identifier/CT) Dominant tenement (Identifier/CT or in gross) All signing parties and either their witnesses or solicitors must sign or initial in this box.
51 Schedule 2 Land Transfer Regulations 2002 Reprinted as at 1 July 2010 Form 5 Easement variation instrument to vary easement, profit à prendre, or land covenant Sections 90C and 90F, Land Transfer Act 1952 Land registration district BARCODE Grantor Grantee Surname must be underlined.

Surname must be underlined.


Variation* of easement, profit à prendre, or covenant The terms, covenants, or conditions contained in the easement(s), profit(s) à prendre, or covenant(s) set out in Schedule A are varied, negatived, or added to as set out in Annexure Schedule 1.
Dated this day of 20 Attestation Signed in my presence by the Grantor _________________________________________ Signature of witness Witness to complete in BLOCK letters (unless legibly printed) Witness name Occupation Address Signature [common seal] of Grantor 52 Reprinted as at 1 July 2010 Land Transfer Regulations 2002 Schedule 2 Form 5—continued Signed in my presence by the Grantee _________________________________________ Signature of witness Witness to complete in BLOCK letters (unless legibly printed) Witness name Occupation Address Signature [common seal] of Grantee Certified correct for the purposes of the Land Transfer Act 1952.
*If the consent of any person is required for the variation, the specified consent form must be used.
[Solicitor for] the Grantor 53 Schedule 2 Land Transfer Regulations 2002 Reprinted as at 1 July 2010 Form 5—continued Annexure Schedule 1 Dated Page 2 of pages Continue in additional Annexure Schedule if required Easement variation instrument Schedule A Nature of easement, profit, or covenant Unique identifier (Document number) Servient tenement (Identifier/CT) Dominant tenement (Identifier/CT or in gross) Variation of terms, convenant, or conditions Continue in additional Annexure Schedule if required.
All signing parties and either their witnesses or solicitors must sign or initial in this box.

54 Reprinted as at 1 July 2010 Land Transfer Regulations 2002 Schedule 2 Form 6 Mortgage instrument (all obligations) Section 101, Land Transfer Act 1952 Land registration district BARCODE Unique identifier(s) or C/T(s) All/part Area/description of part or stratum Mortgagor Surname(s) must be underlined.

Mortgagee Surname(s) must be underlined.


Estate or interest to be mortgaged Insert, eg, fee simple, leasehold in lease number, etc.
Mortgage memorandum number Terms Priority amount: $ Operative clause In consideration of the Mortgagee providing, or agreeing to provide, financial service to or for the accommodation of the Mortgagor, the Mortgagor covenants and agrees with the Mort- gagee so as to incorporate in this mortgage the provisions of the above mortgage memorandum and the terms set out in the Annexure Schedule(s) (if any) and, for the better securing to the Mortgagee the payment of the monies secured by this mortgage, and compliance by the Mort- gagor with the terms of this mortgage, the Mortgagor mortgages to the Mortgagee all the Mortgagor’s estate and interest in the land in the above certificate(s) of title or computer regis- ter(s).
Dated this day of 20 55 Schedule 2 Land Transfer Regulations 2002 Reprinted as at 1 July 2010 Form 6—continued Attestation Signed in my presence by the Mortgagor _________________________________________ Signature of witness Witness to complete in BLOCK letters (unless legibly printed) Witness name Occupation Address Signature [common seal] of Mortgagor Certified correct for the purposes of the Land Transfer Act 1952.
[Solicitor for] the Mortgagee 56 Reprinted as at 1 July 2010 Land Transfer Regulations 2002 Schedule 2 Form 7 Mortgage instrument (fixed sum) Section 101, Land Transfer Act 1952 Land registration district BARCODE Unique identifier(s) or C/T(s) All/part Area/description of part or stratum Mortgagor Surname(s) must be underlined.

Mortgagee Surname(s) must be underlined.

Estate or interest to be mortgaged Insert, eg, fee simple, leasehold in lease number, etc.
Mortgage memorandum number Terms Principal sum: $ Interest commencement date: Repayment of principal sum: Interest dates: Operative clause Ordinary interest rate: Penalty interest rate: % per annum % per annum In consideration of the principal sum lent to the Mortgagor by the Mortgagee (the receipt of which is acknowledged), the Mortgagor covenants and agrees with the Mortgagee, so as to incorporate in this mortgage the provisions of the above mortgage memorandum and the terms set out in the Annexure Schedule(s) (if any), and for the better securing to the Mortgagee the payment of the principal sum, interest, and other monies payable under this mortgage, and compliance by the Mortgagor with the terms of this mortgage, the Mortgagor mortgages to the Mortgagee all the Mortgagor’s estate and interest in the land in the above certificate(s) of title or computer register(s).
57 Schedule 2 Land Transfer Regulations 2002 Reprinted as at 1 July 2010 Form 7—continued Dated this day of 20 Attestation Signed in my presence by the Mortgagor _________________________________________ Signature of witness Witness to complete in BLOCK letters (unless legibly printed) Witness name Occupation Address Signature [common seal] of Mortgagor Certified correct for the purposes of the Land Transfer Act 1952.
[Solicitor for] the Mortgagee 58 Reprinted as at 1 July 2010 Land Transfer Regulations 2002 Schedule 2 Form 8 Encumbrance instrument Section 101, Land Transfer Act 1952 Land registration district BARCODE Unique identifier(s) or C/T(s) All/part Area/description of part or stratum Encumbrancer Surname(s) must be underlined.

Encumbrancee Surname(s) must be underlined.

Estate or interest to be encumbered Insert, eg, fee simple; leasehold in lease num- ber, etc.
Encumbrance memorandum number Nature of security State whether sum of money, annuity, or rentcharge, and amount.

Operative clause Delete words in [ ], as appropriate.
The Encumbrancer encumbers for the benefit of the Encumbrancee the land in the above certificate(s) of title or computer register(s) with the above sum of money, annuity, or rentcharge to be raised and paid in accordance with the terms set out in the [above encumbrance memoran- dum] [Annexure Schedule(s)] and so as to incorporate in this encumbrance the terms and other provisions set out in the [above encumbrance memorandum] [and] [Annexure Schedule(s)] for the better securing to the Encumbrancee the payment(s) secured by this encumbrance, and com- pliance by the Encumbrancer with the terms of this encumbrance.
Dated this day of 20 59 Schedule 2 Land Transfer Regulations 2002 Reprinted as at 1 July 2010 Form 8—continued Attestation Signed in my presence by the Encumbrancer _________________________________________ Signature of witness Witness to complete in BLOCK letters (unless legibly printed) Witness name Occupation Address Signature [common seal] of Encumbrancer Certified correct for the purposes of the Land Transfer Act 1952.
[Solicitor for] the Encumbrancee 60 Reprinted as at 1 July 2010 Land Transfer Regulations 2002 Schedule 2 Form 8—continued Annexure Schedule 1 Dated Page 2 of pages Continue on additional Annexure Schedule(s) if required.
Encumbrance instrument Terms Length of term Payment date(s) Rate(s) of interest Event(s) in which the sum, annuity, or rentcharge becomes payable Event(s) in which the sum, annuity, or rentcharge ceases to be payable Covenants and conditions Continue on additional Annexure Schedule(s) if required.

Modification of statutory provisions Continue in additional Annexure Schedule(s) if required.

