Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698841132631.pdf (New Zealand)
Land Transfer Amendment Act 1963 Public Act Date of assent 1963 No 61 23 October 1963 Contents Title Short Title Part 1 Prescriptive title to land Interpretation Application for certiﬁcate of title based on possession Person with registered interest under disability Examination of application by Registrar and Examiner of Titles Registrar to refuse application if evidence insufﬁcient Notice of application Person claiming interest in land may lodge caveat Caveat by registered proprietor of fee simple or estate for life, etc Caveat by person claiming as beneﬁcial or equitable owner of fee simple or estate for life, etc Caveat by person entitled to other estate or interest Caveat by person claiming beneﬁcial or equitable estate less than fee simple Notice of refusal of application to be given to applicant Deﬁnition of land for which certiﬁcate of title may be issued Page 2 2 2 3 4 4 5 Land Transfer Amendment Act 1963 1963 No 61 Issue of certiﬁcate of title to applicant Title to intervening land where fence, etc, not on boundary Application in respect of land of dissolved company or other corporate body Cancellation of certiﬁcate of title No action against the Crown or Registrar­General of Land except in certain cases Notices This Part not to apply in certain cases Part 2 Miscellaneous amendments of principal Act Contents of memorial Bringing down encumbrances on registration of new lease Schedule 14 14 16 17 17 18 18 19 19 19 An Act to
 amend the Land Transfer Act 1952 BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows: Short Title This Act may be cited as the Land Transfer Amendment Act 1963, and shall be read together with and deemed part of the Land Transfer Act 1952 (hereinafter referred to as the principal Act).
Part 1 Prescriptive title to land Interpretation In this Part of this Act, unless the context otherwise requires,— Application means an application for a certiﬁcate of title made under section 3 of this Act; and applicant has a corresponding meaning 1 2 2 1963 No 61 Land Transfer Amendment Act 1963 Part 1 s 3 local authority means a local authority within the meaning of the Local Government Act 2002 Local authority: this deﬁnition was substituted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84).
See sections 273 to 314 of that Act as to the savings and transitional provisions.
Application for certiﬁcate of title based on possession 3 (1) Where— (a) Any person has been in possession of any land which is subject to the principal Act, being land for which a certiﬁcate of title has been issued or a Crown grant has been registered under that Act, for a continuous period of not less than 20 years, and continues in possession of the land; and That possession was such that he would have been en­ titled to apply for a title to the land on the ground of possession if the land had not been subject to the prin­ cipal Act,— (b) (2) (3) he may, in accordance with the provisions of this Part of this Act, apply to the Registrar in the prescribed form for the issue to him of a certiﬁcate of title for an estate in fee simple in the land.
For the purposes of this Part of this Act, possession of any land by any person through or under whom the applicant claims shall be deemed to be possession by the applicant.
For the purposes of this Part of this Act, possession of any land by 1 or more joint tenants or tenants in common at any time (whether after or before the commencement of the Land Transfer Amendment Act 1995)— (a) Shall not of itself be (or be deemed to have been) pos­ session of the land by the other tenant or tenants; and Shall be (or be deemed to have been) capable of being adverse possession as against the other tenant or tenants.
Subsection (1) was amended, as from 17 May 2005, by section 18 Land Transfer Amendment Act 2005 (2005 No 58) by substituting the words “the prescribed form” for the words “Form U in the Second Schedule to the principal Act”.

Subsection (3) was inserted, as from 30 March 1995, by section 2(1) Land Transfer Amendment Act 1995 (1995 No 11).
(b) 3 Part 1 s 4 Land Transfer Amendment Act 1963 1963 No 61 Person with registered interest under disability 4 (1) Where the registered proprietor of, or any person shown by the register to be entitled to the beneﬁt of, any estate or interest in any land is under any disability at the expiration of the period of 20 years after the date on which the possession of the land by any other person commenced, the last­mentioned person, or any person claiming through or under him, shall not be en­ titled to make an application in respect of that land or any part thereof until that registered proprietor or person shown by the register to be entitled as aforesaid has ceased to be under a dis­ ability or has died, whichever event ﬁrst occurs: Provided that nothing in this subsection shall apply in any case where at the date of any application under this Part of this Act the applicant has been in possession of the land for a period of not less than 30 years.
For the purposes of this section, a person shall be deemed to be under a disability while he is an infant or of unsound mind.

