Land Transfer Act 1952

1: Short Title and commencement
This Act may be cited as the Land Transfer Act 1952, and shall come into force on 1 January 1953.
2: Interpretation
In this Act, and in all instruments purporting to be made and executed under this Act, unless the context otherwise requires,— bankruptcy computer register section 4 Crown grant dealing department district each Registrar every Registrar the Registrar electronic instrument section 4 endorsement and any similar addition to an instrument in a medium other than paper estate or interest former Land Transfer Act Land Transfer Act 1915 Land Transfer Act 1908 Land Transfer Act 1885 instrument
a: means any printed or written document, map, or plan relating to the transfer of or other dealing with land, or evidencing title to land; and
b: includes a memorandum within the meaning of section 155A(1) land the Land Transfer Acts and the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 medium
a: any electronic, electromagnetic, optical, digital, or photographic process or system; and
b: any paper; and
c: any other means of recording or storing information mortgage
a: the repayment of a loan or satisfaction of an existing debt:
b: the repayment of future advances, or payment or satisfaction of any future or unascertained debt or liability, contingent or otherwise:
c: the payment to the holders for the time being of any bonds, debentures, promissory notes, or other securities, negotiable or otherwise, made or issued by the mortgagor before or after the creation of that charge:
d: the payment to any person or persons by yearly or periodical payments or otherwise of any annuity, rentcharge, or sum of money other than a debt mortgagee mortgagor paper instrument practitioner
a: a practitioner within the meaning of section 6
b: a landbroker licensed by the Registrar under section 229 proprietor register Registrar-General section 4(1) Registrar Surveyor-General Cadastral Survey Act 2002 transmission working day 1915 No 35 s 2 1925 No 20 s 6 Section 2 computer register inserted 1 June 2002 section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 2 department inserted 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 2 each Registrar every Registrar the Registrar inserted 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 2 electronic instrument inserted 1 June 2002 section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 2 endorsement amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 2 instrument replaced 1 June 2002 section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 2 the Land Transfer Acts amended 1 June 2002 section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 2 medium inserted 1 June 2002 section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 2 paper instrument inserted 1 June 2002 section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 2 practitioner inserted 1 August 2008 section 342 Lawyers and Conveyancers Act 2006 Section 2 register inserted 1 June 2002 section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 2 Registrar Examiner repealed 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 2 Registrar-General replaced 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 2 Surveyor-General amended 1 June 2002 section 68(2) Cadastral Survey Act 2002 Section 2 working day inserted 26 August 2002 section 65(2) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
2AA: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA Section 2AA inserted 1 October 2015 section 4 Land Transfer Amendment Act 2015
2A: Act binds the Crown
This Act binds the Crown. Section 2A inserted 1 February 1999 Land Transfer (Automation) Amendment Act 1998
1: Administration
Land registration districts, officers, etc
3: Land registration districts
1: The land registration districts existing at the commencement of the Land Transfer (Automation) Amendment Act 1998
2: The Governor-General may from time to time, by Order in Council,—
a: alter the boundaries of any district:
b: amalgamate any 2 or more districts:
c: create new districts:
d: assign a name to any district:
e: abolish all districts.
3: The making of an Order in Council under subsection (2) does not require any register, computer register within the meaning of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 3 replaced 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 3(3) amended 1 June 2002 section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
4: Registrar-General of Land
1: There must be a Registrar-General of Land, appointed under the State Sector Act 1988
2: No person may be appointed Registrar-General, and no person may be directed under section 62(1)
3: In exercising or performing the powers and duties of the Registrar, the Registrar and every delegate of the Registrar must have regard to the following objectives:
a: ensuring an efficient and effective system for registering dealings in land:
b: managing the risk of fraud and improper dealings:
c: ensuring public confidence in the land titles system:
d: ensuring the maintenance of the integrity of the register and the right to claim compensation under Part 11 Section 4 replaced 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 4(3) inserted 1 June 2002 section 39 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
5: Delegation of Registrar's powers and duties
1: The Registrar may from time to time, either generally or particularly, delegate to any employee of the chief executive of the department or any other suitable person under this Act or any other Act
a: any power or duty under any of sections 172 173 175 216 217 218 222 225 226 229 231 232 238
b: the power of delegation conferred by this section.
2: Any delegation may be made to a specified person or to persons of a specified class, or to the holder or holders of a specified office.
3: Every delegation is revocable in writing at any time.
4: No delegation affects or prevents the exercise of any power or the performance of any duty by the Registrar, nor does it affect the responsibility of the Registrar for the actions of any person acting under the delegation.
5: Any delegation continues in force according to its tenor, despite any change in the person holding office as the Registrar.
6: Subject to any general or special directions given by the Registrar, the person to whom any powers or duties are delegated may exercise those powers or perform those duties in the same manner and with the same effect as if they had been conferred on that person directly and not by delegation.
7: In the absence of proof to the contrary, an employee of the chief executive of the department purporting to act under a delegation under this section is presumed to be acting in accordance with its terms.
8: If any person who is not an employee of the chief executive of the department is purporting to act under a delegation under this section, that person is presumed to be acting in accordance with the terms of a delegation in the absence of proof to the contrary but must provide evidence of the delegation if so requested. Section 5 replaced 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 5(1) amended 1 June 2002 section 40(1)﻿(a) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 5(1) amended 1 June 2002 section 40(1)﻿(b) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 5(8) inserted 1 June 2002 section 40(2) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
6: Registrar to have seal of office
1: The Registrar must have and use a seal of office, bearing the impression of the New Zealand Coat of Arms and having inscribed the words Registrar-General of Land, New Zealand
2: Every instrument bearing a representation of the Registrar's seal and purporting to be issued by or on behalf of the Registrar is, in the absence of proof to the contrary, to be treated as having been issued by or under the direction of the Registrar.
3: Nothing in this section affects the validity of any document signed before the commencement of the Land Transfer (Automation) Amendment Act 1998 Section 6 replaced 1 February 1999 Land Transfer (Automation) Amendment Act 1998
7: Barristers or solicitors only to be appointed to certain offices
Section 7 repealed 1 February 1999 Land Transfer (Automation) Amendment Act 1998
8: Officers to be subject to regulations of Public Service
Section 8 repealed 1 February 1999 Land Transfer (Automation) Amendment Act 1998
9: Registrar to have and use seal of office
Section 9 repealed 1 February 1999 Land Transfer (Automation) Amendment Act 1998
2: Land subject to this Act
10: What lands subject to this Act
The following land shall be subject to the provisions of this Act:
a: all land which has already in any manner become subject to the provisions of any former Land Transfer Act:
b: all land hereafter alienated or contracted to be alienated from the Crown in fee:
c: all land in respect of which any order is hereafter made under the provisions of any Maori Land Act in force for the time being which has the effect of vesting that land in any person in freehold tenure:
d: all land which hereafter becomes vested in any person for an estate in fee simple in possession by virtue of any Act of the Parliament of New Zealand 1915 No 35 s 10 1947 No 59 Part 1 Section 10(d) amended 1 January 1987 section 29(2) Constitution Act 1986
11: Special provision as to land under Maori Land Act
Land over which the Maori title has been extinguished since the constitution of the district within which the same is situate, but before 31 August 1874 (being the date of the passing of the Land Transfer Act 1870 Amendment Act 1874 1915 No 35 s 11 1947 No 59 Part 1 Title in substitution for Crown grant
12: Issue of certificate of title in lieu of Crown grant
1: A Crown grant may not be issued for any land subject to the provisions of this Act; but in lieu of a grant the Governor-General may by warrant direct the Registrar to—
a: issue a certificate of title for the land in form 1
b: create a computer register for the land and, if the land is not electronic transactions land, issue a certificate of title accordingly.
2: The—
a: issue of a certificate of title under subsection (1)﻿(a), when signed and registered; or
b: recording of information in the register under subsection (1)﻿(b), when effected,— has the force and effect of a Crown grant.