All signing parties and either their witnesses or solicitors must sign or initial in this box.
61 Schedule 2 Land Transfer Regulations 2002 Reprinted as at 1 July 2010 Form 9 Mortgage variation instrument Section 102, Land Transfer Act 1952 Land registration district BARCODE Unique identifier(s) or C/T(s) Mortgage number Mortgagor Surname(s) must be underlined.

Mortgagee Surname(s) must be underlined.

Variation* of mortgage The above mortgage is varied as set out in Annexure Schedule 1.
Dated this day of 20 Attestation The Mortgagor need not execute if the variation operates only to reduce the amount secured or rate of interest.
Signed in my presence by the Mortgagor _________________________________________ Signature of witness Witness to complete in BLOCK letters (unless legibly printed) Witness name Occupation Address Signature [common seal] of Mortgagor 62 Reprinted as at 1 July 2010 Land Transfer Regulations 2002 Schedule 2 Form 9—continued The Mortgagee need not execute if the variation operates only to increase the amount secured or rate of interest.
Signed in my presence by the Mortgagee _________________________________________ Signature of witness Witness to complete in BLOCK letters (unless legibly printed) Witness name Occupation Address Signature [common seal] of Mortgagee Certified correct for the purposes of the Land Transfer Act 1952.

[Solicitor for] the [Mortgagor] [Mortgagee] *The specified consent form must be used for the consent of all other mortgagees.
63 Schedule 2 Land Transfer Regulations 2002 Reprinted as at 1 July 2010 Mortgage variation instrument Form 9—continued Annexure Schedule 1 Dated Page 2 of pages Variation of mortgage Delete words in [ ] as required.

Continue in additional Annexure Schedule if required.
The above mortgage is varied as follows: (a) the amount secured is [increased] [reduced] to $ with effect from (b) (c) (d) the rate(s) of interest payable is/are [increased] [decreased] to [ % for the ordinary rate] [and to % for the penal rate] with effect from the term of the mortgage is [renewed] [extended] [reduced] to the covenants, conditions, or powers contained or implied in the mort- gage are varied as follows: and/or and/or and/or 64 Reprinted as at 1 July 2010 Land Transfer Regulations 2002 Schedule 2 Form 10 Mortgage priority instrument Section 103 and Schedule 3, Land Transfer Act 1952 Land registration district BARCODE Unique identifier(s) or C/T(s) All/part Area/description of part or stratum Variation* of priority and/or terms The priority of the mortgages relating to the land in the above certificate(s) of title or computer register(s) and/or the terms implied by Schedule 3 of the Land Transfer Act 1952 is/are varied as set out in Annexure Schedule 1.
Dated this day of 20 Attestation Continue in additional Annexure Schedule if required.
Signed in my presence by the Mortgagor _________________________________________ Signature of witness Witness to complete in BLOCK letters (unless legibly printed) Witness name Occupation Address Signature [common seal] of Mortgagor 65 Schedule 2 Land Transfer Regulations 2002 Reprinted as at 1 July 2010 Form 10—continued Signed in my presence by the Mortgagee giving pri- ority _________________________________________ Signature of witness Witness to complete in BLOCK letters (unless legibly printed) Witness name Occupation Address Signed in my presence by the Mortgagee giving pri- ority _________________________________________ Signature of witness Witness to complete in BLOCK letters (unless legibly printed) Witness name Occupation Address Signature [common seal] of Mortgagee giving priority Signature [common seal] of Mortgagee giving priority Certified correct for the purposes of the Land Transfer Act 1952.
[Solicitor for] the Mortgagee taking priority *The specified consent form must be used for the consent of all submortgagees of any mortgage postponed by this instrument.

66 Reprinted as at 1 July 2010 Land Transfer Regulations 2002 Schedule 2 Form 10—continued Annexure Schedule 1 Dated Page 2 of pages Mortgage priority instrument Variation of priority Continue in additional Annexure Schedule if required.
Mortgage number Mortgagee(s) New ranking First Second Third Fourth Variation of terms Continue in additional Annexure Schedule if required.

Variations of the covenants, conditions, and powers implied by Schedule 3 of the Land Transfer Act 1952: All signing parties and either their witnesses or solicitors must sign or initial in this box.
67 Schedule 2 Land Transfer Regulations 2002 Reprinted as at 1 July 2010 Form 11 Mortgage discharge instrument Section 111, Land Transfer Act 1952 Land registration district BARCODE Unique identifier(s) or C/T(s) All/part Area/description of part or stratum Mortgagor Surname(s) must be underlined.

Mortgagee Surname(s) must be underlined.


Mortgage number Discharge The Mortgagee acknowledges receipt from the Mortgagor of all the principal sum, interest, and other monies payable under, or all the monies secured by, the above numbered mortgage(s) in full satisfaction of the obligations of the Mortgagor under the above numbered mortgage(s) and discharges and releases from the mortgage(s) the land in the above certificate(s) of title or computer register(s).
Dated this day of 20 68 Reprinted as at 1 July 2010 Land Transfer Regulations 2002 Schedule 2 Form 11—continued Attestation Signed in my presence by the Mortgagee _________________________________________ Signature of witness Witness to complete in BLOCK letters (unless legibly printed) Witness name Occupation Address Signature [common seal] of Mortgagee Certified correct for the purposes of the Land Transfer Act 1952.
[Solicitor for] the Mortgagor 69 Schedule 2 Land Transfer Regulations 2002 Reprinted as at 1 July 2010 Form 12 Lease instrument Section 115, Land Transfer Act 1952 Land registration district BARCODE Unique identifier(s) or C/T(s) All/part Area/description of part or stratum Lessor Lessee Surname must be underlined.

Surname must be underlined.

Estate or interest* Insert “fee simple”, “leasehold in lease number”, etc.
Lease memorandum number Term Rental Operative clause If required, set out the terms of lease in Annexure Schedule(s).

The Lessor leases to the Lessee and the Lessee accepts the lease of the above estate or interest in the land in the above certificate(s) of title or computer register(s) for the term and at the rental and on the terms of lease set out in the above lease memorandum or in the Annexure Schedule(s) (if any).
Dated this day of 20 70 Reprinted as at 1 July 2010 Land Transfer Regulations 2002 Schedule 2 Form 12—continued Attestation Signature [common seal] of Lessor Signed in my presence by the Lessor _________________________________________ Signature of witness Witness to complete in BLOCK letters (unless legibly printed) Witness name Occupation Address Signed in my presence by the Lessee _________________________________________ Signature of witness Witness to complete in BLOCK letters (unless legibly printed) Witness name Occupation Address Signature [common seal] of Lessee Certified correct for the purposes of the Land Transfer Act 1952.
*The specified consent form must be used for the consent of any mortgagee of the estate or interest to be leased.

[Solicitor for] the Lessee 71 Schedule 2 Land Transfer Regulations 2002 Reprinted as at 1 July 2010 Form 13 Lease variation instrument Section 116, Land Transfer Act 1952 Land registration district BARCODE Unique identifier(s) or C/T(s) Lease number Lessor Lessee Surname must be underlined.

Surname must be underlined.