For the purposes of subsection (2) of this section, but without prejudice to the generality thereof, a person shall be conclu­ sively presumed to be of unsound mind while he is an inmate (otherwise than as a voluntary inpatient) in a hospital within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992.
In subsection (3) the words “a hospital within the meaning of the Mental Health Act 1969” were substituted, as from 1 April 1970, for the words “an institution within the meaning of the Mental Health Act 1911” pursuant to section 129(5) Mental Health Act 1969 (1969 No 16).
(2) (3) The reference to the Mental Health (Compulsory Assessment and Treatment) Act 1992 in subsection (3) was substituted, as from 1 November 1992, for a ref­ erence to the Mental Health Act 1969 pursuant to section 137(1) Mental Health (Compulsory Assessment and Treatment) Act 1992 (1992 No 46).
Examination of application by Registrar and Examiner of Titles The Registrar may, if the Registrar thinks ﬁt, dispense with any of the information required to be supplied in the prescribed form of application, if the Registrar is satisﬁed that that infor­ mation cannot reasonably be ascertained and supplied by the applicant.
5 (1) (2) 4 1963 No 61 Land Transfer Amendment Act 1963 Part 1 s 7 (3) 6 The Registrar may by notice to the applicant require the appli­ cant to furnish him with any additional information or docu­ ments relating to his application within a reasonable time spe­ ciﬁed in the notice.

Subsection (1) was repealed, and subsection (2) was substituted, as from 1 February 1999, by section 43(2) Land Transfer (Automation) Amendment Act 1998 (1998 No 123).
Registrar to refuse application if evidence insufﬁcient Where— (a) The Registrar is not satisﬁed on the evidence produced with any application or supplied pursuant to a requisi­ tion under subsection (3) of section 5 of this Act that the applicant has been in possession of the land in the manner and for the period speciﬁed in section 3 of this Act or where the Registrar is satisﬁed on that evidence that the applicant has been in possession of only part of the land; or The applicant fails to comply with any requisition of the Registrar under subsection (3) of section 5 of this Act within the time speciﬁed in the notice given to the applicant under that subsection, or within such extended time as the Registrar, in his discretion, may allow,— (b) the Registrar shall refuse the application, either wholly or, as the case may be, as to the part thereof in respect of which he and the Examiner are not satisﬁed as aforesaid.
Paragraph (a) was amended, as from 1 February 1999, by section 43(2) Land Transfer (Automation) Amendment Act 1998 (1998 No 123) by substituting the word “is” and the words “the Registrar is” for the words “and the Examiner are” and the words “they are” respectively.
Notice of application 7 (1) Where the Registrar is satisﬁed that the applicant has been in possession of the land or of any part thereof in the manner and for the period prescribed in section 3 of this Act, the Registrar shall cause notice of the application in such form as he thinks ﬁt— (a) To be published at least twice on dates speciﬁed or ap­ proved by the Registrar in such one or more newspapers 5 Part 1 s 8 Land Transfer Amendment Act 1963 1963 No 61 (b) (c) as he thinks ﬁt, including at least one newspaper circu­ lating in the locality in which the land is situated; and To be given to any person who is shown by the regis­ ter to have or who in the Registrar’s opinion has or may have any estate or interest or any claim to any estate or interest in the land or any part thereof, and the notice shall advise that person that any such estate or interest will lapse in respect of any land in the application for which a certiﬁcate of title may be issued under this Part of this Act unless a caveat is lodged as hereinafter pro­ vided; and To be published in such other way (if any) or to be given to such other person (if any) as he thinks expedient in the circumstances.
(3) (4) (2) Where an application has been refused as to part of the land to which it relates, the notice required by this section shall be given only in respect of the remaining part of the land.