3: This section and sections 14 17 18 section 116
a: the form of a certificate of title; or
b: the form in which information is recorded in the register,— may be varied as required by the operation of that section. Section 12 replaced 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 12(1)﻿(b) replaced 1 June 2002 section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
13: Particulars to be specified in warrant
Every such warrant—
a: shall specify the name and description of the person or persons entitled to the grant, and, if more than 1, whether as joint tenants or tenants in common, and the date whereon the right to the grant accrued, together with a description of the land sufficient to identify the same, the correctness of which shall be certified by the Surveyor-General, or by some person appointed by him for the purpose; and whether the land is intended to be held in trust as a public reserve or otherwise, or is subject to any road or other reservation or restriction; and
b: shall be filed by the Registrar in his office for reference, and shall be conclusive evidence to the Registrar of the matters hereby required to be therein stated. 1915 No 35 s 13
14: Certificate may be issued to person claiming through person named in warrant
If it appears on the provisional register that the estate of any person named in any warrant as entitled to a Crown grant has become vested in any other person claiming through the person named in the warrant, the Registrar may issue a certificate of title direct to the person appearing to be so entitled or create an appropriate computer register 1915 No 35 s 14 Section 14 amended 1 June 2002 section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
15: Certificate to issue subject to existing encumbrances
Every certificate of title to be issued or computer register created 1915 No 35 s 15 Section 15 amended 1 June 2002 section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
16: Warrant for certificate of title not required in certain cases No warrant shall be necessary for the issue of a certificate of title to any person in whom any land has become vested, whether before or after the commencement of this Act, for an estate in fee simple in possession by any Act of the Parliament of New Zealand or notice by any Minister of the Crown 1915 No 35 s 16 Section 16 heading amended 23 October 1963 section 23 Land Transfer Amendment Act 1963 Section 16 amended 1 January 1987 section 29(2) Constitution Act 1986 Section 16 amended 23 October 1963 section 23 Land Transfer Amendment Act 1963
17: Warrant to fix antevesting date
1: The land comprised in any certificate of title issued in lieu of a Crown grant shall be deemed to have been subject to the provisions of the Land Transfer Acts as from the date fixed by the Governor-General's warrant as the date of acquisition of title thereto; and that date shall, for all purposes whatsoever, be deemed the antevesting date, in the same manner as if that antevesting date had been inserted in a Crown grant of the said land.
2: The reference to an antevesting date in any certificate of title purporting to be issued in pursuance of any such warrant shall be conclusive evidence of that date, and that the same was fixed by the Governor-General's warrant, as in the certificate is set forth and stated.
3: This section shall not be construed to validate or enable the registration under the Land Transfer Acts of any instrument executed before 16 September 1889 (being the date of the commencement of the Land Transfer Act 1885 Amendment Act 1889 1915 No 35 s 17 1947 No 59 Part 1 1951 No 60 s 8
18: Reservation of road by warrant
1: The reservation in any such warrant of any right of road, or right to take or lay off any road, shall, as from the date of the warrant, have the like effect as if the reservation had been contained in a Crown grant on the like date of the land the subject thereof.
2: Every such reservation, and all rights existing by virtue thereof, shall be deemed sufficiently protected by the general reservation in any certificate of title of the right of the Crown to take and lay off roads under the provisions of any Act of the Parliament of New Zealand 1915 No 35 s 18 Section 18(2) amended 1 January 1987 section 29(2) Constitution Act 1986 Voluntary applications to bring land under Act
19: How land may be brought under Act
Land which has not become subject to this Act in any manner under the foregoing provisions may, if the same has been alienated or contracted to be alienated from the Crown in fee, be brought under this Act in manner hereinafter provided; but no application shall be received to bring under this Act land for which no Crown grant has been issued until the application has been approved by the Surveyor-General, or by some person appointed by him for the purpose, and has been assented to by the Governor-General. 1915 No 35 s 19
20: By whom applications may be made
1: The Registrar of each district shall receive applications for the purpose aforesaid in form A or other prescribed form
a: by any person (claiming to be the person) in whom the fee simple of the land is vested in possession either at law or in equity: provided that, wherever trustees other than trustees of public reserves have no express power to sell the land which they seek to bring under this Act, the person claiming to be beneficially entitled to the land shall concur in the application:
b: by any person claiming a life estate in possession, not being a lease for a life or lives: provided that all persons claiming to be beneficially entitled in reversion or remainder shall concur in the application:
c: by any person having power legally or equitably to dispose of the fee simple in possession, but, if subject to the consent of any other person, then with that consent:
d: by any person or body corporate holding any land as a public reserve, but in that case subject to the trusts affecting the reserve:
e: by the guardian of any infant, making the application in the name of the infant:
f: in the case of a mentally disordered person within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992 Public Trust manager the mentally disordered person
g: in the case of a person in respect of whom a protection order is in force under the Protection of Personal and Property Rights Act 1988
h: by any agent holding a power of attorney authorising the sale of a freehold estate in any land of an absent proprietor, and making the application in the name of the proprietor, unless the power expressly prohibits his so doing.
2: No such application shall be received—
a: from any person claiming to be entitled to an undivided share of any land, unless the persons who appear to be entitled to the other undivided shares of the said land join in the application with a view to bringing the entirety under this Act; nor
b: from the mortgagor of any land, unless the mortgagee consents to the application; nor
c: from the mortgagee of any land, except in exercise of a power of sale contained in the mortgage.
3: Every application to bring any land under this Act made by or on behalf of a company or other body corporate incorporated in New Zealand shall be executed in accordance with regulations made under 1915 No 35 s 20 Section 20(1) amended 26 August 2002 section 65(2) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 20(1)﻿(f) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 20(1)﻿(f) amended 1 November 1992 section 137(1) Mental Health (Compulsory Assessment and Treatment) Act 1992 Section 20(1)﻿(f) amended 1 April 1970 Mental Health Act 1969 Section 20(1)﻿(f) amended 1 April 1970 Mental Health Act 1969 Section 20(1)﻿(g) amended 1 October 1988 section 113 Protection of Personal and Property Rights Act 1988 Section 20(3) amended 17 May 2005 section 3 Land Transfer Amendment Act 2005 Section 20(3) amended 1 July 1994 Land Transfer Amendment Act 1994
21: Applicant to surrender title deeds
Every applicant shall, when making his application, surrender to the Registrar all instruments in his possession or under his control constituting or in any way affecting his title, and shall furnish a schedule of those instruments, and also, if required, an abstract of his title, and shall make and subscribe a declaration of the truth of the statements in the application, and shall supply a plan of the land applied for, showing the boundaries and relative position thereof. 1915 No 35 s 21
22: Procedure on application
Section 22 repealed 1 February 1999 Land Transfer (Automation) Amendment Act 1998
23: Notice of application to be gazetted
If it appears to the satisfaction of the Registrar Gazette locality the prescribed period 1915 No 35 s 23 Section 23 amended 26 August 2002 section 65(2) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 23 amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998
24: If applicant is original grantee, notice may be dispensed with
If it appears that the applicant is the original grantee from the Crown, and that no instrument, matter, or thing affecting the title to the land other than the Crown grant has been registered, the Registrar form 2 1915 No 35 s 24 Section 24 amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998
25: When Registrar may reject application or order service of notices
If it appears to the Registrar section 23 1915 No 35 s 25 Section 25 amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998
26: Notice of application to be posted in
an appropriate office of the Registrar The Registrar shall, in addition to the notices aforesaid, cause notice of every such application as last mentioned to be posted in a conspicuous place in an appropriate office of the Registrar 1915 No 35 s 26 Section 26 heading amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 26 amended 26 August 2002 section 65(2) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 26 amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998
27: If no caveat lodged, Registrar may bring land under Act
1: The Registrar must (by acting under subsection (2)) bring under this Act the land described in any application if, at the expiration of the time limited in respect of the application, it appears to the Registrar that—
a: all necessary notices have been given; and
b: no caveats have been lodged; and
c: no sufficient cause to the contrary appears.
2: The Registrar must—
a: issue to the applicant or a person specified in writing by the applicant, a certificate of title for the land in form 2
b: create a computer register for the land and, if the land is not electronic transactions land, issue a certificate of title accordingly. Section 27 replaced 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 27(2)﻿(b) replaced 1 June 2002 section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
28: In case of failure to serve notice, time may be extended
If it appears to the Registrar 1915 No 35 s 28 Section 28 amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998
29: Application may be withdrawn by consent of persons interested
The applicant may, with the consent of the person (if any) in whose name the certificate of title has been directed to be issued, withdraw his application at any time prior to the issuing of the certificate; and the Registrar shall in that case return to him, or to the person (if any) notified in the application as having a lien thereon, all instruments of title deposited by the applicant in support of his application. 1915 No 35 s 29
30: Disposition of previous title deeds on issue of certificate of title
1: Upon issuing a certificate of title bringing land under this Act, the Registrar shall cancel by stamp or otherwise the conveyance or other instrument through which the applicant derives his title; but, if any such instrument relates to or includes any property other than the land included in the certificate of title, the Registrar shall, by endorsement thereon, cancel the same in so far only as relates to the land included in the certificate, and that instrument shall for all other purposes remain in full force and effect.