Variation* of lease The covenants, conditions, and restrictions contained in the above lease are varied as set out in the Annexure Schedule(s).
Dated this day of 20 Attestation Signed in my presence by the Lessor _________________________________________ Signature of witness Witness to complete in BLOCK letters (unless legibly printed) Witness name Occupation Address Signature [common seal] of Lessor 72 Reprinted as at 1 July 2010 Land Transfer Regulations 2002 Schedule 2 Form 13—continued Signed in my presence by the Lessee _________________________________________ Signature of witness Witness to complete in BLOCK letters (unless legibly printed) Witness name Occupation Address Signature [common seal] of Lessee Certified correct for the purposes of the Land Transfer Act 1952.
*The specified consent form must be used for the consent of any mortgagee of the leased estate or interest.

[Solicitor for] the Lessee 73 Schedule 2 Land Transfer Regulations 2002 Reprinted as at 1 July 2010 Form 13—continued Annexure Schedule 1 Lease variation instrument Dated Page 2 of pages Variation of lease Continue in additional Annexure Schedule if required.
Variation to the above lease: (a) the term of the lease is renewed or extended** to and/or (b) the covenants, conditions, or restrictions contained or implied in the lease are varied as follows: All signing parties and either their witnesses or solicitors must sign or initial in this box.

**A lease variation instrument extending the term of a lease must be registered before expiry of the current lease.
74 Reprinted as at 1 July 2010 Land Transfer Regulations 2002 Schedule 2 Form 14 Lease surrender instrument Section 120, Land Transfer Act 1952 Land registration district BARCODE Unique identifier(s) or C/T(s) Lease number Lessor Lessee Surname must be underlined.

Surname must be underlined.

Surrender of lease* The Lessee surrenders the estate or interest in the above lease to the Lessor and the Lessor accepts the surrender.
Dated this day of 20 Attestation Signed in my presence by the Lessee _________________________________________ Signature of witness Witness to complete in BLOCK letters (unless legibly printed) Witness name Occupation Address Signature [common seal] of Lessee 75 Schedule 2 Land Transfer Regulations 2002 Reprinted as at 1 July 2010 Form 14—continued Signed in my presence by the Lessor _________________________________________ Signature of witness Witness to complete in BLOCK letters (unless legibly printed) Witness name Occupation Address Signature [common seal] of Lessor Certified correct for the purposes of the Land Transfer Act 1952.
*The specified consent form must be used for the consent of any mortgagee or sublessee of the leased estate or interest.

[Solicitor for] the Lessor 76 Reprinted as at 1 July 2010 Land Transfer Regulations 2002 Schedule 2 Form 15 Application for transmission (survivorship) Section 122, Land Transfer Act 1952 Land registration district BARCODE Unique identifier(s) or C/T(s) All/part Area/description of part or stratum Applicant Surname must be underlined.
Estate or interest claimed Application The Applicant applies to the Registrar to register the Applicant as proprietor(s) of the estate or interest referred to above in the land comprised in the above certificate(s) of title or computer register(s), on the grounds set out in the statutory declaration in the Annexure Schedule.

Dated this day of 20 Certified correct for the purposes of the Land Transfer Act 1952.
[Solicitor for] the Applicant 77 Schedule 2 Land Transfer Regulations 2002 Reprinted as at 1 July 2010 Form 15—continued Annexure Schedule 1 Application for transmission (survivorship) Statutory declaration Insert names, addresses, and details where indicated and delete phrases in [ ] as required.

I, of and I, of solemnly and sincerely declare that: 1 I am/we are the survivor(s) of deceased, a certified copy of the entry of whose death in the Register of Deaths is annexed to this schedule and marked ‘A’.
2 The deceased and the person named as * in the certificate(s) of title or computer register(s) referred to in the attached application were one and the same person.

3 At the time of his/her death, the deceased and I/we were registered as the proprietors as joint tenants of the estate or interest claimed in the attached application, [in our own right and free from all trusts and equities].

[subject only to ** ].


4 I/We truly believe myself/ourselves to be entitled to be registered as proprietor(s) of the estate or interest claimed in the attached application, by virtue or my/our survivorship of the deceased.
AND I/we make this declaration conscientiously believing the same to be true and by virtue of the Oaths and Declarations Act 1957 DECLARED at this before me: day of 20 ) ) ) A person authorised to take a statutory declaration under the Oaths and Declarations Act 1957 * ** Insert name of deceased proprietor shown on the register State details of any trusts or equities 78 Reprinted as at 1 July 2010 Land Transfer Regulations 2002 Schedule 2 Form 16 Application for transmission (personal representatives) Section 122, Land Transfer Act 1952 Land registration district BARCODE Unique identifier(s) or C/T(s) All/part Area/description of part or stratum Applicant (state whether as executor or administrator) Surname(s) must be underlined.
Estate or interest claimed Application The Applicant applies to the Registrar to register the Applicant as proprietor(s) of the estate or interest referred to above in the land comprised in the above certificate(s) of title or computer register(s) on the grounds set out in the statutory declaration in the Annexure Schedule.

Dated this day of 20 Certified correct for the purposes of the Land Transfer Act 1952.
[Solicitor for] the Applicant(s) 79 Schedule 2 Land Transfer Regulations 2002 Reprinted as at 1 July 2010 Form 16—continued Annexure Schedule 1 Application for transmission (personal representatives) Statutory declaration Insert names, addresses, and details where indicated and delete phrases in [ ] as required I, of and I, of solemnly and sincerely declare that: 1 I am/we are the executor(s) of the will/administrator(s) of the estate of deceased, by virtue of Probate/Letters of Administration [with Will annexed] granted to me/us by the High Court of New Zealand on under number a certified copy of which is annexed to this schedule and marked ‘A’.
2 The deceased and the person named as * in the certificate(s) of title or computer register(s) referred to in the attached application were one and the same person.

3 At the time of his/her death, the deceased was the registered proprietor of the estate or interest claimed in the application [in his/her own right and free from all trusts and equities].

[subject only to ** ].


4 I/We truly believe myself/ourselves to be entitled to be registered as proprietor(s) of the state or interest claimed in the application.
AND I/we make this declaration conscientiously believing the same to be true and by virtue of the Oaths and Declarations Act 1957 DECLARED at this before me: day of 20 ) ) ) A person authorised to take a statutory declaration under the Oaths and Declarations Act 1957 * ** Insert name of deceased proprietor shown on the register State details of any trusts or equities 80 Reprinted as at 1 July 2010 Land Transfer Regulations 2002 Schedule 2 Form 17 Caveat against bringing land under Land Transfer Act 1952 Section 136, Land Transfer Act 1952 Land registration district BARCODE Description of land to be brought under the Act Include the reference number of the application as stated in the public notice and the date of that notice.
Caveator Surname(s) must be underlined.