The notice shall ﬁx a date, within the limits prescribed, after which the Registrar may, unless on or before that date a caveat has been lodged as hereinafter provided against the land con­ cerned, proceed with the application.
The Registrar may, at any time before the granting of the ap­ plication, extend for such period as he thinks ﬁt the time ﬁxed by any notice given pursuant to this section.

For every notice given to any person pursuant to this section the Registrar may charge the same fee as is prescribed for a notice relating to any caveat.
Subsection (1) was amended, as from 1 February 1999, by section 43(2) Land Transfer (Automation) Amendment Act 1998 (1998 No 123) by substituting the word “is” for the words “and the Examiner are”.
Subsection (3) was amended, as from 1 June 2002, by section 65(4) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11), by substituting the words “within the limits prescribed” for the words “being not less than one month nor more than 12 months from the date of the ﬁrst publication of the notice under paragraph (a) of subsection (1) of this section”.
(5) 8 Person claiming interest in land may lodge caveat (1) Any person claiming any estate or interest, whether legal or equitable or beneﬁcial, in the land or any part of the land to 6 1963 No 61 Land Transfer Amendment Act 1963 Part 1 s 9 which any application relates may, before the expiration of the time ﬁxed or extended pursuant to section 7 of this Act, lodge a caveat in the prescribed form suitably altered to refer to and forbid the granting of the application in respect of that land or part thereof, as the case may be.
(2) Nothing in section 143 or section 144 of the principal Act shall apply to any caveat lodged pursuant to subsection (1) of this section, but, except to the extent that they are inconsist­ ent with the provisions of sections 9 to 12 of this Act, sections 136(2) and (3), 137(4), 142, 146, and 148 of the principal Act shall, with any necessary modiﬁcations, apply to such a caveat.
(3) Any caveat under this section may be withdrawn by the caveator or by his attorney or agent under a written authority, and either as to the whole or any part of the land to which it relates.