2: All instruments of title relating exclusively to the land shall be retained by the Registrar, and no person shall be entitled to the production thereof except upon the written order of the applicant, or of some person claiming through or under him, or upon the order of the High Court 1915 No 35 s 30 Section 30(2) amended 1 April 1980 section 12 Judicature Amendment Act 1979
31: Reversion on lease not extinguished by bringing land under Act
The reversion expectant upon any lease shall not be deemed to have been extinguished in consequence of the land whereof that lease has been granted having been brought under this Act, and the person appearing upon the register as seised of the land described in the lease shall be held in every court of law and equity to be seised of the reversion expectant upon the lease, and to have all powers, rights, and remedies to which a reversioner is by law entitled, and shall be subject to all covenants and conditions therein expressed to be performed on the part of the lessor. 1915 No 35 s 31
32: Registration of Crown grant under Deeds Registration Act not necessary
It shall not be necessary for the Registrar Deeds Registration Act 1908 1915 No 35 s 32 Section 32 amended 1 June 2002 section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
3: Registration
33: Registrar to keep register
1: Each Registrar shall keep a register, whether in the form of a book or otherwise, and shall bind up or include therein a duplicate of every grant of land and of every certificate of title to land within his district, and each such duplicate grant or certificate of title shall constitute a separate folium of the register, and the Registrar shall record thereon the particulars of all instruments, dealings, and other matters by this Act required to be registered affecting the land included under each such grant or certificate of title.
2: The provisions of this Act or of any other Act or of any regulation, rule, bylaw, order, or other enactment, or of any deed, instrument, or other document whatsoever relating to the register book under this Act Section 33 replaced 29 September 1961 Land Transfer Amendment Act 1961 Section 33(2) amended 30 November 1982 section 2 Land Transfer Amendment Act (No 2) 1982
34: When instruments deemed registered
1: Every grant and certificate of title shall be deemed and taken to be registered under the provisions and for the purposes of this Act so soon as the same have been marked by the Registrar with the folium and volume as embodied in the register.
2: Every memorandum of transfer or other instrument purporting to transfer or in any way to affect land under the provisions of this Act shall be deemed to be so registered so soon as a memorial thereof as hereinafter described has been entered in the register upon the folium constituted by the existing grant or certificate of title of the land. 1915 No 35 s 34(1), (2)
35: Registered proprietor
The person named in any grant, certificate of title, or other instrument so registered as seised of or taking any estate or interest shall be deemed to be the registered proprietor thereof. 1915 No 35 s 34(3)
36: Instruments to be in duplicate
1: Every instrument presented for registration shall (except in the case of a memorandum of transfer) be in duplicate, or, if the person presenting the same so requires, in triplicate, and shall be attested by a witness: provided that, where the instrument affects land in more than 1 district, the Registrar of each district to whom the instrument is presented for registration as to that part of the land that is situated in his district may require the presentation for filing in his office of either an additional executed copy of the instrument or a copy of the instrument certified as a true copy by the Registrar in whose district an executed copy has already been filed.
2: In the case of an instrument registered in triplicate one part shall be marked Triplicate section 40
3: The Registrar may waive the requirement that instruments be presented for registration in duplicate in respect of—
a: any instrument:
b: any class of instrument:
c: any instrument of a particular class that is presented at a particular office of the Registrar.
4: The requirement that instruments be presented for registration in duplicate or triplicate does not apply to any instrument registered under the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 1915 No 35 s 35(1), (2) Section 36(3) inserted 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 36(4) inserted 1 June 2002 section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
37: Priority according to time of registration
1: Every instrument shall be registered in the order of time in which the same is presented for that purpose.
2: Instruments registered with respect to or affecting the same estate or interest shall, notwithstanding any express, implied, or constructive notice, be entitled in priority the one over the other according to the date of registration, and not according to the date of each instrument itself. 1915 No 35 s 35(3), (4)
38: Registration procedure
1: On registration of any instrument the Registrar shall file the same or one part thereof (if in duplicate or triplicate) in his office and deliver the other or others (if any) to the person presenting the same for registration.
2: So soon as registered every instrument , other than a memorandum within the meaning of section 155A(1) or as may be prescribed by regulations made under this Act
3:
4: Where there is any conflict between the part of any instrument filed in the office of the Registrar and any part delivered under subsection (1) to the person presenting the instrument for registration, the first-mentioned part shall prevail. 1915 No 35 s 35(5)–(7) Section 38(2) amended 6 November 1986 Land Transfer Amendment Act 1986 Section 38(2) amended 6 November 1986 Land Transfer Amendment Act 1986 Section 38(3) repealed 2 October 1958 section 2(1)﻿(a) Land Transfer Amendment Act 1958
39: Contents of memorial
1: Every memorial entered in the register shall state the nature of the instrument to which it relates, the day and hour of the production of the instrument for registration, and , if appropriate, name of the person taking the benefit under the instrument or otherwise authenticated in a manner and by an officer of the Land Registry Office approved by the Registrar
2: The fact that any memorial is authenticated by any officer other than the Registrar shall be conclusive evidence of his authority to do so and of the approval of the Registrar to the manner in which the memorial is authenticated by that officer. 1915 No 35 s 36 Section 39(1) amended 1 June 2002 section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 39(1) amended 7 October 1966 section 3(1) Land Transfer Amendment Act 1966 Section 39(1) amended 23 October 1963 section 24(1) Land Transfer Amendment Act 1963 Section 39(2) inserted 7 October 1966 section 3(2) Land Transfer Amendment Act 1966
40: Memorial to be recorded on duplicate grant or other instrument
1: Whenever a memorial of any instrument has been entered in the register, the Registrar shall (except in the case of a transfer or other dealing endorsed upon a memorandum of lease or mortgage, as hereinafter provided) record the like memorial on the duplicate grant, certificate of title, lease, or other instrument evidencing title to the estate or interest intended to be dealt with or in any way affected, unless the Registrar, as hereinafter provided, dispenses with the production of the same.
2: The Registrar shall endorse on every instrument so registered a certificate of the date and hour on which the said memorial was entered in the register (being the day and hour of the production of the instrument for registration as specified in the memorial entered in the register pursuant to section 39
3: Every such certificate shall be received in all courts as conclusive evidence that the instrument has been duly registered. 1915 No 35 s 37 Section 40(2) amended 7 October 1966 section 3(3) Land Transfer Amendment Act 1966
41: Instruments not effectual until entry in register
1: No instrument shall be effectual to pass any estate or interest in any land under the provisions of this Act, or to render any such land liable as security for the payment of money, but, upon the registration of any instrument under this Act or the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
2: If 2 or more instruments executed by the same proprietor, and purporting to transfer or encumber the same estate or interest in any land, are at the same time presented to the Registrar for registration and endorsement, he shall register and endorse that instrument under which the person claims property, who presents to him the grant or certificate of title of the land for that purpose.
3: Subsection (2) does not apply to any electronic instruments intended to be registered against any electronic transactions land.
4: If the instrument does not contain an operative provision that gives effect to the object of the instrument, then on registration—
a: the estate or interest specified in the instrument passes to the person identified as the party taking the estate or interest; or
b: in the case of a mortgage, the land specified becomes liable as security; or
c: in the case of a surrender, discharge, or variation of an instrument, the interest is extinguished or varied accordingly.
5: The provisions of subsection (4) are subject to—
a: the covenants, conditions, and contingencies specified or otherwise incorporated or implied in the instrument; and
b: in the case of a discharge of a mortgage, the provisions of section 111
6: In the absence of any provision to the contrary in the instrument, a reference in the instrument to the unique identifier of a computer register must be taken to be a reference to the entire estate or interest for which the computer register was created. 1915 No 35 s 38 Section 41(1) amended 1 June 2002 section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 41(1) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 41(3) inserted 1 June 2002 section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 41(4) inserted 1 June 2002 section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 41(5) inserted 1 June 2002 section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 41(6) inserted 17 May 2005 section 4 Land Transfer Amendment Act 2005
42: Informal instruments not to be registered
No Registrar shall register any instrument purporting to transfer or otherwise to deal with or affect any estate or interest in land under the provisions of this Act, except in the manner herein provided, or as provided in any other Act authorising the registration of the instrument under this Act, nor unless the instrument is in accordance with the provisions of this Act or of that other Act, as the case may be 1915 No 35 s 39 Section 42 amended 7 October 1966 section 4 Land Transfer Amendment Act 1966
43: Where instrument lodged not in order for registration
1: Subject to any regulations under this Act, where any instrument lodged for registration with the Registrar is found not to be in order for registration, he may—
a: return the instrument and all other instruments lodged in connection therewith, or such of them as he thinks fit, to the person by whom they were lodged or, where that person is not available, to such other person as may, in the opinion of the Registrar, be entitled to receive them; or
b: retain the instrument in his office pending rectification of any matter required by the Registrar to be rectified.