Estate or interest claimed and grounds for claim Notice Take notice that the Caveator forbids the bringing of the above land under the provisions of the Land Transfer Act 1952 until this caveat is withdrawn by the Caveator, or removed by order of the High Court, or until the same has lapsed under the provisions of section 144* of the Act.
Address for service of Caveator Dated this day of 20 81 Schedule 2 Land Transfer Regulations 2002 Reprinted as at 1 July 2010 Form 17—continued Attestation Delete inapplicable descriptions in [ ].
Signed in my presence by the [Caveator] [Attorney] [Agent] _________________________________________ Signature of witness Witness to complete in BLOCK letters (unless legibly printed) Witness name Occupation Address Signature(s) [common seal] of [Caveator] [Attorney] [Agent] *Section 144 of the Act provides that this Caveat will be deemed to have lapsed 3 months after receipt by the Registrar unless, within that time, the caveator has given written notice to the Registrar that court proceedings have been taken to establish title to the estate or interest claimed.
82 Reprinted as at 1 July 2010 Land Transfer Regulations 2002 Schedule 2 Form 18 Caveat against dealings with land under Land Transfer Act 1952 Section 137, Land Transfer Act 1952 Land registration district BARCODE Unique identifier(s) or C/T(s) All/part Area/description of part or stratum Caveator Surname(s) must be underlined.
Estate or interest claimed, grounds on which claim founded, and derivation from registered proprietor Notice Take notice that the Caveator forbids the registration of any instrument, having the effect of charging or transferring, or otherwise affecting, the estate or interest protected by this caveat, except as stated below, until this caveat is withdrawn by the Caveator, removed by order of the High Court, or until the same has lapsed under the provisions of sections 145 or 145A of the Land Transfer Act 1952.
The exceptions are: Address for service of Caveator Address for service of Registered Proprietor Dated this day of 20 83 Schedule 2 Land Transfer Regulations 2002 Reprinted as at 1 July 2010 Form 18—continued Attestation Delete inapplicable descriptions in [ ].
Signed in my presence by the [Caveator] [Attorney] [Agent] _________________________________________ Signature of witness Witness to complete in BLOCK letters (unless legibly printed) Witness name Occupation Address Signature(s) [common seal] of [Caveator] [Attorney] [Agent] 84 Reprinted as at 1 July 2010 Land Transfer Regulations 2002 Schedule 2 Form 19 Withdrawal or partial withdrawal of caveat Section 147, Land Transfer Act 1952 Land registration district BARCODE Unique identifier(s) or C/T(s) All/part Area/description of part or stratum Caveat Number Caveator Surname(s) must be underlined.
Withdrawal Delete words in [ ] if caveat to be fully withdrawn.

The Caveator withdraws the above caveat [so far as it affects the above land].

Dated this day of 20 85 Schedule 2 Land Transfer Regulations 2002 Reprinted as at 1 July 2010 Form 19—continued Attestation* Delete inapplicable descriptions in [ ].
Signed in my presence by the [Caveator] [Attorney] [Agent] _________________________________________ Signature of witness Witness to complete in BLOCK letters (unless legibly printed) Witness name Occupation Address Signature(s) [common seal] of [Caveator] [Attorney] [Agent] *If this withdrawal of caveat is executed by the Attorney, or by an Agent of the Caveator, that person must provide evidence that he or she has the written authority of the Caveator to do so unless a registrable instrument purporting to give effect to the estate or interest claimed by the Caveator is lodged immediately following this withdrawal.
86 Reprinted as at 1 July 2010 Land Transfer Regulations 2002 Schedule 2 Form 20 Caveat giving notice of estate or interest under Part 12 of Land Transfer Act 1952 Section 205(1), Land Transfer Act 1952 Land registration district BARCODE Description of land subject to the claim Caveator Surname(s) must be underlined.

Estate or interest claimed and grounds for claim Notice Take notice that the Caveator claims the above estate or interest in the above land on the grounds stated.
Address for service of Caveator Dated this day of 20 87 Schedule 2 Land Transfer Regulations 2002 Reprinted as at 1 July 2010 Form 20—continued Attestation Delete inapplicable descriptions in [ ].
Signed in my presence by the [Caveator] [Attorney] [Agent] _________________________________________ Signature of witness Witness to complete in BLOCK letters (unless legibly printed) Witness name Occupation Address Signature(s) [common seal] of [Caveator] [Attorney] [Agent] 88 Reprinted as at 1 July 2010 Land Transfer Regulations 2002 Schedule 2 Form 21 Caveat forbidding issue of ordinary certificate of title or computer register Section 205(4), Land Transfer Act 1952 Land registration district BARCODE Unique identifier(s) or C/T(s) All/part Area/description of part or stratum Caveator Surname(s) must be underlined.
Estate or interest claimed and grounds for claim Notice Take notice that the Caveator, claiming the above estate or interest, forbids the issue of an ordinary certificate of title or computer register for the above land until this caveat is withdrawn by the Caveator, removed by order of the High Court, or until the same has lapsed under the provisions of sections 145 or 145A of the Land Transfer Act 1952.
Address for service of Caveator Dated this day of 20 89 Schedule 2 Land Transfer Regulations 2002 Reprinted as at 1 July 2010 Form 21—continued Attestation Delete inapplicable descriptions in [ ].
Signed in my presence by the [Caveator] [Attorney] [Agent] _________________________________________ Signature of witness Witness to complete in BLOCK letters (unless legibly printed) Witness name Occupation Address Signature(s) [common seal] of [Caveator] [Attorney] [Agent] 90 Reprinted as at 1 July 2010 Land Transfer Regulations 2002 Schedule 2 Form 22 Application for certificate of title on ground of possession Section 3, Land Transfer Amendment Act 1963 Land registration district BARCODE Unique identifier(s) or C/T(s) All/part Area/description of part or stratum Applicant and full address of applicant for service of notices Surname(s) must be underlined.
Name and full address of registered proprietor State any address, present or past, known to applicant.

Surname(s) must be underlined.

Name and full address of any other person to be served with notice of application Surname(s) must be underlined.

Application Insert *the number of years and **date when possession began.
The Applicant applies to the Registrar for the issue to the Applicant of a Certificate of Title under the Land Transfer Act 1952 for an estate in fee simple in the land, or that part of the land, described above, on the ground that the Applicant has been in continuous possession, within the mean- ing in section 3 of the Land Transfer Amendment Act 1963, of the land, or that part years/from of the land, described above, ** Evidence to support this application is set out below.
to the date of this application.

for a period of * Dated this day of 20 [Solicitor for] the Applicant 91 Schedule 2 Land Transfer Regulations 2002 Reprinted as at 1 July 2010 Form 22—continued Particulars of possession Continue in additional Annexure Sched- ule(s) if required.

1 2 Period of personal possession [here state period and dates].
Periods of prior possession claimed [here state also the identity and, where applicable, the relationship and date of death of the persons through or under whom the applicant claims, and the manner in which possession was acquired by the applicant and by the persons through or under whom the applicant claims].
3 Manner of occupation [here state as fully as is known or can be ascertained the nature of the occupation of all persons concerned, eg, whether it has been continuous or broken, exclusive or divided, undisputed or by whom disputed, etc].

4 Is land fenced?

[here state all information available regarding the fences, eg, age, extent, by whom erected, etc].

5 Have any payments by way of rent or otherwise been made or claimed?
[here give full particulars as to amount, dates of payment, names of payees or claimants, reason for payments, etc].

Evidence to support application Give details of anything supporting claim, eg, documentary evidence, receipts for purchase money, payment of rates and other expenses, evidence of neighbours.

Continue in addi- tional Annexure Schedule(s) if required.
The following evidence supporting the claim accompanies this Application: 1 2 Purposes for which land has been used [here cover the whole period if possible].

