Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698841260688.pdf (New Zealand)
2008/283 Land Transfer Amendment Regulations (No 2) 2008 Anand Satyanand, Governor­General Order in Council At Wellington this 25th day of August 2008 Present: His Excellency the Governor­General in Council 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 Classes of instruments capable of being electronic instruments New regulations 11 to 13 substituted 11 Parties in respect of whom certiﬁcation under section 164A of Act is required Form of certiﬁcation Legal effect of certiﬁcations 12 13 Registration as to part of land affected Page 2 2 2 2 2 2 2 6 8 12 1 r 1 8 Land Transfer Amendment Regulations (No 2) 2008 2008/283 New Schedule 1 substituted Schedule New Schedule 1 substituted 12 12 Regulations Title These regulations are the Land Transfer Amendment Regula­ tions (No 2) 2008.
Commencement These regulations come into force on 29 September 2008.

Principal regulations amended These regulations amend the Land Transfer Regulations 2002.

Interpretation The deﬁnition of discharge instrument in regulation 3 is amended by omitting “Part 2” and substituting “Part 1”.
Classes of instruments capable of being electronic instruments Regulation 4 is amended by revoking subclause (2) and sub­ stituting the following subclause: “(2) The instrument— “(a) must belong to a class of permissible instrument de­ “(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.” 6 New regulations 11 to 13 substituted Regulations 11 to 13 are revoked and the following regulations substituted: “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 2 2008/283 Land Transfer Amendment Regulations (No 2) 2008 r 6 umn applies, a certiﬁcation must be given on behalf of the party speciﬁed (opposite those descriptions) in the third col­ umn: Electronic instrument Transfer instru­ ment (section 90 of Act) instru­ Easement ment (sections 90A, 90F of Act) vari­ instrument 90C, Easement ation (sections 90F of Act) Mortgage instru­ ment (section 101 of Act) Encumbrance in­ strument (section 101 of Act) vari­ Mortgage ation instrument (section 102 of Act) Mortgage priority (sec­ instrument tion 103 of Act) Case A conveyancer acting for the transferor Speciﬁed party The transferor A conveyancer acting for the transferee A conveyancer acting for the grantor The transferee The grantor A conveyancer acting for the grantee A conveyancer acting for the grantor The grantee 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 A conveyancer acting for the mortgagor A conveyancer or con­ veyancers acting for 1 or more mortgagees giving priority The grantee The mortgagor The mortgagee The encumbrancer The encumbrancee The mortgagor The mortgagee The mortgagor Every
 mortgagee giving priority 3 r 6 Land Transfer Amendment Regulations (No 2) 2008 2008/283 Case A conveyancer or con­ veyancers acting for 1 or more mortgagees taking priority A conveyancer acting for the chargeholder Speciﬁed party Every mortgagee taking priority The chargeholder A conveyancer acting for the lessor 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 The lessee The lessor The lessee The lessor A conveyancer acting for the lessee A conveyancer acting for the licensor The lessee The licensor A conveyancer acting for the licensee A conveyancer acting for the licensor The licensee The licensor A conveyancer acting for the licensee A conveyancer acting for the applicant The licensee The applicant A conveyancer acting for the caveator The caveator Electronic instrument Discharge instru­ ment (section 111 of Act and various other enactments) Lease instrument (section 115 of Act) Lease instrument tion 116 of Act) variation (sec­ Lease instrument tion 120 of Act) surrender (sec­ Licence to occupy (section 121C of Act) li­ Surrender of cence to occupy (section 121K of Act) Application for transmission (sec­ tions 99A, 122 of Act) Caveat 137, Act) (sections 205(4) of 4 2008/283 Land Transfer Amendment Regulations (No 2) 2008 r 6 Electronic instrument Application to note merger of (regulation lease 25 of these regu­ lations) for Application correction or
 change of name (regulation 26 of these regulations) Notice of claim 42(3), (section (Rela­ Property tionships) Act 1976) Application to settle land as a joint family home (sections 5, 12A, Joint Family Homes Act 1964) Application to cancel a joint fam­ ily home (section Joint 10(1)(a), Homes Family Act 1964) for Application deposit unit of title plan (section 5(3), Unit Titles Act 1972) strip Esplanade 232, (sections Resource 235, Management Act 1991) 4, Easement for ac­ cess strip (section 237B, Resource
 Management Act 1991) Case A conveyancer acting for the applicant Speciﬁed party The applicant A conveyancer acting for the applicant The applicant A conveyancer acting for the claimant The claimant A conveyancer acting for the registered pro­ prietor The applicant A conveyancer acting for the registered pro­ prietor The applicant A conveyancer acting for the registered pro­ prietor The applicant A conveyancer acting for the registered pro­ prietor A conveyancer acting for the territorial au­ thority A conveyancer acting for the registered pro­ prietor The registered proprietor The territorial authority The registered proprietor 5 r 6 Land Transfer Amendment Regulations (No 2) 2008 2008/283 Electronic instrument Covenant against transfer, lease, or other disposition (section 240, Re­ source Manage­ ment Act 1991) Case A conveyancer acting for the territorial au­ thority A conveyancer acting for the registered pro­ prietor Speciﬁed party The territorial authority The registered proprietor A conveyancer acting for the territorial au­ thority The territorial authority “12 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 descrip­ tion of the appropriate party from the third column of the table in regulation 11] and that the party has the legal cap­ acity to authorise me to lodge this instrument.