1A: Where the Registrar makes a finding under subsection (1), but has already returned the instrument lodged for registration (other than pursuant to subsection (1)﻿(a)), the Registrar must give a notice to the person by whom the instrument was lodged specifying that—
a: the return of the instrument is to be regarded as having been made under subsection (1)﻿(a); or
b: the instrument is to be regarded as having been retained pursuant to subsection (1)﻿(b),— and the instrument must be treated as so returned or retained for the purposes of this section.
2: If any requisition made by the Registrar in respect of any instrument retained for rectification as aforesaid is not complied with within such time as the Registrar may specify in that behalf in a notice forwarded
a: may refuse to complete or proceed with the registration of the instrument or to do any act or make any entry in relation thereto; and
b: may thereupon return the instrument and all other instruments lodged in connection therewith, or such of those instruments as he thinks fit, to the person by whom they were lodged or, where that person is not available, to such other person as may, in the opinion of the Registrar, be entitled to receive them.
3: If any instrument is returned as provided in subsection (1)﻿(a), the Registrar may determine that either—
a: any fees paid to the Registrar in respect of the instrument are forfeited; or
b: any fees paid to the Registrar are forfeited unless any matter required to be rectified to enable the instrument to be registered is so rectified and the instrument is again lodged with the Registrar within a period specified by the Registrar.
4: Where any instrument is returned as provided in paragraph (b) of subsection (2), any fees paid to the Registrar in respect of that instrument shall be forfeited.
5:
6: Where any instrument is returned pursuant to this section, it shall be deemed not to have been presented for registration.
7: Section 43 replaced 7 October 1966 section 5 Land Transfer Amendment Act 1966 Section 43(1A) inserted 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 43(2) amended 26 August 2002 section 65(2) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 43(3) replaced 1 June 2002 section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 43(5) repealed 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 43(7) repealed 1 February 1999 Land Transfer (Automation) Amendment Act 1998
44: Registrar may dispense with duplicate instruments
1: The Registrar where he or she has
2: Where production has been dispensed with as aforesaid, then, upon the registration of the transfer or other dealing, the Registrar shall notify in the memorial in the register book of his district that no entry of that memorial has been made on the duplicate grant or other instrument, and every such transfer or other dealing shall thereupon be as valid and effectual as if the memorial had been so entered: provided that before registering any such transfer or other dealing the Registrar shall give at least the prescribed period of Gazette locality 1915 No 35 s 40 Section 44(1) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 44(2) proviso amended 26 August 2002 section 65(2) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 44(2) proviso amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998
45: Certified copies of register to be evidence
The Registrar 1915 No 35 s 41 Section 45 amended 10 December 1991 section 2(2)﻿(a) Land Transfer Amendment Act 1991
45A: Registrar may issue search copies
The Registrar may Land Act 1948 Section 45A inserted 6 November 1986 Land Transfer Amendment Act 1986 Section 45A amended 10 December 1991 section 2(2)﻿(a) Land Transfer Amendment Act 1991
46: Register to be open for search
Any person may 1915 No 35 s 42 Section 46 amended 10 December 1991 section 2(2)﻿(a) Land Transfer Amendment Act 1991
47: Presentation of instruments for registration
1: A person claiming under an instrument, or anyone acting on his or her behalf, may present the instrument at a designated land registry
a: by hand at the public counter; or
b: by depositing the instrument in a secure facility provided for that purpose; or
c: by posting it to that office.
2: For the purpose of subsection (1), designated land registry registry
3: Subject to subsections (4), (5), and (6), an instrument presented for registration under this section has priority as provided for in section 37
4: An instrument presented in the manner provided for in subsection (1)﻿(b) or (c) is deemed to have been presented for registration on the business day after the day on which it is received by the Registrar and before any other matter presented on the day of registration in relation to the same land.
5: Any caveat of any kind or notice of claim under the Property (Relationships) Act 1976
6: Except where subsection (5) applies, if 2 or more instruments are received in the manner provided for in subsection (1)﻿(b) or (c), they have priority as between themselves,—
a: if section 41(2)
b: if section 41(2) Section 47 replaced 1 June 2002 section 41 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 47(1) amended 17 May 2005 section 5 Land Transfer Amendment Act 2005 Section 47(2) amended 17 May 2005 section 5 Land Transfer Amendment Act 2005
48: Where boundaries of district altered, copies of original registers to be evidence
Section 48 repealed 1 February 1999 Land Transfer (Automation) Amendment Act 1998 District agents Heading repealed 26 August 2002 section 64(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
49: Registration through district agents
Section 49 repealed 26 August 2002 section 64(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Provisional registration
50: Until register duly constituted, land to be provisionally registered
Until a folium of the register has been duly constituted for any land under this Act, all dealings, memorials, and entries affecting that land shall be provisionally registered as hereinafter provided, that is to say,—
a: for the purposes of provisional registration, and for the recording of all dealings and entries, a certificate under the hand of the Director-General of Lands
b: every such certificate or order shall be issued in duplicate, and it shall be the duty of the person issuing the same to forward 1 duplicate to the Registrar of the district in which the land is situate:
c: the Registrar shall embody all such duplicates in a book or other means of filing provisional register 1915 No 35 s 46 1920 No 43 s 30 1925 No 20 s 6 1947 No 59 s 4 Section 50(a) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 50(c) amended 7 October 1966 section 7 Land Transfer Amendment Act 1966
51: When register duly constituted, provisional register to be closed
1: So soon as the register of any land is finally constituted, the Registrar shall close the provisional register as to that land, and shall transfer to the register the record of all memorials and entries affecting that land so far as may be necessary to preserve existing interests.
2: The Registrar shall also record the same on the duplicate grant, and all such memorials and entries and the dealings to which they relate shall thereafter take effect as if the same had been originally entered in the register.
3: Every dealing the memorial or entry whereof has been either originally entered on or has been transferred to the register in manner aforesaid shall be deemed to be finally registered. 1915 No 35 s 47
52: Entries in provisional register to be evidence of title
So long as land remains on the provisional register, no certificate of title other than a certificate in lieu of grant shall be issued in respect thereof, but every entry on the provisional register, if purporting to be duly made and signed, shall be received in all courts of law and equity as evidence of the particulars therein set forth, and shall, as against the person named in the original certificate or order of court and all persons claiming through, under, or in trust for him, be conclusive evidence that the person named in that entry is seised or possessed of the estate or interest of which he is expressed to be the registered proprietor. 1915 No 35 s 48 1925 No 20 s 6
53: Special provisions as to Canterbury educational reserves
1: Every receipt issued by the Director-General of Lands Canterbury Educational Reserves Sale and Leasing Act 1876 Director-General
2: The Registrar shall include the receipt in the provisional register book of his district, as if the receipt was a certificate under the hand of the Director-General of Lands
3: Nothing in this Act shall be taken to preclude the registration in due form of any instrument requisite for giving effect to the provisions of any such Act as aforesaid and for vesting the land contracted to be sold as aforesaid in the purchaser named in the receipt; but, until the issue of a certificate of title for the land, no other dealings whatever with the land shall be registered save and except such as are hereinbefore authorised to be entered on the provisional register.
4: Upon the registration of a Crown grant for the said land, or of a certificate of title issued pursuant to a warrant in lieu of grant or pursuant to a certificate of the Director-General of Lands 1880 No 8 s 10 1915 No 35 Appendix 2 1920 No 43 s 30 1951 No 60 s 8 Section 53(1) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 53(1) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 53(2) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 53(4) amended 1 April 1987 section 65(1) Conservation Act 1987
54: Application of Act to provisional registration
Subject to any special provisions herein contained, all provisions of this Act shall, so far as the circumstances of the case will admit, apply to land on the provisional register, and to the registration of instruments and other matters affecting the same, save that the estate or interest of a proprietor of any estate or interest on the provisional register shall be indefeasible only against the person named in the original certificate or order, and all persons claiming through, under, or in trust for him. 1915 No 35 s 49 1925 No 20 s 6
55: No dealings to be registered until payment of fees
Section 55 repealed 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Lost instruments
56: High Court In case of the loss or destruction before registration thereof of any instrument executed by a registered proprietor for the purpose of creating, transferring, or otherwise dealing with any estate or interest in land under this Act, or any mortgage or encumbrance affecting land under this Act, the person claiming to be entitled to be registered as proprietor of any estate or interest by virtue of the lost instrument may make application to the High Court 1915 No 35 s 51 Section 56 heading amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 56 amended 1 April 1980 section 12 Judicature Amendment Act 1979
57: Court may order claimant to be registered as proprietor
1: Upon proof to the satisfaction of the court of the fact of such loss or destruction as aforesaid, and that such instrument as aforesaid has not been wilfully destroyed by or with the connivance of the applicant, and that the applicant is entitled to be registered as aforesaid, and that due notice of the application has been given to the registered proprietor of the land, estate, or interest intended to be affected, and to all other necessary parties, the court may make an order defining and declaring the estate or interest of the applicant under the instrument, and requiring the Registrar to register him as proprietor thereof, and the Registrar shall obey the order.