Improvements [here state what improvements are on the land and whether they were ef- fected before or since the commencement of the period of adverse possession].
3 Acknowledgement [here state whether or not the applicant or any of the applicant’s pre- decessors in possession or their agents ever acknowledge or acknowledged the title of the registered proprietor of the land and, if so, when and in what form].
4 Disability of registered proprietors (applicable only where period of possession is less than 30 years) [here state any knowledge or evidence available to establish that the regis- tered proprietor of every estate or interest in the land is not suffering under any disability of infancy or unsoundness of mind].

5 Statutory Declarations [attach as Annexure Schedules statutory declaration(s) of per- son(s) of good repute, having long-standing knowledge of the land].
92 Reprinted as at 1 July 2010 Land Transfer Regulations 2002 Schedule 2 Form 22—continued Annexure Schedule 1 Dated Page 3 of pages Application for certificate of title on ground of possession Statutory declaration Insert names and addresses where indicated.

I, of and I, of solemnly and sincerely declare that: 1 2 3 I am/we are the applicant in the above application.

To the best of my/our knowledge and belief, all the statements made in the application are true and complete.
I am/we are not in possession of any information not disclosed in the application, which would be adverse to the Registrar granting it.
AND I/we make this declaration conscientiously believing the same to be true by virtue of the Oaths and Declarations Act 1957 DECLARED at this before me: day of 20 ) ) ) A person authorised to take a statutory declaration under the Oaths and Declarations Act 1957 93 Schedule 2 Land Transfer Regulations 2002 Reprinted as at 1 July 2010 Form 23 Application for correction or change of name Regulation 26, Land Transfer Regulations 2002 Land registration district BARCODE Unique identifier(s) or C/T(s) All/part Area/description of part or stratum Applicant Surname(s) must be underlined.
Estate or interest of Applicant Application Delete words in [ ] as appropriate.

The Applicant applies to the Registrar, on the grounds set out below, to: [correct his or her name in the register].

[enter in the register a memorial of the change of name of the Applicant].

Grounds for application The name has been: Show incorrect name here* and delete words in [ ] as appropriate, and ** state other grounds, if appropriate.
[entered in the Register incorrectly, as * [in the instrument(s) lodged for registration].

** , due to an error] [changed by:] [statutory declaration pursuant to the provisions of the Births, Deaths, Marriages, and Relationships Registration Act 1995].

[deed poll executed before the coming into force of that Act].

[marriage].

[** ] The correct/new name is shown above in the Applicant panel.
94 Reprinted as at 1 July 2010 Land Transfer Regulations 2002 Schedule 2 Form 23—continued Evidence to support application Delete works in [ ] as appropriate.

The following evidence** of the change of name accompanies this application: [certified copy statutory declaration pursuant to the provisions of the Births, Deaths, Marriages, and Relationships Registration Act 1995].

[certified copy deed poll executed before the coming into force of that Act].

[Birth] [Marriage] Certificate.


Dated this day of 20 [Solicitor for] the Applicant **If the circumstances of the error, or the evidence supplied, are not sufficiently clear, the Registrar may require a statutory declaration in order to be satisfied that the name should be corrected or changed.

Schedule 2 form 23: amended, on 24 January 2009, pursuant to section 5(1)(b) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
95 Schedule 2 Land Transfer Regulations 2002 Reprinted as at 1 July 2010 Form 24 Application for change of name (company or incorporated society) Regulation 26, Land Transfer Regulations 2002 Land registration district(s) BARCODE Applicant company or society Former name New name Application The Applicant applies to the Registrar to enter in the registers referred to in the Schedule of estate(s) or interest(s) a memorial of the change of name of the Applicant on the grounds set out below.
Grounds for application Delete words in [ ] as appropriate.

The Applicant has changed its name by resolution under the provisions of the [Companies Act 1993] [Incorporated Societies Act 1908].

Evidence to support application Delete words in [ ] as appropriate.

The statutory declaration in the Annexure Schedule and the certified copy of the certificate of incorporation in the changed name under the provisions of the [Companies Act 1993] [Incorp- orated Societies Act 1908].
Schedule of estate(s) or interest(s) Continue in additional Annexure Schedule if necessary.

Unique identifier(s) or C/T(s) Estate or interest Instrument number (if any) Dated this day of 20 96 [Solicitor] [Authorised Signatory] for the Applicant Reprinted as at 1 July 2010 Land Transfer Regulations 2002 Schedule 2 Form 24—continued Annexure Schedule 1 Change of name (company or incorporated society) Dated Page 2 of 3 pages Statutory declaration Delete words in [ ] as required.
I, * , of solemnly and sincerely declare that: 1 2 3 I am [a director] [an authorised signatory] [the Secretary] of **.

I am authorised to make this declaration, having full knowledge of the matters set out below.

The Applicant is registered under its former name, as set out in the application, as proprietor of the estates and interests specified in the application and of all other estates and interests of which it is the registered proprietor under its former name.
4 On the 20 the Applicant changed its name to**.

5 6 7 The change of name was delivered to and registered with the Registrar of [Companies] [Incorporated Societies] under the provisions of the [Companies Act 1993] [Incorporated Societies Act 1908] and a certified copy of the Certificate of Incorporation evidencing the change of name is attached marked ‘A’.
To the best of my knowledge, information, and belief there is no other person entitled to any estate or interest at law or in equity affecting the estates or interests registered in the Applicant’s former name set out in the application.
I truly believe the Applicant to be entitled to be registered as proprietor in its new name of the estates or interests referred to in the application, of which the Applicant is registered in its former name as proprietor of those estates or interests, and of all other estates and interests of which it is the registered proprietor under its former name.
AND I make this declaration conscientiously believing the same to be true by virtue of the Oaths and Declarations Act 1957 DECLARED at this before me: day of 20 ) ) ) A person authorised to take a statutory declaration under the Oaths and Declarations Act 1957 * ** Insert name, address, and occupation Insert new company/society name 97 Schedule 2 Land Transfer Regulations 2002 Reprinted as at 1 July 2010 Form 25 Annexure Schedule * Dated Page of pages *Insert type of instrument.
Continue in additional Annexure Schedule, if required.

If this Annexure Schedule is used as an expansion of an instrument, all signing parties and either their witnesses or solicitors must sign or initial in this box.
98 Reprinted as at 1 July 2010 Land Transfer Regulations 2002 Schedule 2 Form 26 Attestation Regulation 16(2), Land Transfer Regulations 2002 Signed in my presence by [insert name or description of executing party] Signature of Witness Witness to complete in BLOCK letters [Unless typewritten or legibly stamped] Witness name: Occupation: Address: 99 Schedule 2 Land Transfer Regulations 2002 Reprinted as at 1 July 2010 Form 27 Statutory declaration of person executing Regulation 16(3)(a), Land Transfer Regulations 2002 I [insert full name], of [insert address and occupation] solemnly and sincerely declare that— I executed the [specify type of instrument] instrument dated [insert date] and lodged for registration under number [specify registration number].
The signature (or mark) purporting to be my signature name (or mark) is in my own handwriting.

I am of sound mind, and I did freely and voluntarily sign the instru- ment.

AND I make this declaration conscientiously believing the same to be true by virtue of the Oaths and Declarations Act 1957.
DECLARED at this before me: day of 20 ) ) ) A person authorised to take a statutory declaration under the Oaths and Declarations Act 1957 100 Reprinted as at 1 July 2010 Land Transfer Regulations 2002 Schedule 2 Form 28 Statutory declaration of witness Regulation 16(3)(b), Land Transfer Regulations 2002 I [insert full name], of [insert address and occupation] solemnly and sincerely declare that— I am the witness who attested the signing of the [specify type of in- strument] dated [insert date] and lodged for registration under num- ber [specify registration number].
The name (or mark) purporting to be my name (or mark) as attesting witness is in my own handwriting.

