Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698841220024.pdf (New Zealand)
Reprint as at 12 November 2018 Land Transfer Amendment Regulations (No 2) 2008 (SR 2008/283) Land Transfer Amendment Regulations (No 2) 2008: revoked, on 12 November 2018, pursuant to section 249(1) of the Land Transfer Act 2017 (2017 No 30).
Anand Satyanand, Governor-General Order in Council At Wellington this 25th day of August 2008 Present: His Excellency the Governor-General in Council Pursuant to section 236 of the Land Transfer Act 1952, His Excellency the Governor- General, acting on the advice and with the consent 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 Page 2 2 2 2 2 2 Note Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by Land Information New Zealand.
1 r 1 Land Transfer Amendment Regulations (No 2) 2008 Reprinted as at 12 November 2018 11 Parties in respect of whom certification under section 164A of Act is required 12 Form of certification Legal effect of certifications 13 Registration as to part of land affected New Schedule 1 substituted Schedule New Schedule 1 substituted Regulations 2 5 6 8 9 9 Title These regulations are the Land Transfer Amendment Regulations (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 substituting the follow- ing subclause: 7 8 (2) The instrument— (a) must belong to a class of permissible instrument described in Part 1 of Schedule 1; and (b) 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 column applies, a certification must be given on behalf of the party specified (opposite those descriptions) in the third column: 2 Reprinted as at 12 November 2018 Land Transfer Amendment Regulations (No 2) 2008 r 6 Electronic instrument Transfer instrument (section 90 of Act) Easement instrument (sections 90A, 90F of Act) Easement instrument 90C, 90F of Act) variation (sections Mortgage (section 101 of Act) instrument Encumbrance instru- ment (section 101 of Act) Mortgage variation instrument (section 102 of Act) priority Mortgage instrument (section 103 of Act) instrument Discharge (section 111 of Act and various other enact- ments) Lease instrument (sec- tion 115 of Act) Lease variation instru- ment (section 116 of Act) Case A conveyancer acting for the transferor A conveyancer acting for the transferee A conveyancer acting for the grantor Specified party The transferor 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 The grantee The mortgagor The mortgagee The
 encumbrancer A conveyancer acting for the encumbrancee A conveyancer acting for the mortgagor The encumbrancee The mortgagor A conveyancer acting for the mortgagee A conveyancer acting for the mortgagor The mortgagee The mortgagor A conveyancer or conveyanc- ers acting for 1 or more mort- gagees giving priority A conveyancer or conveyanc- ers acting for 1 or more mort- gagees taking priority A conveyancer acting for the chargeholder Every mortgagee giving priority Every mortgagee taking priority The
 chargeholder A conveyancer acting for the lessor A conveyancer acting for the lessee A conveyancer acting for the lessor The lessor The lessee The lessor A conveyancer acting for the lessee The lessee 3 r 6 Land Transfer Amendment Regulations (No 2) 2008 Reprinted as at 12 November 2018 Electronic instrument 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) to Application for trans- mission (sections 99A, 122 of Act) Caveat (sections 137, 205(4) of Act) Application note merger of lease (regula- tion 25 of these regula- tions) Application for correc- tion or change of name (regulation 26 of these regulations) Notice of claim (section 42(3), Property (Rela- tionships) Act 1976) Application settle land as a joint family home (sections 4, 5, Family Joint 12A, Homes Act 1964) Application to cancel a joint family home (sec- tion Joint 10(1)(a), Family Homes Act 1964) Application for deposit of unit title plan (sec- tion 5(3), Unit Titles Act 1972) (sec- Esplanade strip tions 235, 232, Resource Management Act 1991) to Case A conveyancer acting for the lessor Specified party 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 The lessee 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 A conveyancer acting for the applicant The caveator 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 proprietor Easement strip for access
 (section 237B, A conveyancer acting for the territorial authority A conveyancer acting for the registered proprietor The territorial authority The registered proprietor 4 Reprinted as at 12 November 2018 Land Transfer Amendment Regulations (No 2) 2008 r 6 Electronic instrument Resource Management Act 1991) Case Specified party A conveyancer acting for the territorial authority A conveyancer acting for the registered proprietor The territorial authority The registered proprietor A conveyancer acting for the territorial authority The territorial authority Covenant against trans- fer, lease, or other dis- position (section 240, Resource Management Act 1991) 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 description of the appropri- ate 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 identity of the person who gave me authority to lodge this instrument.
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 fol- lowing 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 sub- ject 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 num- ber here] has consented to this transaction and I hold that consent [use this form if the transaction is to be registered with the mortgagee’s con- sent]; 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 Commis- sioner of Crown Lands, or (in the case of mortgages) the licensor’s or 5 r 6 Land Transfer Amendment Regulations (No 2) 2008 Reprinted as