I certify that I have taken reasonable steps to conﬁrm the identity of the person who gave me authority to lodge this instrument.
I certify that any statutory provisions speciﬁed by the Regis­ trar 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 elec­ tronic workspace facility generates a notiﬁcation that the land is or could be Maori land]; or 6 2008/283 Land Transfer Amendment Regulations (No 2) 2008 r 6 I certify that the caveator or claimant under [insert Caveat, or Notice of Claim, and number here] has con­ sented 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 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 transac­ tion is to be registered with the mortgagee’s consent]; or I certify that the licensor or lessor of the affected li­ cence or lease has consented to this transaction, or no­ tice 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 [in­ sert the submortgage number here] has consented to this transaction and I hold that consent, or the mort­ gage postponed by this transaction is not subject to the submortgage [use this form if the title affected by the transaction 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 7 r 6 Land Transfer Amendment Regulations (No 2) 2008 2008/283 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 certiﬁcations I have given and will retain that evidence for the prescribed period.’ “13 Legal effect of certiﬁcations “(1) 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 deed executed by the party or parties speciﬁed (opposite that description) in the second column: Instrument Transfer instrument (section 90 of Act) Easement instrument (sections 90A, 90F of Act) Easement variation instrument (sections 90C, 90F of Act) Mortgage instrument 101 of Act) (section Encumbrance instrument (sec­ tion 101 of Act) Mortgage variation instrument (section 102 of Act) Mortgage priority instrument (section 103 of Act) Lease instrument (section 115 of Act) Parties deemed to have executed instrument The transferor and the transferee The grantor and the grantee The grantor and the grantee The registered proprietor of the land, estate, or interest affected by the mort­ gage The encumbrancer The mortgagor and the mortgagee 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 pre­ viously had priority The lessor and the lessee 8 2008/283 Land Transfer Amendment Regulations (No 2) 2008 r 6 Instrument Lease variation instrument (sec­ tion 116 of Act) Lease (section 120 of Act) instrument surrender Parties deemed to have executed
 instrument 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: Instrument Transfer (section 90 of Act) instrument Easement
 instrument (sections 90A, 90F of Act) Easement variation in­ strument (sections 90C, 90F of Act) Case Any land, estate, or interest in land is transferred An easement is re­ served An easement or proﬁt à prendre is created or sur­ rendered, the or contains transfer covenants binding on the person who is to take the inter­ est under the trans­ fer The easement to be created or sur­ rendered is not in gross The easement to be created or surren­ dered is in gross A land covenant is to be created or sur­ rendered The easement to be varied is not in gross 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 and The registered propri­ the servient etor of tenement the grantee The registered propri­ etors of the dominant and servient tenements The registered propri­ etors of the dominant and servient tenements 9 r 6 Land Transfer Amendment Regulations (No 2) 2008 2008/283 Instrument Case The easement to be varied is in gross A land covenant is to be varied Mortgage (section 101 of Act) instrument All cases instru­ (section 101 of Encumbrance ment Act) Mortgage variation in­ strument (section 102 of Act) Mortgage priority in­ strument (section 103 of Act) All cases All cases All cases Discharge instrument (section 111 of Act and various enact­ other ments) Lease instrument (sec­ tion 115 of Act) Lease variation instru­
 ment (section 116 of Act) Lease surrender instru­ ment (section 120 of Act) Licence to occupy (sec­ tion 121C of Act) Surrender of licence to occupy (section 121K of Act) All cases All cases All cases All cases All cases All cases 10 and Parties deemed to have executed The registered propri­ the servient etor of the tenement grantee The registered propri­ etors of the dominant and servient tenements The registered propri­ etor of the land, estate, or interest affected by the mortgage The encumbrancer The