I personally know or have established the identity of [insert name of executing party], the person signing this instrument and whose signature I witnessed.

The name purporting to be the signature of [insert name of executing party] is in his or her own handwriting.

[Insert name of executing party] appeared to be of sound mind and did freely and voluntarily sign the instrument.
AND I make this declaration conscientiously believing the same to be true by virtue of the Oaths and Declarations Act 1957.
DECLARED at this before me: day of 20 ) ) ) A person authorised to take a statutory declaration under the Oaths and Declarations Act 1957 101 Schedule 3 Land Transfer Regulations 2002 Schedule 3 Form of registrable memorandum Section 155A, Land Transfer Act 1952 Reprinted as at 1 July 2010 r 9 Class of instrument in which provisions are intended to be included BARCODE Person executing memorandum The following provisions are intended for inclusion in instruments of the above class: Expand this table to fit the requirements of the memorandum provisions.
Dated this day of 20 Execution Signed by For or on behalf of 102 Reprinted as at 1 July 2010 Land Transfer Regulations 2002 Schedule 4 Schedule 4 Rights and powers implied in easements r 10 1 Interpretation In this schedule, unless the context requires otherwise,— dominant land, in relation to an easement, means the land that takes the benefit of the easement and that is described by reference to the register in a transfer instrument, easement instrument, or deposit document easement facility,— (a) towers, poles, in relation to a right to convey water, means pipes, pumps, pump sheds, storage tanks, water purifying equipment, other equipment suitable for that purpose (whether above or under the ground), and anything in replacement or substitution: in relation to a right to convey electric power or a right to convey telecommunications and computer media, means wires, cables (containing wire or other media conducting materials), transformers, switching gear, other equipment suitable for that pur- pose (whether above or under the ground), and anything in replacement or substitution: in relation to a right of way, means that part of the sur- face of the land described as the stipulated area: in relation to a right to drain water, means pipes, con- duits, open drains, pumps, tanks (with or without head- walls), manholes, valves, surface boxes, other equip- ment suitable for that purpose (whether above or under the ground), and anything in replacement or substitu- tion: in relation to a right to drain sewage, means
 pipes, con- duits, pumps, tanks (with or without headwalls), man- holes, valves, surface boxes, other equipment suitable for that purpose (whether above or under the ground), and anything in replacement or substitution: in relation to a right to convey gas, means pipes, con- duits, valves, other equipment suitable for that purpose (whether above or under the ground), and anything in replacement or substitution (b) (c) (d) (e) (f) 103 Schedule 4 Land Transfer Regulations 2002 Reprinted as at 1 July 2010
 grantee, in relation to an easement,— (a) means— (i) (ii) the registered proprietor of the dominant land; or the person having the benefit of an easement in gross; and (b) includes the agents, employees, contractors, tenants, li- censees, and other invitees of the grantee grantor, in relation to an easement,— (a) means the registered proprietor of the servient land; and includes the agents, employees, contractors, tenants, li- (b) censees, and other invitees of the grantor repair and maintenance, in relation to an easement facility, includes the replacement of the easement facility servient land, in relation to an easement, means— (a) the parcel of land over which an easement is regis- tered and that is described by reference to the register in a transfer instrument, easement instrument, or deposit document: a stipulated course or stipulated area (b) stipulated course or stipulated area, in relation to any of the classes of easements referred to in these regulations, means the course that— (a) is shown on a plan prepared for the purpose of specify- ing the easement; and is referred to in a transfer instrument, easement instru- ment, or deposit document.
(b) Schedule 4 clause 1 repair and maintenance: inserted, on 8 October 2007, by regulation 11(1) of the Land Transfer Amendment Regulations (No 2) 2007 (SR 2007/261).
Classes of easements For the purposes of regulation 10(a), easements are classified by reference to the following rights: a right to convey water: (a) a right to drain water: (b) a right to drain sewage: (c) a right of way: (d) a right to convey electricity: (e) 2 104 Reprinted as at 1 July 2010 Land Transfer Regulations 2002 Schedule 4 (f) (g) a right to convey telecommunications and computer media: a right to convey gas.
Rights and powers implied in easements granting certain rights (2) Right to convey water 3 (1) A right to convey water includes the right for the grantee in common with the grantor and other persons to whom the grantor may grant similar rights to take and convey water in free and unimpeded flow from the source of supply or point of entry through the easement facility and over the servient land to the dominant land.
The right to take and convey water in free and unimpeded flow is limited to the extent required by any period of necessary cleansing, renewal, modification, or repair of the easement fa- cility.

The easement facility referred to in subclause (1) is the ease- ment facility laid or to be laid along the stipulated course or stipulated area, as agreed by the grantor at the time of instal- lation of the facility.
The grantor must not do and must not allow to be done any- thing on the servient land that may cause the purity or flow of water in the water supply system to be diminished or polluted.
(4) (3) Right to drain water 4 (1) A right to drain water includes the right for the grantee in com- mon with the grantor and other persons to whom the grantor may grant similar rights to convey water (whether sourced from rain, springs, soakage, or seepage) in any quantity from the dominant land through the easement facility and over the servient land.

The right to drain water is limited to the extent required by any period of necessary cleansing, renewal, modification, or repair of the easement facility.
The easement facility referred to in subclause (1) is the ease- ment facility laid or to be laid along the stipulated course or (2) (3) 105 Schedule 4 Land Transfer Regulations 2002 Reprinted as at 1 July 2010 stipulated area, as agreed by the grantor at the time of instal- lation of the facility.
(2) Right to drain sewage 5 (1) A right to drain sewage includes the right for the grantee in common with the grantor and other persons to whom the grantor may grant similar rights to drain, discharge, and convey sewage and other waste material and waste fluids through the easement facility and over the servient land.
The right to drain, discharge, and convey sewage and other waste material and waste fluids is limited to the extent required by any period of necessary cleansing, renewal, modification, or repair of the easement facility.

The easement facility referred to in subclause (1) is the ease- ment facility laid or to be laid along the stipulated course or stipulated area, as agreed by the grantor at the time of instal- lation of the facility.
(3) Rights of way 6 (1) A right of way includes the right for the grantee in common with the grantor and other persons to whom the grantor may grant similar rights, at all times, to go over and along the ease- ment facility.

The right to go over and along the easement facility includes the right to go over and along the easement facility with or without any kind of— (a) (b) vehicle, machinery, or implement; or domestic animal or (if the servient land is rural land) farm animal.
(2) (3) A right of way includes— (a) (b) the right to establish a driveway, to repair and maintain an existing driveway, and (if necessary for any of those purposes) to alter the state of the land over which the easement is granted; and the right to have the easement facility kept clear at all times of obstructions (whether caused by parked ve- hicles, deposit of materials, or unreasonable impedi- ment) to the use and enjoyment of the driveway.
106 Reprinted as at 1 July 2010 Land Transfer Regulations 2002 Schedule 4 Right to convey electricity 7 (1) A right to convey electricity includes the right for the grantee in common with the grantor and other persons to whom the grantor may grant similar rights, at all times, to lead and con- vey electricity and electric impulses without interruption or impediment from the point of entry through the easement fa- cility and over the servient land.
The right to convey electricity without interruption or imped- iment is limited to the extent required by any period of neces- sary renewal or repair of the easement facility.