Subsection (1) was amended, as from 17 May 2005, by section 18 Land Transfer Amendment Act 2005 (2005 No 58) by substituting the words “the prescribed form” for the words “Form M in the Second Schedule to the principal Act”.
Subsection (2) was amended, as from 17 May 2005, by section 18 Land Transfer Amendment Act 2005 (2005 No 58) by substituting the expression “136(2) and (3), 137(4)” for the expression “138, 139”.
9 Caveat by registered proprietor of fee simple or estate for life, etc (1) Where the Registrar is satisﬁed that the person executing a caveat lodged pursuant to section 8 of this Act is the registered proprietor of an estate in fee simple or an estate for life or in remainder, contingent or otherwise, or an estate by way of executory limitation that has not lapsed in the land to which the application relates or in any part of that land, the Registrar shall refuse the application in respect of the land to which the caveat relates.
(2) Where a caveat lodged pursuant to section 8 of this Act is exe­ cuted by any person purporting to be the agent of the caveator thereunder, and the caveator is the registered proprietor of any of the estates referred to in subsection (1) of this section, then, unless the Registrar is satisﬁed by evidence produced to him at the time of the lodging of the caveat that the person executing it has been duly authorised to do so, the Registrar shall give no­ tice to him requiring him to satisfy the Registrar, before a date 7 Part 1 s 10 Land Transfer Amendment Act 1963 1963 No 61 (3) ﬁxed in the notice, by conﬁrmation of the registered proprietor or otherwise, that he has been duly authorised as aforesaid.
If the Registrar is not so satisﬁed within the time ﬁxed in the notice given under subsection (2) of this section, or within such extended time as the Registrar, in his discretion, may allow, the caveat shall be deemed to have lapsed at the expiration of that time or extended time, and the Registrar shall mark it as having lapsed under this subsection.
(4) Where the Registrar is satisﬁed that the person executing any caveat to which subsection (2) of this section applies has been duly authorised to do so, he shall refuse the application in re­ spect of the land to which the caveat relates.
10 Caveat by person claiming as beneﬁcial or equitable owner of fee simple or estate for life, etc (1) Where— (a) The caveator under a caveat lodged pursuant to section 8 of this Act claims to be the beneﬁcial or equitable owner of an estate in fee simple or an estate for life or in remainder, contingent or otherwise, or an estate by way of executory limitation that has not lapsed in the land to which the application relates or in any part of that land; and The application has not been refused as to the whole of the land or as to that part pursuant to any other provision of this Part of this Act,— (b) the Registrar shall, unless he is of the opinion that the estate or interest claimed is sufﬁciently evidenced by the register, give notice to the caveator requiring him, within a time ﬁxed in the notice, being not less than the prescribed period, to either— (c) Establish that claim in law and cause himself to be reg­ istered as the proprietor of the estate or interest claimed; or Satisfy the Registrar that the claim to that estate or in­ terest is valid but is of such a nature that it is not capable of being converted into a registered estate or interest.
(d) If, within the time ﬁxed by any notice given under subsection (1) of this section, or within such extended time as the Regis­ trar, in his discretion, may allow, the caveator neither causes (2) 8 1963 No 61 Land Transfer Amendment Act 1963 Part 1 s 11 (3) himself to be registered as the proprietor of the estate or inter­ est claimed nor satisﬁes the Registrar as aforesaid, the caveat shall be deemed to have lapsed, and the Registrar shall mark it as having lapsed under this subsection.
If— (a) The Registrar is of the opinion that the estate or interest claimed is sufﬁciently evidenced by the register; or (b) Within the time ﬁxed or extended as aforesaid, the caveator causes himself to be registered as the propri­ etor of the estate or interest claimed in the land or in part thereof, or satisﬁes the Registrar as aforesaid,— the Registrar shall refuse the application in respect of the land or of that part, as the case may be.
Subsection (1) was amended, as from 1 June 2002, by section 65(4) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11), by substituting the words “the prescribed period” for the words “3 months after the giving of the notice”.
11 Caveat by person entitled to other estate or interest (1) Where the Registrar is satisﬁed that the caveator under a caveat lodged pursuant to section 8 of this Act is the registered pro­ prietor of, or a person shown by the register to be entitled to the beneﬁt of, any estate or interest in the land to which the ap­ plication relates or in any part thereof (not being an estate in fee simple nor an estate for life or in remainder, contingent or otherwise, nor an estate by way of executory limitation), and the application has not been refused as to the whole of the land or as to that part pursuant to any other provision of this Part of this Act— (a) The Registrar shall notify the applicant that he will pro­ ceed with the application if the applicant agrees in writ­ ing to accept a certiﬁcate of title subject, to the same extent as the existing title, to that estate or interest and to every estate or interest (not being any estate in fee simple or other estate excepted as aforesaid) through or under which the caveator derives his title; and The Registrar shall take no further action in respect of the application until the applicant so agrees or until the estate or interest of the caveator is discharged, surren­ dered, or otherwise extinguished; and (b) 9 Part 1 s 12 Land Transfer Amendment Act 1963 1963 No 61 (c) If the applicant so agrees, the caveat shall be deemed to have lapsed and the Registrar shall mark it as having lapsed under this subsection; and any certiﬁcate of title issued to the applicant shall be made subject to every such estate or interest as aforesaid.
(2) Where any land in respect of which an application has been lodged is subject to a registered mortgage, the applicant shall be deemed to be the registered proprietor of the land for the purposes of section 112 of the principal Act and to be the owner of the land and the mortgagor for the purposes of sec­ tion 92 of the Property Law Act 1952.
(3) Where under this section the applicant agrees to take title sub­ ject to any mortgage and a certiﬁcate of title is issued to him under section 15 of this Act subject to that mortgage, the pro­ visions of section 96 of the principal Act and of section 104 of the Property Law Act 1952 shall not, in relation to that mort­ gage, apply with respect to any transfer of the land, whether by the applicant or by any person deriving title through or under him.
12 Caveat by person claiming beneﬁcial or equitable estate less than fee simple (1) Where— (a) The caveator under a caveat lodged pursuant to section 8 of this Act claims to be the beneﬁcial or equitable owner of any estate or interest in the land to which the application relates or in any part of that land, not being an estate in fee simple nor an estate for life or in re­ mainder, contingent or otherwise, nor an estate by way of executory limitation; and The application has not been refused as to the whole of the land or as to that part pursuant to any other provision of this Part of this Act,— (b) the Registrar shall, unless he is of the opinion that the estate or interest claimed is sufﬁciently evidenced by the register, give notice to the caveator requiring him, within a time ﬁxed in the notice, being not less than the prescribed period, to either— 10 1963 No 61 Land Transfer Amendment Act 1963 Part 1 s 13 (2) (3) (4) (c) (d) Establish that claim in law and cause himself to be reg­ istered as the proprietor of the estate or interest claimed; or Satisfy the Registrar that the claim to that estate or in­ terest is valid but is of such a nature that it is not capable of being converted into a registered estate or interest.
If, within the time ﬁxed by any notice given under subsection (1) of this section, or within such extended time as the Regis­ trar, in his discretion, may allow, the caveator neither causes himself to be registered as the proprietor of the estate or inter­ est claimed nor satisﬁes the Registrar as aforesaid, the caveat shall be deemed to have lapsed, and the Registrar shall mark it as having lapsed under this subsection.
If, within the time ﬁxed or extended as aforesaid, the caveator causes himself to be registered as the proprietor of the estate or interest claimed, the provisions of section 11 of this Act, as far as they are applicable and with any necessary modiﬁcations, shall apply as if the caveator had been the registered proprietor of that estate or interest at the date of the lodging of the caveat.
If— (a) The Registrar is of the opinion that the estate or interest claimed is sufﬁciently evidenced by the register; or (b) Within the time ﬁxed by any notice given under subsec­ tion (1) of this section, or within such extended time as the Registrar, in his discretion, may allow, the caveator satisﬁes the Registrar as aforesaid,— the provisions of section 11 of this Act, as far as they are ap­ plicable and with any necessary modiﬁcations, shall apply as if the registered proprietor of, or, as the case may be, the per­ son shown by the register to be entitled to the beneﬁt of, the estate or interest claimed were the caveator.
Subsection (1) was amended, as from 1 June 2002, by section 65(4) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11), by substituting the words “the prescribed period” for the words “3 months after the giving of the notice”.
13 Notice of refusal of application to be given to applicant Where pursuant to any provision of this Part of this Act the Registrar refuses any application as to the whole or any part 11 Part 1 s 14 Land Transfer Amendment Act 1963 1963 No 61 of the land to which it relates, the Registrar shall give notice of the refusal to the applicant, unless notice has previously been given to the applicant of the refusal of the application as to the land or as to that part, as the case may be, under any other provision of this Part of this Act.
14 (1) Deﬁnition of land for which certiﬁcate of title may be issued In this section— Title boundary, in relation to any land, means the boundaries of the land as shown on the certiﬁcate of title or Crown grant relative to that land, or on the latest plan of survey approved by the Chief Surveyor of the land district in which the land is situated and held in his ofﬁce or in the ofﬁce of the Registrar, as the case may be Occupation boundary, in relation to any land, means any fence, wall, hedge, building, ditch or other artiﬁcial means, or any natural feature of the land, by which the land actually occupied by the applicant is limited or deﬁned.
(2) Where the Registrar is satisﬁed that all notices required by this Part of this Act to be advertised or given have been advertised or given and that all times required by this Part of this Act to expire have expired, and that— (a) (b) (c) No caveat has been lodged pursuant to section 8 of this Act against the granting of the application; or Every caveat so lodged has lapsed or been withdrawn as to all the land to which the application relates or as to any part of that land; or All caveats so lodged that have neither lapsed nor been withdrawn as aforesaid affect part only of the land to which the application relates,— the Registrar shall give notice to the applicant requiring him to either— (d) Supply a certiﬁcate by a licensed cadastral surveyor that the occupation boundaries, or such of the occupation boundaries as exist, of the land remaining subject to the application, or, as the case may be, of such part of that land as is not affected by or has ceased to be affected by any caveat lodged as aforesaid, coincide with the title 12 1963 No 61 Land Transfer Amendment Act 1963 Part 1 s 14 (3) (e) boundaries of the land or of that part, as the case may be; or Deposit under subsections (1) and (5) of section 167 of the principal Act a plan of survey of so much of that land or of the part thereof as aforesaid as is contained within the boundaries speciﬁed in subsection (3) of this section.
The boundaries on any such plan of survey shall be drawn as follows: (a) Where the title boundary of the land or any part of that title boundary is the common boundary between that land or any part thereof and land owned by the Crown or by any local authority or held for any public purpose, the plan shall to that extent be drawn in terms of that title boundary or of that part thereof: (b) Where the occupation boundary of the land or any part of that occupation boundary is outside the title boundary of that land or any part thereof, the plan shall to that extent be drawn in terms of the title boundary or of that part thereof: (c) Where the occupation boundary of the land or any part of that occupation boundary, while purporting to be on the title boundary of the land, is on the inside of that title boundary or the corresponding part thereof, and the land adjoining that title boundary or part thereof on the other side is not owned by the Crown or a local authority and is not held for a public purpose, the plan shall to that extent be drawn in terms of the occupation boundary: (d) Where the occupation boundary of the land or any part of that occupation boundary does not purport to be on any title boundary of the land or any part thereof, the plan shall to that extent be drawn in terms of the occu­ pation boundary: In any case to which the foregoing provisions of this subsection do not apply, and to the extent to which they do not apply, the plan shall be drawn in terms of the title boundaries of the land or in terms of any new survey boundaries necessary for the deﬁnition of the land or to complete that deﬁnition, as the case may require.
(e) 13 Part 1 s 15 Land Transfer Amendment Act 1963 1963 No 61 (4) For the purpose of approving any plan required to be deposited pursuant to this section, the applicant shall be deemed to be the owner of the land.