2: Every such registration shall have the same effect as from the date thereof as if the original instrument had been duly registered; and that instrument shall for the purposes of this Act be deemed and taken to have been in the terms or to the effect set forth in the order.
3: The court shall, in hearing and deciding upon any case under this section and the last preceding section, be guided by the real justice of the case, and shall direct itself by such evidence as may seem to it most suitable to the circumstances of the case. 1915 No 35 ss 52, 53 Outstanding interests
58: Interests outstanding to be notified in register
Leases, mortgages, encumbrances, or other estates or interests affecting the estate of the proprietor at the time of bringing land under this Act (hereinafter called outstanding interests 1915 No 35 s 54
59: Interests registered under Deeds Registration Act to be recognised
1: Estates and interests existing by virtue of instruments registered under the Deeds Registration Act 1908
2: No such estates or interests shall be so recognised if created prior to the antevesting date in the grant, or subsequent to 31 August 1874. 1915 No 35 s 55 1947 No 59 Part 1
60: Claims for loss through neglect of claimant to register
No person claiming any estate or interest by virtue of any deed or instrument which might have been registered against the land under any Act for the time being in force for the registration of deeds within New Zealand shall have any claim or action against the Crown by reason of deprivation of that estate or interest consequent on bringing the land under this Act, unless that deed or instrument has been so registered, or unless the Registrar has been served personally with notice in writing of the claim, or has had actual personal knowledge thereof, and has omitted to recognise the same. 1915 No 35 s 56 1930 No 6 s 53 1931 No 5 s 25 Registered proprietors
61: Persons jointly registered to be joint tenants
Subject to any Act of the Parliament of New Zealand 1915 No 35 s 57 1947 No 59 Part 1 Section 61 amended 1 January 1987 section 29(2) Constitution Act 1986
62: Estate of registered proprietor paramount
Notwithstanding the existence in any other person of any estate or interest, whether derived by grant from the Crown or otherwise, which but for this Act might be held to be paramount or to have priority but subject to the provisions of Part 1
a: except the estate or interest of a proprietor claiming the same land under a prior certificate of title or under a prior grant registered under the provisions of this Act; and
b: except so far as regards the omission or misdescription of any right of way or other easement created in or existing upon any land; and
c: except so far as regards any portion of land that may be erroneously included in the grant, certificate of title, lease, or other instrument evidencing the title of the registered proprietor by wrong description of parcels or of boundaries. 1915 No 35 s 58 Section 62 amended 23 October 1963 section 22(a) Land Transfer Amendment Act 1963
63: Registered proprietor protected against ejectment
1: No action for possession, or other action for the recovery of any land, shall lie or be sustained against the registered proprietor under the provisions of this Act for the estate or interest in respect of which he is so registered, except in any of the following cases, that is to say:
a: the case of a mortgagee as against a mortgagor in default:
b: the case of a lessor as against a lessee in default:
c: the case of a person deprived of any land by fraud, as against the person registered as proprietor of that land through fraud, or as against a person deriving otherwise than as a transferee bona fide for value from or through a person so registered through fraud:
d: the case of a person deprived of or claiming any land included in any grant or certificate of title of other land by misdescription of that other land, or of its boundaries, as against the registered proprietor of the other land, not being a transferee or deriving from or through a transferee thereof bona fide for value:
e: the case of a registered proprietor claiming under the instrument of title prior in date of registration, under the provisions of this Act, in any case in which 2 or more grants or 2 or more certificates of title, or a grant and a certificate of title, may be registered under the provisions of this Act in respect to the same land.
2: In any case other than as aforesaid, the production of the register or of a certified copy thereof shall be held in every court of law or equity to be an absolute bar and estoppel to any such action against the registered proprietor or lessee of the land the subject of the action, any rule of law or equity to the contrary notwithstanding. 1915 No 35 s 59
64: Title guaranteed to registered proprietor
Subject to the provisions of Part 1 1915 No 35 s 60 Section 64 amended 23 October 1963 section 22(b) Land Transfer Amendment Act 1963
4: Certificate of title
65: Registered proprietor entitled to certificate of title
1: Every registered proprietor of an estate of freehold in possession in land under this Act shall be entitled to a certificate of title for the same in form 2
2: No certificate of title shall issue for any undefined interest. 1915 No 35 s 61
66: Certificates of title in respect of leasehold interests
1: In the case of any lease, including a lease forming a folium of the register book in the office of the Registrar, the Registrar may, if in his opinion the number or nature of the entries thereon or in the register book renders it expedient so to do, issue to the registered proprietor a certificate of title for his leasehold interest.
2: The certificate of title shall refer to the lessor's certificate of title, if any, and to the lease, and shall state the date of commencement and the length of term, or the date of expiry of the term, created by the lease, and shall in all other respects be, with the necessary modifications, in form 2
3: On the determination of the lease, otherwise than by effluxion of time, the certificate of title shall be cancelled by the Registrar by endorsement on the folium of the register book, and on the expiry of the term of the lease the certificate of title shall be deemed to be so cancelled.
4: The Registrar shall enter a memorial of the issue of the certificate of title upon the lease and upon the outstanding duplicate thereof, and also upon the folium of the register book of the lessor's certificate of title (if any), and thereafter all dealings with or transmissions of the lease shall be registered on the certificate of title, and not on the folium of the register book of the lessor's certificate of title nor on the folium constituted by the lease nor on the outstanding duplicate of the lease.
5: All the provisions of this Act with respect to certificates of title shall, with the necessary modifications, apply to a certificate of title issued under this section in respect of a leasehold interest.
6: 1925 No 20 s 3 Section 66(6) repealed 10 December 1991 section 2(2)﻿(e) Land Transfer Amendment Act 1991
67: Existing encumbrances to be noted in certificate
The Registrar shall note upon every certificate, in such manner as to preserve their priority, the memorials of all unsatisfied mortgages, leases, and other estates and interests, outstanding or otherwise, to which the land is subject at the time of issuing the certificate; and, in case of a certificate issued to a minor or person under other legal disability, the Registrar shall, in the certificate, state the particulars of that disability so far as he has notice or knowledge thereof. 1915 No 35 s 62
68: Certificate, how to be dated
1: Every certificate issued pursuant to any dealing under this Act shall bear even date with the registration of that dealing, unless the dealing has been originally entered on the provisional register, in which case the certificate shall bear even date with the registration of the Crown grant, or with the date of receipt by the Registrar of the Governor-General's warrant for issue of a certificate in lieu of grant, or a certificate having the effect of a warrant under section 12
2: A certificate of title issued in the name of a registered proprietor in lieu of a cancelled certificate may be expressed to take effect as from the date of the certificate originally issued to that proprietor in respect of the same estate or interest. 1915 No 35 s 63 1951 No 6 s 8
69: How memorial of easement to be recorded
Whenever any easement or incorporeal right, other than an annuity or rentcharge in or over any land under this Act, is created for the purpose of being annexed to, or used and enjoyed together with, other land under this Act, the Registrar shall enter a memorial of the instrument creating that easement or incorporeal right upon the grant or certificate of title of the other land, and that memorial shall, as from the date of entry thereof, have the effect of including the easement or incorporeal right in the grant or certificate of title as appurtenant to the land therein described. 1915 No 35 s 64
70: Removal of easements and
profits à prendre
1: If any easement or profit à prendre
2: For the purposes of subsection (1), an easement may be regarded as redundant if—
a: the dominant tenement or any part of it has become separated from the servient tenement as a result of a subdivision or otherwise; and
b: the easement no longer benefits the dominant land.
3: A person who wishes the Registrar to make an entry to the effect that an easement is redundant must apply to the Registrar, and give the Registrar a statutory declaration or declarations to the effect that specific circumstances exist that meet—
a: the criteria set out in subsection (2); or
b: any other criteria specified by the Registrar for determining that easements are redundant.
4: The Registrar may make an entry that an easement is determined, extinguished, or redundant if he or she—
a: has given notice of his or her intention to do so to all persons appearing to him or her to be entitled to any interest under the easement; and
b: has given the prescribed period of public notice of his or her intention to do so; and
c: no objections have been received.