The easement facility referred to in subclause (1) is the ease- ment facility laid or to be laid along the stipulated course or stipulated area, as agreed by the grantor at the time of instal- lation of the facility.
(2) (3) 8 Right to convey telecommunications and computer media (1) A right to convey telecommunications and computer media in- cludes the right for the grantee in common with the grantor and other persons to whom the grantor may grant similar rights, at all times, to lead and convey telecommunications and com- puter media without interruption or impediment from the point of entry through the easement facility and over the servient land.
The right to convey telecommunications and computer media without interruption or impediment is limited to the extent re- quired by any period of necessary renewal or repair of the ease- ment facility.

The easement facility referred to in subclause (1) is the ease- ment facility laid or to be laid along the stipulated course or stipulated area, as agreed by the grantor at the time of instal- lation of the facility.
(2) (3) Right to convey gas 9 (1) A right to convey gas includes the right for the grantee in com- mon with the grantor and other persons to whom the grantor may grant similar rights, at all times, to lead and convey gas without interruption or impediment from the point of entry through the easement facility and over the servient land.
107 Schedule 4 Land Transfer Regulations 2002 Reprinted as at 1 July 2010 (2) (3) The right to lead and convey gas without interruption or im- pediment is limited to the extent required by any period of ne- cessary renewal or repair of the easement facility.

The easement facility referred to in subclause (1) is the ease- ment facility laid or to be laid along the stipulated course or stipulated area, as agreed by the grantor at the time of instal- lation of the facility.
Rights and powers implied in all classes of easements General rights 10 (1) All the easements referred to in this schedule include— (a) (b) the right to use any easement facility already situated on the stipulated area or course for the purpose of the easement granted; and if no suitable easement facility exists, the right to lay, install, and construct an easement facility reasonably required by the grantee (including the right to excavate land for the purpose of that construction).
The grantor must not do and must not allow to be done on the servient land anything that may interfere with or restrict the rights of any other party or interfere with the efficient operation of the easement facility.

The grantee must not do and must not allow to be done on the dominant land or the servient land anything that may interfere with or restrict the rights of any other party or interfere with the efficient operation of the easement facility.
Repair, maintenance, and costs If the grantee (or grantees, if more than 1) has (or have) exclu- sive use of the easement facility, each grantee is responsible for arranging the repair and maintenance of the easement fa- cility, and for the associated costs, so as to keep the facility in good order and to prevent it from becoming a danger or nuis- ance.
If the grantee (or grantees, if more than 1) and the grantor share the use of the easement facility, each of them is responsible equally for the repair and maintenance of the easement facil- (2) (3) 11 (1) (2) 108 Reprinted as at 1 July 2010 Land Transfer Regulations 2002 Schedule 4 (3) (4) (5) ity, and for the associated costs, for the purposes set out in subclause (1).

If the easement is in gross, the grantee bears the cost of all work done outside the servient land.
The parties responsible for maintenance under subclause (1) or subclause (2) or subclause (5) (as the case may be) must meet any associated requirements of the relevant local authority.

The grantor or grantee must promptly carry out at that party’s sole cost any repair and maintenance of the easement facility that is attributable solely to an act or omission by that party.
(6) However, if the repair and maintenance of the easement fa- cility is only partly attributable to an act or omission by the grantor or grantee,— (a) that party must pay the portion of the costs of the repair and maintenance that is attributable to that act or omis- sion; and the balance of those costs is payable in accordance with subclause (2).
(b) (7) 12 (1) The costs of any electric power used for the conveyance of water must be apportioned between users of the water in pro- portion to their usage of the water.

Schedule 4 clause 11(4): amended, on 8 October 2007, by regulation 11(2) of the Land Transfer Amendment Regulations (No 2) 2007 (SR 2007/261).

Schedule 4 clause 11(5): added, on 8 October 2007, by regulation 11(3) of the Land Transfer Amendment Regulations (No 2) 2007 (SR 2007/261).
Schedule 4 clause 11(6): added, on 8 October 2007, by regulation 11(3) of the Land Transfer Amendment Regulations (No 2) 2007 (SR 2007/261).

Schedule 4 clause 11(7): added, on 8 October 2007, by regulation 11(3) of the Land Transfer Amendment Regulations (No 2) 2007 (SR 2007/261).
Rights of entry For the purpose of performing any duty or in the exercise of any rights conferred under these regulations or implied in any easement, the grantee may— (a) enter upon the servient land by a reasonable route and with all necessary tools, vehicles, and equipment; and remain on the servient land for a reasonable time for the sole purpose of completing the necessary work; and (b) 109 Schedule 4 Land Transfer Regulations 2002 Reprinted as at 1 July 2010 (c) leave any vehicles or equipment on the servient land for a reasonable time if work is proceeding.
The grantee must ensure that as little damage or disturbance as possible is caused to the servient land or to the grantor.

The grantee must ensure that all work is performed in a proper and workmanlike manner.

The grantee must ensure that all work is completed promptly.

The grantee must immediately make good any damage done to the servient land by restoring the surface of the land as nearly as possible to its former condition.
The grantee must compensate the grantor for all damages caused by the work to any crop (whether ready for harvest or not) or to any buildings, erections, or fences on the servient land.
Default If the grantor or the grantee does not meet the obligations im- plied or specified in any easement,— (a) the party not in default may serve on the defaulting party written notice requiring the defaulting party to meet a specific obligation and stating that, after the expiration of 7 working days from service of the notice of default, the other party may meet the obligation: if, at the expiry of the 7-working-day period, the party in default has not met the obligation, the other party may— meet the obligation; and (i) (ii) for that purpose, enter the servient land: the party in default is liable to pay the other party the cost of preparing and serving the default notice and the costs incurred in meeting the obligation: the other party may recover from the party in default, as a liquidated debt, any money payable under this clause.
(b) (c) (d) Disputes If a dispute in relation to an easement arises between parties who have a registered interest under the easement,— (a) the party initiating the dispute must provide full written particulars of the dispute to the other party; and (2) (3) (4) (5) (6) 13 14 110 Reprinted as at 1 July 2010 Land Transfer Regulations 2002 Schedule 4 (b) (c) the parties must promptly meet and in good faith try to resolve the dispute using informal dispute resolution techniques, which may include negotiation, mediation, independent expert appraisal, or any other dispute reso- lution technique that may be agreed by the parties; and if the dispute is not resolved within 14 working days of the written particulars being given (or any longer period agreed by the parties),— (i) the dispute must be referred to arbitration in ac- cordance with the Arbitration Act 1996; and the arbitration must be conducted by a single ar- bitrator to be agreed on by the parties or, failing agreement, to be appointed by the President of the New Zealand Law Society (being the New Zealand Law Society that has its headquarters closest to the land).
(ii) Schedule 4 clause 14(c)(ii): amended, on 1 August 2008, pursuant to section 385 of the Lawyers and Conveyancers Act 2006 (2006 No 1).