Subsection (2)(d) was amended, as from 1 June 2002, by section 68(1) Cadastral Survey Act 2002 (2002 No 12), by substituting the words “licensed cadastral surveyor” for the words “registered surveyor”.
Issue of certiﬁcate of title to applicant 15 (1) Where— (a) The applicant has supplied the Registrar with the cer­ tiﬁcate or deposited the plan required by section 14 of this Act; and The Registrar is satisﬁed that the applicant would, if the land had not been subject to the principal Act, have been entitled on the grounds of possession to the issue to him of a certiﬁcate of title under that Act on application made under section 19 thereof; and If no sufﬁcient reason to the contrary otherwise ap­ pears;— (b) (c) then, notwithstanding anything in any other Act, the Registrar shall issue to the applicant a certiﬁcate of title in Form 2 in Schedule 1 to the principal Act for an estate in fee simple in the land remaining subject to the application or, as the case may be, the land in the plan, freed of all registered encumbrances, liens, and interests previously affecting the land, except those to which the title is to be subject pursuant to an agreement by the applicant under subsection (1) of section 11 of this Act.
(2) Where any land in respect of which the application was lodged is comprised in a certiﬁcate of title that is limited as to parcels, any certiﬁcate of title issued under this section may, if the Registrar thinks ﬁt, be similarly limited as to parcels.