5: The estate or interest of the registered proprietor of the easement or profit à prendre
6: The requirement to give notice under subsection (4) does not apply if the determination or extinguishment was by effluxion of time or merger. Section 70 replaced 12 June 2003 section 42 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
71: Removal of fencing covenants from title
On the application of any person having any registered estate or interest in any land that is subject to a registered covenant or agreement relating to fencing, the Registrar, if he is satisfied that there is no person who is or may become entitled to the benefit of the covenant or agreement, or that all the persons who are or may become so entitled have consented to the cancellation of the covenant or agreement, shall make an entry in the register and on any relevant instrument of title noting that the covenant or agreement is cancelled, and thereupon the covenant or agreement shall cease to have any effect. 1939 No 7 s 10
72: Tenants in common entitled to separate certificates
When 2 or more persons are entitled as tenants in common to undivided shares in any land, each such person shall be entitled to receive a separate certificate for his undivided share: provided that tenants in common shall not be bound to take separate certificates unless and until they require to make separate dealings with their respective interests and the Registrar, in his discretion, requires them to take separate certificates for those interests. 1915 No 35 s 65 1950 No 24 s 4
73: Issue of certificate may be withheld in certain cases
The Registrar shall not be bound to issue a certificate of title upon any application in respect of which notice is hereby required to be given by advertisement until after the expiration of the prescribed period 1915 No 35 s 66 Section 73 amended 26 August 2002 section 65(2) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
74: Certificate issued in name of deceased person not void
If any certificate, whether on the first bringing of land under this Act or otherwise, is issued in the name of a person who has previously died, the certificate shall not be void, but the land comprised therein shall devolve in like manner as if the certificate had been issued immediately prior to the death. 1915 No 35 s 67
75: Certificate to be evidence of proprietorship
1: Every certificate of title duly authenticated under the hand and seal of the Registrar shall be received in all courts of law and equity as evidence of the particulars therein set forth or endorsed thereon, and of their being entered in the register, and shall, unless the contrary is proved by production of the register or a certified copy thereof, be conclusive evidence that the person named in that certificate of title, or in any entry thereon, as seised of or as taking estate or interest in the land therein described is seised or possessed of that land for the estate or interest therein specified as from the date of the certificate or as from the date from which the same is expressed to take effect, and that the property comprised in the certificate has been duly brought under this Act.
2: Nothing in this section applies to electronic transactions land. 1915 No 35 s 68 Section 75(2) inserted 1 June 2002 section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
76: Instruments executed by person not actually registered
1: No instrument purporting to deal with any land, estate, or interest under this Act shall be or be deemed to have been invalid or ineffectual by reason only that the instrument may purport to have been executed at a time when the person executing the instrument was not actually registered as the proprietor of that land, estate, or interest.
2: Subsection (3) of section 17 1915 No 35 s 69
77: No right to public road or reserve where unauthorised registration
No right to any public road or reserve shall be acquired, or be deemed to have been acquired, by the unauthorised inclusion thereof in any certificate of title or by the registration of any instrument purporting to deal therewith otherwise than as authorised by law. 1915 No 35 s 70
78: Certificate not to be impeached
No certificate of title or computer register as defined in the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 1915 No 35 s 71 Section 78 amended 1 June 2002 section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 78 amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998
79: Certificate void in certain cases
Any certificate of title issued upon the first bringing of land under this Act, whether upon application or by force of any statute or of the order of any court, and every certificate of title issued in respect of the same land, or any part thereof, to any person claiming or deriving title under or through the first registered proprietor shall be void as against the title of any person adversely in actual occupation of and rightfully entitled to that land, or any part thereof, at the time when the land was so brought under this Act, and continuing in such occupation as aforesaid at the time of any subsequent certificate of title being issued in respect of the said land; but subject to the provisions of Part 1 1915 No 35 s 72 Section 79 amended 23 October 1963 section 22(c) Land Transfer Amendment Act 1963
80: Errors in register may be corrected
1: The Registrar may, upon such evidence as appears to him sufficient, subject to any regulations under this Act, correct errors and supply omissions in certificates of title or in the register, or in any entry therein, and may call in any outstanding instrument of title for that purpose.
2: The Registrar may cancel or correct any computer register and, if appropriate, create a new computer register in order to correct any error or supply any omission in any computer register. 1915 No 35 s 73 Section 80(2) inserted 1 June 2002 section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
81: Surrender of instrument obtained through fraud, etc
1: Where it appears to the satisfaction of the Registrar that any certificate of title or other instrument has been issued in error, or contains any misdescription of land or of boundaries, or that any entry or endorsement has been made in error, or that any grant, certificate, instrument, entry, or endorsement has been fraudulently or wrongfully obtained, or is fraudulently or wrongfully retained, he may require the person to whom that grant, certificate, or instrument has been so issued, or by whom it is retained, to deliver up the same for the purpose of being cancelled or corrected, as the case may require.
2: If the Registrar is satisfied as to any matter referred to in this section and there is a computer register involved, the Registrar may cancel or correct any computer register and, if appropriate, create a new computer register.
3: The Registrar must not take action under subsection (2) without first giving notice to any person appearing to be affected and giving a reasonable period for any response. 1915 No 35 s 74 Section 81(2) inserted 1 June 2002 section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 81(3) inserted 1 June 2002 section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
82: Person failing to surrender instrument may be summoned to court
1: In case any such person refuses or neglects to comply with that request, or cannot be found, the Registrar may apply to the High Court
2: If that person when served with notice of the application neglects or refuses to attend before the court at the time therein appointed, the court may issue a warrant authorising and directing the person so notified to be apprehended and brought before the court for examination. 1915 No 35 s 75 Section 82(1) amended 1 April 1980 section 12 Judicature Amendment Act 1979
83: Person refusing to surrender instrument may be committed to prison
Upon the appearance before the court of any person notified or brought up by virtue of a warrant as aforesaid, the court may examine that person upon oath; and may order him to deliver up the grant, certificate of title, or other instrument as aforesaid; and upon his refusal or neglect to comply with the order, may commit him to any convenient prison. 1915 No 35 s 76
84: Issue of new certificate of title, etc
In any such case, or in case the said person has absconded so that notice of the application cannot be served upon him, the Registrar shall, if the circumstances of the case require it, issue to the proprietor of the land such certificate of title or other instrument as is herein provided to be issued in the case of any grant or certificate of title being lost, mislaid, or destroyed, and shall enter in the register notice of the issuing of that certificate of title or other instrument, and the circumstances under which it was issued, and such other particulars as he deems necessary. 1915 No 35 s 77
85: Court may order former certificate of title to be cancelled
Upon the recovery of any land, estate, or interest by any proceeding in any court from the person registered as proprietor thereof, the court may, in any case in which such a proceeding is not expressly barred, direct the Registrar to cancel any certificate of title or other instrument, or any entry or memorial in the register relating to the land, and to substitute such certificate of title or entry as the circumstances of the case require, and the Registrar shall give effect to the order accordingly. 1915 No 35 s 78
86: Single certificate in place of several or several in place of 1
1: Upon the application or with the consent
2: Upon issuing any such certificate the Registrar shall cancel the grant or previous certificate, and shall note thereupon a reference to the certificate of title issued in lieu thereof. 1915 No 35 s 79 Section 86 heading replaced 30 September 1959 Land Transfer Amendment Act 1959 Section 86(1) replaced 30 September 1959 Land Transfer Amendment Act 1959 Section 86(1) amended 7 October 1966 section 8 Land Transfer Amendment Act 1966
87: Issue of provisional certificate in case of loss of original
1: In the event of any grant or certificate of title being lost, mislaid, or destroyed, the registered proprietor, together with other persons (if any) having knowledge of the circumstances, may make a statutory declaration stating the facts of the case, the names and descriptions of the registered owners, and the particulars of all mortgages, encumbrances, or other matters affecting the land and the title thereto, to the best of the declarant's knowledge and belief.
2: The Registrar, if satisfied as to the truth of the declaration, may issue a provisional certificate of title, which provisional certificate shall contain an exact copy of the original grant or certificate and of every memorandum and endorsement thereon, and shall also contain a statement of the circumstances under which the provisional certificate is issued.
3: The Registrar shall at the same time enter in the register notice of the issuing of the provisional certificate and the date thereof, and the circumstances under which it was issued.
4: The Registrar before issuing a provisional certificate shall give at least the prescribed period of Gazette
5: Every such provisional certificate shall be available for all purposes and uses for which the grant or certificate of title so lost or mislaid would have been available, and as valid to all intents as the lost grant or certificate.
6: Instead of issuing a provisional certificate of title as herein provided, the Registrar, after giving notice similar to that provided for in subsection (4), may cancel the certificate of title by an endorsement on the existing folium of the register book, and may issue in lieu thereof a new certificate of title for the land. 1915 No 35 s 80 Section 87(4) amended 26 August 2002 section 65(2) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
88: Provision in case of lost lease or mortgage
1: The provisions of the last preceding section shall, as far as they are applicable and with the necessary modifications, apply to any lease or licence, or memorandum of lease, or memorandum of mortgage of which the outstanding duplicate has been lost, mislaid, or destroyed.