 mortgagor and the mortgagee The mortgagor; and Every mortgagee under every mortgage that, as a result of the mort­ gage priority instru­ ment, will be ranked af­ ter any mortgage over which it previously had priority The chargeholder lessor and the lessor and the lessor and the The lessee The lessee The lessee The ﬂat or ofﬁce own­ ing company and the share­holder The ﬂat or ofﬁce own­ ing company and the li­ censee 2008/283 Land Transfer Amendment Regulations (No 2) 2008 r 6 Instrument Application for trans­ mission (sections 99A, 122 of Act) Caveat 205(4) of Act) (sections 137, to to Application note merger of lease (regu­ lation 25 of these regu­ lations) Application for correc­ tion or change of name (regulation 26 of these regulations) Notice of claim (section 42(3), Property (Rela­ tionships) Act 1976) settle Application land as a joint fam­ ily home (sections 4, 5, 12A, Joint Family Homes Act 1964) Application to cancel a joint family home (section 10(1)(a), Joint Family Homes Act 1964) Application for deposit of unit title plan (sec­ tion 5(3), Unit Titles Act 1972) Esplanade strip (sec­ tions 232, 235, Re­ source Management Act 1991) Easement access strip (section 237B, Re­ source Management Act 1991) Covenant against trans­ fer, lease, or other dis­ position (section 240, Resource Management Act 1991) for Case All cases All cases All cases All cases All cases All cases Parties deemed to have executed The applicant The caveator or the caveator’s attorney or
 agent The registered propri­ etor The registered propri­ etor The or claimant claimant’s attorney or agent 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 11 r 7 7 8 Land Transfer Amendment Regulations (No 2) 2008 2008/283 Registration as to part of land affected Regulation 24(3) is revoked.
New Schedule 1 substituted Schedule 1 is revoked and the Schedule 1 set out in the Sched­ ule of these regulations substituted.
Schedule New Schedule 1 substituted r 8 Schedule 1 Electronic instrument Part 1 Permissible instruments The following table describes, for the purposes of regulation 4(2)(a), the classes of permissible instrument: r 4 Class of permissible instrument Transfer instrument Description Made under section 90(1) of Act Easement instrument 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— discharge of mortgage (in­ cludes discharge of encum­ brance) discharge of family beneﬁt charge discharge of charging order Section 111 of Act Section 14(3) or (4), Family Beneﬁts (Home Ownership) Act 1964 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 (a) (b) (c) 12 2008/283 Land Transfer Amendment Regulations (No 2) 2008 Schedule Part 1—continued Class of permissible instrument (d) discharge of statutory land charge (e) withdrawal of caveat Description 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 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 Section 7, Statutory Land Charges Registra­ tion 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 Manage­ ment 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 Section 147 of Act 13 Schedule Land Transfer Amendment Regulations (No 2) 2008 2008/283 Part 1—continued Class of permissible instrument (f) withdrawal of notice of claim cancellation or expiration of consent notice cancellation of bond (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) (q) (r) (s) (t) (u) discharge of lien cancellation of building­line restriction withdrawal of notice of de­ sire to acquire land discharge of compensation certiﬁcate discharge of certiﬁcate of consent release of irrigation notice of irrigation of Earthquake discharge charge discharge Commission notice discharge Commission notice removal of notiﬁcation of building consent discharge of tax charge of Earthquake cancellation of amalgam­ ation condition revocation of compulsory easement condition Description Section 42(3), Property (Relationships) Act 1976 Section 221(5), Resource Management Act 1991 Sections 304, 348, Local Government Act 1974, or section 109(2), Resource Manage­ ment Act 1991 Section 42, Wages Protection and Contrac­ tors’ Liens Act 1939