 at 12 November 2018 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 transaction is affected by a submortgage]; or I certify that the applicant is entitled to be registered as proprietor by vir- tue 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 con- dition imposed by the territorial authority [use this form if the transac- tion to be registered is a variation of easement or a surrender of ease- ment].
I certify that I hold evidence showing the truth of the certifications I have given and will retain that evidence for the prescribed period.’ Legal effect of certifications For the purposes of section 164E(1) of the Act, on the registration of an instru- ment of a class described in the first column of the following table, the instru- ment 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 (section 101 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 mortgage The encumbrancer Encumbrance instrument (section 101 of Act) Mortgage variation instrument (section 102 of Act) Mortgage priority 103 of Act) instrument (section Lease instrument (section 115 of Act) Lease variation instrument (section 116 of Act) Lease surrender instrument (section 120 of Act) The mortgagor and the mortgagee The mortgagor; 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 The lessor and the lessee The lessor and the lessee The lessor and the lessee 13 (1) 6 Reprinted as at 12 November 2018 Land Transfer Amendment
 Regulations (No 2) 2008 r 6 (2) For the purposes of section 164E(3)(b) of the Act, on the registration 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 column: Instrument Transfer instrument (section 90 of Act) Easement instrument (sections 90A, 90F of Act) Case
 Any land, estate, or inter- est in land is transferred An easement is reserved An easement or profit à prendre is created or sur- rendered, or the transfer contains covenants bind- ing on the person who is to take the interest under the transfer The easement to be cre- ated or surrendered is not in gross The easement to be cre- ated or surrendered is in gross A land covenant is to be created or surrendered Easement variation instrument (sections 90C, 90F of Act) 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 instrument (section 101 of Act) All cases Encumbrance instrument (sec- tion 101 of Act) Mortgage variation instrument (section 102 of Act) Mortgage priority (section 103 of Act) instrument All cases All cases All cases Parties deemed to have executed The transferor The transferor and the trans- feree The transferor and the person who is to take the interest The registered proprietors of the dominant and servient tenements The registered proprietor of the servient tenement and the grantee The registered proprietors of the dominant and servient tenements The registered proprietors of the dominant and servient tenements 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 encumbrancer The mortgagor and the mort- gagee The
 mortgagor; and Every mortgagee under every mortgage that, as a result of the mortgage priority instru- ment, will be ranked after any mortgage over which it previ- ously had priority 7 r 7 Land Transfer Amendment Regulations (No 2) 2008 Reprinted as at 12 November 2018 for (section variation instrument instrument to occupy transmission Instrument Discharge instrument (section 111 of Act and various other enactments) Lease instrument (section 115 of Act) Lease (section 116 of Act) Lease surrender (section 120 of
 Act) Licence 121C of Act) Surrender of licence to occupy (section 121K of Act) Application (sections 99A, 122 of Act) Caveat (sections 137, 205(4) of Act) Application to note merger of lease (regulation 25 of these regulations) Application for correction or change of name (regulation 26 of these regulations) Notice of claim (section 42(3), Property (Relationships) Act 1976) Application to settle land as a joint family 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 (section 5(3), Unit Titles Act 1972) Esplanade strip (sections 232, 235, Resource Management Act 1991) Easement for access strip (sec- tion 237B, Resource Manage- ment Act 1991) Covenant transfer, against lease, or other disposition (sec- tion 240, Resource Manage- ment Act 1991) Case All cases All cases All cases All cases All cases All cases All cases All cases All cases Parties deemed to have executed The chargeholder The lessor and the lessee The lessor and the lessee The lessor and the lessee The flat or office owning com- pany and the share-holder The flat or office owning com- pany and the licensee The applicant The caveator or the caveator’s attorney or agent The registered proprietor All cases The registered proprietor All cases The claimant or 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 proprietor and the local authority The registered proprietor and the local authority The owner and the territorial authority 7 Registration as to part of land affected Regulation 24(3) is revoked.
8 Reprinted as at 12 November 2018 Land Transfer Amendment Regulations (No 2) 2008 Schedule 8 New Schedule 1 substituted Schedule 1 is revoked and the Schedule 1 set out in the Schedule of these regu- lations substituted.
Schedule New Schedule 1 substituted Schedule 1 Electronic instrument r 8 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 Transfer instrument Easement instrument Easement variation instrument Mortgage instrument Encumbrance instrument Mortgage variation instrument Mortgage priority instrument Discharge instrument— (a) Description Made under section 90(1) of Act Made under sections 90A and 90F of Act Made under sections 90C and 90F of Act Made under section 101 of Act Made under section 101 of Act Made under section 102 of Act Made under section 103 of Act Section 111 of Act discharge of mortgage (includes dis- charge of encumbrance) discharge of family benefit charge discharge of charging order (b) (c) Section 14(3) or (4), Family Benefits (Home Owner- ship) 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 Sections 66, 101, Local Government (Rating) 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 9 Schedule Land Transfer Amendment Regulations (No 2) 2008 Reprinted as at 12 November 2018 Class