111 Schedule 5 Land Transfer Regulations 2002 Reprinted as at 1 July 2010 Schedule 5 Fees payable for matters under Land Transfer Act 1952 r 42 Schedule 5: substituted, on 1 July 2010, by regulation 4 of the Land Transfer Amendment Regulations 2010 (SR 2010/111).
In the tables below, n/a means that the electronic or manual process (as the case may be) is not applicable to the relevant item.
Part 1 Search fees Fee if done via approved electronic workspace facility ($) Fee if done manually ($) n/a n/a 4 4 4 4 No fee 9 9 9 9 9 9 9 Service 1 For inspecting in a land registry office— (a) a grant or certificate of title, or a lease or licence granted under the Land Act 1948 (b) any other document 2 For providing, under section 33(3) or (4) of the 2002 Act,— a search copy of— (i) (ii) a grant, certificate of title, or computer register; or a lease or licence regis- tered or entered in the register in accordance with the Land Act 1948 a search copy showing only cur- rent information (other than the relevant plan or diagram) a search copy showing current and historical information (other than the relevant plan or diagram) a search copy under, and for the purposes of, section 172A of the Act a structured text view of an in- strument (other than a detailed structured text view) (a) (b) (c) (d) (e) 112 Reprinted as at 1 July 2010 Land Transfer Regulations 2002 Schedule 5 Part 1—continued Service (f) a copy of any other document 3 For certification as a true copy Fee if done via approved electronic workspace facility ($) 4 n/a Fee if done manually ($) 9 11 Part 2 Registration and other fees Service 1 For presentation and deposit of an instru- ment— (a) (b) on presentation of an electronic instrument from an approved electronic workspace facility on presentation of a paper instru- ment by either of the following means (including presentation of an instrument in place of an in- strument that was found not to be
 in order for registration, and re- turned, under section 43(1)(a) of the Act): (i) under in a secure section by deposit facility 47(1)(b) of the Act; or by post under 47(1)(c) of the Act section (ii) Fee if done via approved electronic workspace facility ($) Fee if done manually ($) 46 n/a n/a 46 113 Schedule 5 Land Transfer Regulations 2002 Reprinted as at 1 July 2010 Part 2—continued Fee if done via approved electronic workspace facility ($) Fee if done manually ($) n/a 66 Service (c) on presentation of a
 paper instru- ment by hand at a public counter under section 47(1)(a) of the Act (including presentation of an in- strument in place of an instru- ment that was found not to be in order for registration, and re- turned, under section 43(1)(a) of the Act) registration (including automatic For registration), deposit, or filing of any instrument, dealing, or document, unless specifically exempted or provided for elsewhere If any instrument or other matter purports to deal with or affect land included in more than 1 computer register, for each computer register other than the first For the creation of a computer register under section 7, 9 (in relation to an inter- est referred to in subsection (1)(a)), 11, or 13 of the 2002 Act For depositing a plan For approving a form For advertising an application or notice required to be advertised 5 59 No fee No fee 80 80 63 46 231 63 46 231 114 Reprinted as at 1 July 2010 Land Transfer Regulations 2002 Schedule 5 Part 2—continued Fee if done via approved electronic workspace facility ($) 4 6 For sending a notice on the application or request of any person, whether re- quired by the Act or another enactment (including for preparing and sending no- tice of the lodging of a caveat under the Act or notice of the lodging of a claim under section 42 of the Property (Rela- tionships) Act 1976) On resubmission of an instrument in place of an instrument that was found not to be in order for registration, and returned or
 retained, under section 43(1) of the Act Part 3 Audit fees Examining evidence produced to the Registrar under section 164C(3)(a) of the Act that meets any requirements under section 164C(1) or (2) of the Act, where no action is taken under section 164B(2) or 164C(3)(b) of the Act Examining evidence produced to the Registrar under section 164C(3)(a) of the Act that does not meet the requirements under section 164C(1) or (2) of the Act, where no action is taken under section 164B(2) or 164C(3)(b) of the Act
 Requiring a statement under section 164C(3)(b) of the Act Any other action relating to the audit of a certi- fication for the purpose of exercising (or decid- ing whether to exercise) the powers under section 164B(2) of the Act Service 8 9 Service 1 2 3 4 Fee if done manually ($) 4 40 Fee ($) No fee 130 per hour plus reasonable disbursements 130 per hour 130 per hour plus reasonable disbursements 115 Schedule 5 Land Transfer Regulations 2002 Reprinted as at 1 July 2010 Marie Shroff, Clerk of the Executive Council.
Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 25 July 2002.

116 Reprinted as at 1 July 2010 Land Transfer Regulations 2002 Notes Contents 1 2 3 4 General Status of reprints How reprints are prepared Changes made under section 17C of the Acts and Regulations Publication Act 1989 List of amendments incorporated in this reprint (most recent first) 5 Notes 1 2 3 General This is a reprint of the Land Transfer Regulations 2002.
The reprint incorporates all the amendments to the regulations as at 1 July 2010, as specified in the list of amendments at the end of these notes.

Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order.

For more information, see http://www.pco.parliament.govt.nz/reprints/.
Status of reprints Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment.

This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.
This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the prin- cipal enactment and its amendments are contained.

How reprints are prepared A number of editorial conventions are followed in the prep- aration of reprints.

For example, the enacting words are not included in Acts, and provisions that are repealed or revoked 117 Notes Land Transfer Regulations 2002 Reprinted as at 1 July 2010 are omitted.
For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.
4 Changes made under section 17C of the Acts and Regulations Publication Act 1989 Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice.

Changes that would alter the effect of the legislation are not permitted.
A new format of legislation was introduced on 1 January 2000.

Changes to legislative drafting style have also been made since 1997, and are ongoing.

To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legisla- tion reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.
In outline, the editorial changes made in reprints under the au- thority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint: • omission of unnecessary referential words (such as “of this section” and “of this Act”) typeface and type size (Times Roman, generally in 11.5 point) layout of provisions, including: • • indentation position of section headings (eg, the number and heading now appear above the section) format of definitions (eg, the defined term now appears in bold type, without quotation marks) format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”) • • • • 118 Reprinted as at 1 July 2010 Land Transfer Regulations 2002 Notes • • • • • • • position of the date of assent (it now appears on the front page of each Act) punctuation (eg, colons are not used after definitions) Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly case and appearance of letters and words, including: • format of headings (eg, headings where each word formerly appeared with an initial cap- ital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter) small capital letters in section and subsection ref- erences are now capital letters • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accord- ingly running heads (the information that appears at the top of each page) format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chrono- logical).
5 List of amendments incorporated in this reprint (most recent first) Land Transfer Amendment Regulations 2010 (SR 2010/111) Land Transfer Amendment Regulations (No 2) 2008 (SR 2008/283) Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48): section 5(1)(b) Land Transfer Amendment Regulations 2008 (SR 2008/15) Land Transfer Amendment Regulations (No 2) 2007 (SR 2007/261) Land Transfer Amendment Regulations 2007 (SR 2007/216) Lawyers and Conveyancers Act 2006 (2006 No 1): section 385 Holidays Act 2003 (2003 No 129): section 91(2) Land Transfer Amendment Regulations (No 2) 2003 (SR 2003/274) 119 Land Transfer Regulations 2002 Reprinted as at 1 July 2010 Notes 12 Wellington, New Zealand: Published under the authority of the New Zealand Government—2010 120