Subsection (1)(b) was amended, as from 1 February 1999, by section 43(2) Land Transfer (Automation) Amendment Act 1998 (1998 No 123) by substituting the word “is” for the words “and the Examiner are”.
16 (1) Title to intervening land where fence, etc, not on boundary In this section the terms title boundary and occupation boundary have the same meanings as in section 14 of this Act.
(2) Where— 14 1963 No 61 Land Transfer Amendment Act 1963 Part 1 s 16 (a) (b) (c) (d) A plan of survey prepared by a licensed cadastral sur­ veyor and deposited pursuant to section 14 of this Act discloses that any occupation boundary is within the title boundary and the plan is made in accordance with the occupation boundary; and For that reason the certiﬁcate of title issued to the ap­ plicant under that section does not include the land be­ tween the occupation boundary and the title boundary (in this section referred to as the intervening land); and The Registrar is satisﬁed, from the particulars shown on the plan of survey or otherwise, that— (i) The fence, wall, hedge, building, ditch, or other artiﬁcial means of marking the occupation boundary was intended to coincide with or to represent the title boundary; or (ii) Where the occupation boundary is a natural fea­ ture of the land, that feature is in close proximity to the title boundary; and The Registrar is satisﬁed that the intervening land or any part thereof is occupied together with other land adjoining the title boundary by the registered proprietor of the fee simple estate in that other land or by some person authorised by him,— the Registrar may notify the registered proprietor of that other land that he may apply to have the intervening land, or, as the case may be, so much thereof as is occupied by him or by any person authorised by him as aforesaid, amalgamated with that other land; and, notwithstanding anything in any other Act, if that registered proprietor so applies, the Registrar may issue to him a certiﬁcate of title accordingly (in this section referred to as the amalgamated certiﬁcate of title).
(3) Any intervening land that is amalgamated with other land pur­ suant to subsection (2) of this section shall cease to be subject to any registered encumbrances, liens, interests, and burdens previously affecting that intervening land, and shall cease to have the beneﬁt of any rights, privileges, beneﬁts, or ease­ ments previously attached thereto, but shall become subject to the same encumbrances, liens, interests, and burdens and shall 15 Part 1 s 17 Land Transfer Amendment Act 1963 1963 No 61 have attached thereto the same rights, privileges, beneﬁts, and easements as the land with which it has been amalgamated.
(4) Where the Registrar issues an amalgamated certiﬁcate of title under this section, any disposition of, or any application for a separate certiﬁcate of title for, any part of the land in that cer­ tiﬁcate of title shall be deemed to be a subdivision of the land for the purposes of the Resource Management Act 1991 The Registrar shall make an entry on every such amalgamated cer­ tiﬁcate of title that it is subject to the provisions of this sub­ section.
Subsection (2) was amended, as from 10 December 1991, by section 2(3) Land Transfer Amendment Act 1991 (1991 No 118) by omitting the words “, without fee or on payment of the prescribed fee as the Registrar thinks ﬁt”.