 of permissible instrument (d) discharge of statutory land charge withdrawal of caveat withdrawal of notice of claim cancellation or expiration of consent notice cancellation of bond discharge of lien cancellation of building-line restric- tion withdrawal of notice of desire to acquire land discharge of compensation certifi- cate discharge of certificate of consent release of irrigation notice discharge of irrigation charge discharge of Earthquake Commis- sion notice discharge of Earthquake Commis- sion
 notice removal of notification of building consent discharge of tax charge (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) (q) (r) (s) 10 Description 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 Sections 326(10), 331(1), 335(7), 355(5), 465, 468(5), 511(6), 626(1), 650(5), 674(7), 692ZK(3), Local Gov- ernment 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 Management 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 Section 42(3), Property (Relationships) Act 1976 Section 221(5), Resource Management Act 1991 Sections 304, 348, Local Government Act 1974, or sec- tion 109(2), Resource Management Act 1991 Section 42, Wages Protection and Contractors’ 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 Damage Regula- tions 1984 Section 28, Earthquake Commission Act 1993 Section 74, Building Act 2004 Section 367, Income Tax Act 1976 Reprinted as at 12 November 2018 Land Transfer Amendment Regulations (No 2) 2008 Schedule (u) Class of permissible instrument (t) cancellation of amalgamation condi- tion revocation of compulsory easement condition Lease instrument Lease variation instrument Lease surrender instrument Licence to occupy Surrender of licence to occupy
 Application for transmission Caveat Application to note merger of lease Application for correction or change of name Notice of claim 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 Easement for access strip Covenant against transfer, lease, or other disposition Description Section 241, Resource Management Act 1991 Section 243(f), Resource Management Act 1991 Made under section 115 of Act Made under section 116 of Act Made under section 120 of Act Made under section 121C of Act Made under section 121K of Act Made under sections 99A, 122 of Act Made under sections 137, 205(4) of Act Made under regulation 25 of these regulations Made under regulation 26 of these regulations Made under section 42(3), Property (Relationships) 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 Management Act 1991 Made under section 240, Resource Management 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 All instruments Mortgage variation instrument Discharge instrument Transfer instrument, mortgage instrument,
 mortgage variation instrument, mortgage priority instrument, application for trans- mission, caveat, notice of claim, or appli- cation for correction or change of name 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 May affect only 1 charge An instrument affecting any land, estate, or interest— (a) (b) (c) 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 affected registered proprietor is the same in each case); or 11 Explanatory note Land Transfer Amendment Regulations (No 2) 2008 Reprinted as at 12 November 2018 Class of permissible instrument Application for transmission Restrictions (d) comprised in more than 1 registered instrument (if the type of estate or interest, and affected registered proprietor, are the same in each case).
May not relate to a transmission of any land, estate, or interest comprised in a computer register noted with the words “No survivorship”.

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 implement Landonline upgrade release 3.1 and will enable almost all land transactions to be lodged electronically.
In particu- lar, 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 mortgage), mortgage variations, leases, licences to occupy land, variations of leases and licences, transmissions (acquiring title by operation of law), caveats (claims of unregistered land entitlements 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 (Relationships) 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 build- ings under the Unit Titles Act 1972: agreements between local authorities and landowners creating 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 electronic versions of these instruments.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 28 August 2008.


12 Land Transfer Amendment Regulations (No 2) 2008 Notes Reprinted as at 12 November 2018 Reprints notes 1 General This is a reprint of the Land Transfer Amendment Regulations (No 2) 2008 that incorporates all the amendments to those regulations as at the date of the last amendment to them.
2 Legal status Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment.

Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act.

A printed version of the reprint produced directly from this official elec- tronic version also has official status.
3 Editorial and format changes Editorial and format changes to reprints are made using the powers under sec- tions 24 to 26 of the Legislation Act 2012.

See also http://www.pco.parlia- ment.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint Land Transfer Act 2017 (2017 No 30): section 249(1) Wellington, New Zealand: Published under the authority of the New Zealand Government—2018 13