Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698841491416.pdf (New Zealand)
2007/261 Land Transfer Amendment Regulations (No 2) 2007 Preamble At Wellington this 27th day of August Pursuant to section 236 of the Land Transfer Act 1952, His Excel­ lency the Governor­General, acting on the advice and with the con­ sent of the Executive Council, makes the following regulations.
Contents Title Commencement Principal regulations amended Interpretation New regulation 6 substituted 6 New regulation 11 substituted 11 Who must sign paper instruments Parties in respect of whom certiﬁcation under section 164A of Act is required Legal effect of certiﬁcations Revocations Registration as to part of land affected Schedule 1 amended Schedule 4 amended Schedule New Parts 1 and 2 of Schedule 1 substituted Page 2 2 2 2 2 2 7 7 8 8 8 9 9 10 1 r 1 1 2 3 4 Land Transfer Amendment Regulations (No 2) 2007 2007/261 Title These regulations are the Land Transfer Amendment Regula­ tions (No 2) 2007.
Commencement These regulations come into force on 8 October 2007.

Principal regulations amended These regulations amend the Land Transfer Regulations 2002.
Interpretation Regulation 3 is amended by inserting the following deﬁnitions in their appropriate alphabetical order: “charge, in relation to a discharge instrument, means the charge, no­ tation, or other thing to which the instrument relates “chargeholder, in relation to a discharge instrument, means the per­ son who is authorised by an enactment or rule of law to require the Registrar to give effect to the instrument “discharge instrument means an instrument of any of the kinds listed under the item ‘discharge instrument’ in Part 2 of Schedule 1.” 5 New regulation 6 substituted Regulation 6 is revoked and the following regulation substi­ tuted: “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 Transfer instrument (section 90 of Act) Any land or estate or interest in land is transferred Parties who must sign The transferor 2 2007/261 Land Transfer Amendment Regulations (No 2) 2007 r 5 An easement is reserved The transferor and the transferee An easement or proﬁt à prendre is created or surrendered, or 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 transferor and the person who is to take the interest The registered proprietors of the dominant and servient tenements The easement to be created or surrendered is in gross The registered proprietor of the servient tenement and the grantee Easement instrument (sections 90A and 90F of Act) A land covenant is created or surrendered Easement variation instrument (sections 90C and 90F of Act) The easement to be varied is not in gross The registered proprietors of the dominant and servient tenements The registered proprietors of the dominant and servient tenements 3 r 5 Land Transfer Amendment Regulations (No 2) 2007
 2007/261 The easement to be varied is in gross A land covenant is varied All cases All cases Mortgage instrument (section 101 of Act) Encumbrance instrument (section 101 of Act) Mortgage variation instrument (section 102 of Act) The variation only operates to reduce the amount secured or the rate of interest The registered proprietor of the servient tenement and the grantee The registered proprietors of the dominant and servient tenements The registered proprietor of the land, estate, or interest affected by the mortgage The registered proprietor of the land, estate, or interest affected by the encumbrance The mortgagee The variation only operates to increase the amount secured or the rate of interest The registered proprietor of the land, estate, or interest affected by the mortgage 4 2007/261 Land Transfer Amendment Regulations (No 2) 2007 r 5 All other cases All cases Mortgage priority instrument (section 103 of Act) The registered proprietor of the land, estate, or interest affected by the mortgage, and the mortgagee The registered proprietor of the land, estate, or interest affected by the mortgage, 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) Lease instrument (section 115 of Act) Lease variation instrument (section 116 of Act) All cases The mortgagee All cases All cases The lessee and
 the lessor The lessee and the lessor 5 r 5 Land Transfer Amendment Regulations (No 2) 2007 2007/261 Lease surrender instrument (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 (section 122 of Act) Caveat against bringing land under Act (section 136 of Act) Caveat against dealings with land under Act (section 137 of Act) Withdrawal of caveat (section 147 of Act) 6 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 share­holder 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 registered The caveator or the caveator’s attorney or agent The caveator or the caveator’s attorney or agent The caveator or the caveator’s attorney or agent under a written authority (or without written authority if the 2007/261 Land Transfer Amendment Regulations (No 2) 2007 r 6 proviso to section 147 of the Act applies) 6 New regulation 11 substituted Regulation 11 is revoked and the following regulation substi­ tuted: “11 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 Transfer instrument (section 90 of Act) Mortgage instrument (section 101 of Act) Case Speciﬁed party A conveyancer acting for the transferor A conveyancer acting for the transferee A conveyancer acting for the mortgagor The registered proprietor The transferee The mortgagor 7 r 7 Land Transfer Amendment Regulations (No 2) 2007 2007/261 A conveyancer acting for the mortgagee A conveyancer acting for the
 chargeholder The mortgagee The chargeholder Discharge instrument (section 111 of Act and various other enactments) 7 Legal effect of certiﬁcations Regulation 13 is amended by revoking subclause (2) and sub­ stituting the following subclause: “(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, the instrument has effect as an instru­ ment made in writing and duly executed by the party or parties speciﬁed
 (opposite that description) in the second column:” Instrument Parties deemed to have executed Transfer instrument (section 90 of Act) The transferor Mortgage instrument (section 101 of Act) Discharge instrument (section 111 of Act and various other enactments) The registered proprietor of the land or estate or interest affected by the mortgage The chargeholder Revocations Regulations 17, 18, 35, 36, and 37 are revoked.