Subsection (2)(a) was amended, as from 1 June 2002, by section 68(1) Cadastral Survey Act 2002 (2002 No 12), by substituting the words “licensed cadastral surveyor” for the words “registered surveyor”.
Subsection (4) was amended, as from 1 July 2003, by section 262 Local Govern­ ment Act 2002 (2002 No 84), by substituting the words “Resource Management Act 1991” for the words “Local Government Act 1974”.

See sections 273 to 314 of that Act as to the savings and transitional provisions.
Application in respect of land of dissolved company or other corporate body Where any application relates to land the registered proprietor of the fee simple of which is a company or other corporate body that has been dissolved and the property of which has vested in the Crown as bona vacantia,— (a) The Registrar shall not proceed with the application until— (i) Where there is provision in any Act authorising the Crown to disclaim the land, the land has been disclaimed by the Crown in manner provided by that Act and the applicant has satisﬁed the Regis­ trar that no proceedings have been commenced in any Court by any person under that Act to be­ come the registered proprietor of the land; or (ii) Where there is no such provision in any Act, the application is consented to in writing by the Sec­ retary to the Treasury; and (b) Where in any case to which subparagraph (i) of para­ graph (a) of this section applies the Registrar is aware 17 16 1963 No 61 Land Transfer Amendment Act 1963 Part 1 s 19 that any person intends to commence such proceedings, he shall serve notice on that person that an application has been lodged under this Part of this Act and that he will proceed with the application unless the proceedings are commenced within a time speciﬁed in the notice and are duly proceeded with; and (d) (c) Where any such proceedings have been commenced, the Registrar shall not proceed further with the appli­ cation unless and until the proceedings have failed or been discontinued; and If such proceedings have not been commenced within the time ﬁxed in the notice given under paragraph (b) of this section, or within such further time as the Registrar, in his discretion, may allow, and duly proceeded with, the Registrar shall proceed with the application.
Cancellation of certiﬁcate of title 18 (1) Where the Registrar issues a certiﬁcate of title to any applicant under the provisions of section 15 of this Act, he shall cancel any other certiﬁcate of title for that land or, as the case may be, shall partially cancel any other certiﬁcate of title so far as it relates to that land.