 Section 327A, Local Government Act 1974 Section 18, Public Works Act 1981 Section 19(7), Public Works Act 1981 Section 115, Public Works Act 1981 Section 220, Public Works Act 1981 Section 221, Public Works Act 1981 Regulation 5A, Earthquake and War Dam­ age Regulations 1984 Section 28, Earthquake Commission Act 1993 Section 74, Building Act 2004 Section 367, Income Tax Act 1976 Section 241, Resource Management Act 1991 Section 243(f), Resource Management Act 1991 Made under section 115 of Act Lease
 instrument 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 14 Made under sections 137, 205(4) of Act 2008/283 Land Transfer Amendment Regulations (No 2) 2008 Schedule Part 1—continued or for correction Description Application change of name Notice of claim Class of permissible instrument Application to note merger of lease Made under regulation 25 of these regula­ tions Made under regulation 26 of these regula­ tions Made under section 42(3), Property (Rela­ tionships) Act 1976 Made under sections 4, 5, 12A, Joint Family Homes Act 1964 Made under section 10(1)(a), Joint Family Homes Act 1964 Made under section 5(3), Unit Titles Act 1972 Made under sections 232, 235, Resource Management Act 1991 Made under section 237B, Resource Man­ agement Act 1991 Made under section 240, Resource Manage­ ment Act 1991 Application to settle land as a joint family home Application to cancel a joint family home Application for deposit of unit title plan Esplanade strip Covenant against transfer, lease, or other disposition Easement for access strip 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 All instruments Mortgage variation instrument Restrictions An instrument required by any enactment to be executed by a court registrar or under a court seal cannot be an electronic instrument May affect only 1 mortgage Discharge instrument May affect only 1 charge 15 Explanatory note Land Transfer Amendment Regulations (No 2) 2008 2008/283 Part 2—continued Class of permissible instrument Transfer instrument, mortgage in­ strument, mortgage variation in­ strument, mortgage priority in­ strument,
 application for trans­ mission, caveat, notice of claim, or application for correction or change of name Restrictions An instrument affecting any land, estate, or interest— (a) for which 1 computer register has been created; or comprised in 1 registered instrument; or for which more than 1 computer register has been created (if the af­ fected registered proprietor is the same in each case); or comprised in more than 1 registered instrument (if the type of estate or in­ terest, and affected registered propri­ etor, 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 survivor­ ship”.

Rebecca Kitteridge, 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 29 September 2008, amend the Land Transfer Regulations 2002.
The regulations imple­ ment Landonline upgrade release 3.1 and will enable almost all land transactions to be lodged electronically.
In particular, this release will enable the following instruments to be lodged electronically rather than on paper: • easements (rights to use another person’s land for a speciﬁc purpose), easement variations, encumbrances (a type of mort­ gage), mortgage variations, leases, licences to occupy land, variations of leases and licences, transmissions (acquiring title 16 2008/283 Land Transfer Amendment Regulations (No 2) 2008 • • • • by operation of law), caveats (claims of unregistered land en­ titlements or interests), mergers of leases, and corrections or changes of name: notices of claim on a land title by a spouse or a civil union or de facto partner of a land holder under the Property (Relation­ ships) Act 1976.
These have the same effect as caveats: applications to settle and to cancel settlements of land under the Joint Family Homes Act 1964: applications for the creation of stratum estates for buildings or parts of buildings under the Unit Titles Act 1972: agreements between local authorities and landowners creat­ ing esplanade strips, easements for access strips, and land amalgamation conditions under the Resource Management Act 1991.
In addition, 3 new conveyancer certiﬁcations required under the Land Transfer Act 1952 for variations of mortgage priority, transmissions, and variations or surrender of easements will be provided for elec­ tronic versions of these instruments.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notiﬁcation in Gazette: 28 August 2008.

These regulations are administered by Land Information New Zealand.
12 Wellington, New Zealand: Published under the authority of the New Zealand Government—2008 17