2: The same provisions shall, as far as they are applicable and with the necessary modifications, apply to any lease or licence, or memorandum of lease, or memorandum of mortgage of which the outstanding duplicate has become defaced or dilapidated and is surrendered to the Registrar for cancellation, but in that case the statutory declaration referred to in subsection (1) and the notices referred to in subsection (4) of the said last preceding section shall not be necessary. 1915 No 35 s 100 1925 No 20 s 6
89: Issue of certificate of title on sale for non-payment of rates
Where a transfer has, under section 83 1915 No 35 s 81 Section 89 amended 1 July 2003 section 137(1) Local Government (Rating) Act 2002
4A: Title to access strips
Part 4A inserted 7 October 1966 section 2 Land Transfer Amendment Act 1966
89A: Application by adjoining owners for title to access strip
1: Where on the subdivision of any land any separate part thereof (in this Part referred to as an access strip section 89E section 89E
2: For the purposes of this Part, where before the making of an application under subsection (1)
3: Nothing in subsection (1) shall apply, unless—
a: none of the proprietors of the fee simple estate in the access strip can be found after such inquiries as the Registrar considers reasonable have been made; or
b: every proprietor of an estate in fee simple in the access strip who can be found consents to the granting of the application.
4: In subsection (3) the term proprietor
a: where the access strip is subject to this Act, the registered proprietor; and includes any person entitled to be registered as proprietor through or under the registered proprietor:
b: where the access strip is not subject to this Act, the person in whom the fee simple is vested pursuant to an instrument registered under the Deeds Registration Act 1908
5: Nothing in subsection (1) shall apply where the access strip is acknowledged or accepted or declared to be a road or street or service lane or an access way in accordance with law by any local or controlling authority having jurisdiction over roads, streets, service lanes, or access ways in the district within which the access strip is situated. Section 89A inserted 7 October 1966 section 2 Land Transfer Amendment Act 1966
89B: Where proprietor of any contiguous allotment not a party to application
Notwithstanding anything in section 89A provided that if any such registered proprietor cannot be found after such inquiries as the Registrar considers reasonable have been made, the consent of that registered proprietor shall not be necessary; but no rights, express or implied, over the access strip or any part thereof in favour of his allotment shall be prejudiced by the granting of the application. Section 89B inserted 7 October 1966 section 2 Land Transfer Amendment Act 1966
89C: How application dealt with
1: Every application made under section 89A
2: In addition to those provisions, the Registrar shall cause notice in writing of the application to be given to the local or controlling authority which, if the access strip were a road or street or service lane or an access way, would have jurisdiction in respect thereof, and the notice shall appoint a time, being not less than the prescribed period of notice form M form M section 144 Section 89C inserted 7 October 1966 section 2 Land Transfer Amendment Act 1966 Section 89C(2) amended 26 August 2002 section 65(2) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
89D: Issue of title to access strip
1: Notwithstanding anything in any other Act, where the Registrar is satisfied, in respect of any application lodged under this Part, that—
a: the provisions of this Part have been duly complied with; and
b: all notices required to be given have been given; and
c: all times required to expire have expired; and
d: every caveat lodged has lapsed as provided in this Act or been withdrawn; and
e: no sufficient reason to the contrary otherwise appears,— the Registrar shall issue to the applicant, or, as the case may be, to the applicants as tenants in common in the appropriate shares (subject to the provisions of section 89E form 2
2: Without limiting the provisions of paragraph (e) of subsection (1), the Registrar may, in his discretion, refuse the application if the access strip is not being used solely for the purpose of providing access to a road or street from the allotments of the subdivision in respect of which the application is made. Section 89D inserted 7 October 1966 section 2 Land Transfer Amendment Act 1966
89E: Conditions applying when certificate of title issued for access strip
Where the Registrar issues a certificate of title for any access strip under section 89D
a: no registered proprietor of the fee simple estate in the access strip may dispose of or create any charge over any allotment of the subdivision that is contiguous to the access strip to or in favour of any person, unless he simultaneously in like manner and to or in favour of the same person disposes of or creates a charge over his share in the access strip, or, as the case may be, in so much thereof as is attributable under subsection (1) of section 89A Joint Family Homes Act 1964
b: the Registrar shall make an entry upon the certificate of title so issued for the access strip, and on the register copy of the certificate of title for the fee simple estate in every allotment of the subdivision that is contiguous thereto and the registered proprietor of which is the registered proprietor or one of the registered proprietors named in the certificate of title so issued as aforesaid, to the effect that the contiguous land is subject to the provisions of paragraph (a):
c: where any other certificate of title under this Act is in existence for the fee simple estate in the access strip, the Registrar shall cancel that other certificate of title so far as it relates to the access strip, and the memorial of cancellation shall state that the cancellation is made under the authority of this section:
d: any fee simple estate in the access strip previously held by any person other than the persons named in the certificate of title so issued as being seised of that estate in fee simple shall cease and determine:
e: where any allotment of the subdivision to which any share in the access strip is attributable under subsection (1) of section 89A
f: where any allotment of the subdivision contiguous to the access strip is at the time of the issue of the certificate of title subject to a registered mortgage, and the mortgagor thereunder is registered as the proprietor or one of the proprietors of an estate in fee simple in the access strip by virtue of his ownership of that allotment, any power expressed or implied in the mortgage whereby the mortgagee may sell the allotment or any part thereof on default being made under the provisions of the mortgage shall be deemed to extend to and include power to sell so much of the mortgagor's estate or interest in the access strip as is attributable to his ownership of the allotment (or, as the case may be, a proportionate part thereof where the power of sale relates to part only of the allotment), as if that estate or interest were included in the mortgage as part of the security; and the Registrar shall make an entry on the register copy of the mortgage, and also on the mortgagee's copy when it is produced to him, to the effect that this paragraph applies to the mortgage:
g: where any allotment to which paragraph (f) applies is, after the issue of the certificate of title, settled as a joint family home under the Joint Family Homes Act 1964 (as defined in that Act)
h: for the purposes of paragraph (f), the term mortgage mortgagor mortgagee
i: notwithstanding anything in section 172 paragraph (d)
i: has been deprived of that estate by fraud on the part of any applicant or applicants under any application under this Part or by the error, omission, or misfeasance of the Registrar or any of his officers or clerks in dealing with any application; and
ii: is by this Act barred from bringing an action for possession or other action for recovery of the land or the said estate therein. Section 89E inserted 7 October 1966 section 2 Land Transfer Amendment Act 1966 Section 89E(g) amended 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013
5: Transfers
90: Transfers and creation of easements, etc, by registered proprietor
1: A transfer instrument may be used for the purpose of registering under this Act—
a: the transfer of any land or estate or interest in land; or
b: the creation or surrender profit à prendre
2: A transfer instrument must include the following information:
a: the estate or interest to be transferred , created, or surrendered
b: the person who is to take the interest.
3: A transfer instrument must be executed by—
a: the registered proprietor of the estate or interest; and
b: if an easement or profit à prendre or surrendered,
c: if an easement is reserved, the transferee. Section 90 replaced 26 August 2002 section 43 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 90(1)﻿(b) amended 17 May 2005 section 6(1) Land Transfer Amendment Act 2005 Section 90(2)﻿(a) amended 17 May 2005 section 6(2) Land Transfer Amendment Act 2005 Section 90(3)﻿(b) amended 17 May 2005 section 6(3) Land Transfer Amendment Act 2005
90A: Creation and surrender of easements by easement instrument
1: This section does not limit other provisions by which easements may be created or surrendered.
2: An easement that could be created or surrendered by a transfer under section 90
3: An easement instrument must include the following information:
a: in the case of an easement not in gross, the dominant and servient tenements, which must include a reference to the register in the prescribed manner; and
b: in the case of an easement in gross, the servient tenement, which must include a reference to the register in the prescribed manner, and the person to whom the easement is to be granted; and
c: the nature and extent of any easement to be created; and
d: the rights and powers that will apply to any easement to be created; and
e: any easement to be surrendered, which must include a reference to the register in the prescribed manner.
4: An easement instrument must be executed by,—
a: in the case of an easement not in gross, the registered proprietors of the dominant and servient tenements; and
b: in the case of an easement in gross, the registered proprietor of the servient tenement and the grantee.
5: Easements are created or surrendered under this section when the easement instrument specifying them is registered.
6: Section 69 section 21 Section 90A replaced 26 August 2002 section 43 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
90B: Creation and surrender of easements on deposit of plan
1: The provisions of this section do not limit other provisions by which easements may be created or surrendered.