Registration as to part of land affected Regulation 24 is amended by adding the following subclause: 8 9 8 2007/261 Land Transfer Amendment Regulations (No 2) 2007 r 11 “(3) However, this regulation does not apply to electronic instru­ ments.” 10 (1) (2) Schedule 1 amended Schedule 1 is amended by revoking Parts 1 and 2 and substi­ tuting the Parts 1 and 2 set out in the Schedule of these regu­ lations.
Part 3 of Schedule 1 is amended by revoking the item relating to a discharge of mortgage and substituting the following item: Discharge instrument (a) discharges, releases, withdraws, or otherwise cancels a charge from all the land in 1or more computer registers; and (3) 11 (1) (b) affects only 1 charge Part 3 of Schedule 1 is amended by revoking the item relating to a withdrawal instrument.
Schedule 4 amended Clause 1 of Schedule 4 is amended by inserting the following deﬁnition in its appropriate alphabetical order: “repair and maintenance, in relation to an easement facility, in­ cludes the replacement of the easement facility.” (2) Clause 11(4) of Schedule 4 is amended by inserting “or sub­ clause (5)” after “subclause (2)”.
Clause 11 of Schedule 4 is amended by adding the following subclauses: (3) “(5) 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 9 Schedule Land Transfer Amendment Regulations (No 2) 2007 2007/261 “(b) the balance of those costs is payable in accordance with subclause (2).
“(7) 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 New Parts 1 and 2 of Schedule 1 substituted r 10 “1 “Permissible transactions The following table sets out, for the purposes of regulation 4(2)(a), the number of instruments that may be included in a permissible transaction: Class of permissible instrument Number of instruments Discharge instrument No limit Transfer instrument Mortgage instrument 1 1 “2 “Permissible instruments The following table describes, for the purposes of regulation 4(2)(b), the classes of permissible instrument:” Class of permissible instrument Mortgage instrument Description Made under section 101(1) of Act 10 2007/261 Land Transfer Amendment Regulations (No 2) 2007 Schedule 2—continued Transfer instrument Discharge instrument— discharge of mortgage (includes discharge of encumbrance) discharge of family beneﬁt charge (a) (b) (c) Made for the purpose of registering a transfer of land under section 90(1) of Act Section 111 of Act Section 14(3) or (4), Family Beneﬁts (Home Ownership) Act 1964 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 Section 66 or 101, Local Government (Rating) Act 2002 Section 55, Maori Affairs Restructuring Act 1989 Section 80 or 153, Rating Act 1967 Section 143 or 186, Rating Powers
 Act 1988 11 Schedule Land Transfer Amendment Regulations (No 2) 2007 2007/261 2—continued Section 82 or 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 Registration 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 Section 326(10), 331(1), 335(7), 355(5), 465, 468(5), 511(6), 626(1), 650(5), 674(7), or 692ZK(3), Local Government Act 1974, Section 372, Municipal Corporations Act 1954 Section 73(5), 74(5), or 107(6), Public Works Act 1981 12 2007/261 Land Transfer Amendment Regulations (No 2) 2007 Schedule 2—continued Section 162(5), Rating Powers Act 1988 Section 109(5) or 315(3), Resource Management Act 1991 Section 5A, Rural Housing Act 1939 Section 125, Social Security Act 1964 Section 25, Soil Conservation and River Control Act 1941 Any other provision of an enactment that authorises the discharge of a statutory land charge against land noted on the register (e) (f) (g) withdrawal of caveat Section 147 of Act withdrawal of notice of claim Section 42(3), Property (Relationships) Act 1976 cancellation or expiration of consent notice Section 221(5), Resource Management Act 1991 (h) cancellation of bond (i) discharge of lien Section 348, Local Government Act 1974 Section 42, Wages Protection and Contractors’ Liens Act 1939 (j) cancellation of building­line restriction Section 327A, Local Government Act 1974 13 Explanatory note Land Transfer Amendment Regulations (No 2) 2007 2007/261 2—continued (k) (l) (m) (n) (o) (p) (q) (r) withdrawal of notice of desire to acquire land Section 18, Public Works Act 1981 discharge of compensation certiﬁcate Section 19(7), Public Works Act 1981 discharge of certiﬁcate of
 consent 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 of Earthquake Commission notice Regulation 5A(6), Earthquake and War Damage Regulations 1984 discharge of Earthquake Commission notice Section 28, Earthquake Commission Act 1993 removal of notiﬁcation of building consent Section 74, Building Act 2004 (s) discharge of tax charge Section 367, Income Tax Act 1976 Martin Bell, for
 Clerk of the Executive Council.
Explanatory note This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 8 October 2007, amend the Land Transfer Regulations 2002 to support the expansion of elec­ tronic lodgement.

This is to be done progressively with the ultimate aim of applying electronic lodgement to all instruments that may be lodged by conveyancers.
14 2007/261 Land Transfer Amendment Regulations (No 2) 2007 The regulations replace the table in regulation 6 of the principal regu­ lations by completing the list of parties who must sign paper instru­ ments.

This is to better match signing provisions in the Land Transfer Act 1952 and to make the table more comprehensive.

The regulations add repair and maintenance to the deﬁnition of ease­ ment facility in Schedule 4 of the principal regulations.
The regulations also revoke the following provisions of the principal regulations, which are no longer required: •• regulation 17 (when duplicate certiﬁcate or other instrument of title must be produced): regulation 18 (when particulars of other instruments must be supplied): regulation 35 (delivery of new certiﬁcate of title issued on re­ quest): regulation 36 (delivery of new certiﬁcate of title issued on registration of instrument): regulation 37 (general powers of Registrar as to delivery of documents).
•• •• •• •• Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notiﬁcation in Gazette: 30 August 2007.

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