The memorial of cancellation shall state that the cancellation was made under the authority of this section.
(2) Upon the cancellation of any certiﬁcate of title as aforesaid, the estate or interest evidenced thereby and the estate or in­ terest evidenced by any instrument, entry, or memorial shown thereon which has not been required to be brought forward on to the new certiﬁcate of title pursuant to subsection (1) of sec­ tion 11 of this Act shall cease and determine in respect of the land as to which the certiﬁcate has been so cancelled.
19 No action against the Crown or Registrar­General of Land except in certain cases Notwithstanding anything in section 172 of the principal Act, no action shall lie against the Crown or the Registrar­General of Land by the registered proprietor of any land or of any estate or interest in any land by reason of the cancellation, in whole or in part, of any certiﬁcate of title to that land or any part 17 Part 1 s 20 Land Transfer Amendment Act 1963 1963 No 61 thereof and the issue of a new certiﬁcate of title therefor under this Part of this Act, except where the registered proprietor— Is deprived of that land, estate, or interest or any part (a) thereof by fraud on the part of any applicant or by the error, omission, or misfeasance of the Registrar or of any of his ofﬁcers or clerks in dealing with any applica­ tion; and Is by the principal Act barred from bringing an action for possession or other action for recovery of the land, estate, or interest.
(b) Notices The provisions of sections 239 to 240D of the principal Act apply in relation to notices under this Act.

Section 20 was substituted, as from 17 May 2005, by section 18 Land Transfer Amendment Act 2005 (2005 No 58).
This Part not to apply in certain cases No application shall be made under section 3 of this Act— (a) With respect to any land owned by the Crown, except as provided in section 17 of this Act: (b) With respect to any Maori land within the meaning of Te Ture Whenua Maori Act 1993: (c) With respect to any land the registered proprietor of the fee simple of which is a local authority: (d) With respect to any land held in trust for any public purpose, being a trust noted or deemed to be noted on the register pursuant to section 129 of the principal Act: (e) With respect to any land occupied together with any adjoining land by the owner of that adjoining land or by any other person by virtue of the fact that any fence, wall, hedge, building, ditch, or other artiﬁcial means of marking the boundary purporting to be on the common boundary between that land and the adjoining land is not on that common boundary: (f) With respect to any land occupied together with any adjoining land by the owner of that adjoining land or by any other person by virtue of a change of course of any river, creek, or stream, or by virtue of the isolation 20 21 18 1963 No 61 Land Transfer Amendment Act 1963 Schedule of that land from any other land in the same ownership by any river, creek, or stream or by any other natural feature of the land or of adjoining land or by any road.
Part 2 Miscellaneous amendments of principal Act 24 (1) (2) 25 (1) (2) Contents of memorial This subsection amended s 39(1) of the principal Act.

Every memorial entered in the register before the passing of this Act which would have been valid if this section had been in force when the memorial was entered is hereby declared to have been validly entered, and the instrument to which it relates is hereby declared to have been duly registered.
Bringing down encumbrances on registration of new lease This subsection substituted a new section for s 117 of the prin­ cipal Act.

Section 4 of the Land Transfer Amendment Act 1959 is hereby repealed.

22 23 26 27 Schedule 19