2: An easement that could be created or surrendered by transfer under section 90
3: An easement may be created under this section by specifying—
a: the dominant or servient tenement or both (as the case requires), which must include a reference to the register in the prescribed manner; and
b: the nature and extent of the easement; and
c: the rights and powers that will apply to the easement created under this section by referring without modification to applicable rights and powers—
i: prescribed in regulations made under this Act; or
ii: contained in a memorandum registered under section 155A
4: The matters set out in subsection (3) may be specified either—
a: in a deposit document specified by the Registrar under section 167A
b: on a plan in a form specified in rules made under the Cadastral Survey Act 2002
5: The consent of the following persons is required for the creation or surrender of easements under this section:
a: in the case of an easement not in gross, the registered proprietors of the dominant and servient tenements; and
b: in the case of an easement in gross, the registered proprietor of the servient tenement and the grantee.
6: Easements are created or surrendered under this section,—
a: if specified in a deposit document, when the plan to which that document relates is deposited under section 167
b: if specified on a plan, when that plan is deposited under section 167
7: Section 69 sections 21 30 Section 90B replaced 26 August 2002 section 43 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
90C: Variation of easements
1: An easement variation instrument may be registered to effect any of the following changes to any term, covenant, or condition of any easement created or registered under this Act:
a: varying it:
b: negativing it:
c: adding to it.
2: An easement variation instrument must specify the easement to be varied by reference to the register in the prescribed manner.
3: An easement instrument must be executed by,—
a: in the case of an easement not in gross, the registered proprietors of the dominant and servient tenements; and
b: in the case of an easement in gross, the registered proprietor of the servient tenement and the grantee. Section 90C replaced 26 August 2002 section 43 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
90D: Rights and powers implied in certain easements
1: Regulations made under this Act may specify, for the purposes of this section,—
a: different classes of easements; and
b: the rights and powers that are to be implied in them.
2: Subject to subsection (3), when an easement of a class specified in the regulations is registered, the grantee must be regarded as having the implied rights and powers (as specified for that class of instrument by the regulations).
3: An instrument creating an easement may alter the rights and powers implied under subsection (1)
a: varying any implied rights and powers:
b: negativing any implied rights and powers:
c: providing additional rights and powers:
d: substituting rights and powers for any implied rights and powers.
4: Subsection (3) does not apply to easements created under section 90B
5: The rights and powers that apply by virtue of this section become binding on the grantor and the grantee on the registration of the easement.
6: The provisions of this section are in addition to, and not in derogation of, the provisions of sections 26(4) 27(3) 28(3) Section 90D replaced 26 August 2002 section 43 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
90E: General provisions relating to easements
1: Despite any rule of law or equity to the contrary, an easement may be created under any of sections 90 90A 90B section 90C
2: When easements are created under any of sections 90 90A 90B
a: the registered proprietor of the servient tenement is the grantor:
b: the registered proprietor of the dominant tenement is the grantee:
c: in the case of Crown land, the registered proprietor is Her Majesty the Queen:
d: if the land is land of the Crown for which there is no certificate of title or computer register, the Registrar must constitute a separate folium of the register or computer register for the easement or easements.
3: Consent is needed as follows:
a: the creation of an easement under any of sections 90 90A 90B section 90C
b: the variation of an easement under section 90C
c: the surrender of an easement under any of sections 90 90A 90B
4: If a mortgagee gives a consent under subsection (3), the mortgagee and all persons who subsequently derive any interest from the mortgagee are bound by the easement or profit à prendre
5: Sections 90 , 90A 90B 90C 90D
a: easement profit à prendre
b: rights and powers Section 90E replaced 26 August 2002 section 43 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 90E(1) amended 17 May 2005 section 7(1) Land Transfer Amendment Act 2005 Section 90E(2) amended 17 May 2005 section 7(2) Land Transfer Amendment Act 2005 Section 90E(3)﻿(a) amended 17 May 2005 section 7(3)﻿(a) Land Transfer Amendment Act 2005 Section 90E(3)﻿(c) amended 17 May 2005 section 7(3)﻿(b) Land Transfer Amendment Act 2005 Section 90E(5) amended 17 May 2005 section 7(4) Land Transfer Amendment Act 2005
90F: Creating and noting land covenants
1: Any covenant that may be contained in an instrument to which section 307
a: may also be created in the same way as an easement may be created under section 90A section 90B
b: subject to section 307 inter partes
2: Sections 90A to 90E
a: sections 90A(5) 90B(6) inter partes
b: sections 90A(6) 90B(7)
3: Sections 4 8(1) and (2)﻿(c) 23(2) 275 to 279 301 to 307 316 to 318
4: A notification under section 307
5: Subsection (4) is for the avoidance of doubt. Section 90F replaced 26 August 2002 section 43 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 90F(1) replaced 17 May 2005 section 8 Land Transfer Amendment Act 2005 Section 90F(1) amended 1 January 2008 section 364(1) Property Law Act 2007 Section 90F(1)﻿(b) amended 1 January 2008 section 364(1) Property Law Act 2007 Section 90F(3) amended 1 January 2008 section 364(1) Property Law Act 2007 Section 90F(4) amended 1 January 2008 section 364(1) Property Law Act 2007
91: New certificate to transferee unnecessary if whole of land transferred
If any memorandum of transfer purports to transfer the whole of the land described in a grant or certificate of title for all the estate and interest therein of any registered proprietor, it shall not be necessary for the Registrar to cancel that grant or certificate; but the memorial of the transfer endorsed on the grant or certificate shall be as good evidence that the transferee named in that memorial is seised of all the estate and interest in the said land of the person whose interest is expressed to be transferred, subject as in the grant or certificate mentioned or thereon endorsed, as if a certificate of title had been issued for the same in the name of the transferee. 1915 No 35 s 83
92: Certificate to be cancelled on transfer of portion of land only
If the transfer purports to transfer an estate of freehold in possession, not being a lease for a life or lives, in part of the land described in any grant or certificate, the transferor shall surrender that grant or certificate to the Registrar, and the endorsement thereon by the Registrar of a memorial of the transfer shall have the effect of cancelling the grant or certificate so far as relates to the land transferred. 1915 No 35 s 84
93: New certificates to be issued for portion transferred and for balance
The Registrar, upon cancelling any grant or certificate by endorsement as aforesaid, shall issue to the transferee a certificate of title to the land transferred, and shall retain the partially cancelled grant or certificate, and when required by any person entitled thereto shall issue to that person a certificate of title for the untransferred balance of the land, or for any portion thereof. 1915 No 35 s 85
94: Certificate for balance not transferred may remain valid
1: When any certificate of title is partially cancelled by endorsement thereon of a memorial of transfer of a portion of the land, the Registrar may, at his discretion, allow the person entitled to the untransferred balance of the land to retain the certificate, and the same shall, as to the untransferred balance, remain in full force and effect; provided that the memorial shall clearly define what portion of the land has been transferred.
2: In the case of a transfer of a road line to Her Majesty, the Registrar may mark the road line upon the plan on the certificate, or upon a new plan upon the certificate, and endorse a description of the road line upon the said certificate; and in any such case it shall not be necessary to issue a certificate for the road line, but the old certificate, or a new one, may be reissued 1915 No 35 s 86 Section 94(2) amended 10 December 1991 section 2(2)﻿(b) Land Transfer Amendment Act 1991
95: Estates for life, or in reversion, or remainder
1: The registered proprietor of land under this Act may create or execute any powers of appointment, or limit any estates, whether by remainder or in reversion or by way of executory limitation, and whether contingent or otherwise, and for that purpose may modify or alter any form of transfer hereby prescribed.
2: In case of the limitation of successive interests as aforesaid the Registrar shall cancel the grant or certificate evidencing the title of the transferor, and shall issue a certificate in the name of the person entitled to the freehold estate in possession for such estate as he is entitled to, and the persons successively entitled in reversion or remainder or by way of executory limitation shall be entitled to be registered by virtue of the limitations in their favour in that instrument expressed, and each such person upon his estate becoming vested in possession shall be entitled to a certificate of title for the same. 1915 No 35 s 87 1950 No 24 s 5
96: Implied covenant in transfer of equity of redemption
Section 96 repealed 1 January 2008 section 364(1) Property Law Act 2007
97: Transfer of lease or mortgage
1: A registered mortgage or lease may be transferred by memorandum of transfer as aforesaid.
2: Upon registration of any such memorandum of transfer the estate or interest of the transferor as set forth in the instrument, with all rights, powers, and privileges thereto belonging or appertaining, shall pass to the transferee.
3: The transferee shall thereupon become subject to and liable for all and every the same requirements and liabilities to which he would have been subject and liable if named in the instrument originally as mortgagee or lessee of the land, estate, or interest; and by virtue of every such transfer as is hereinbefore mentioned the right to sue upon any memorandum of mortgage or other instrument, and to recover any debt, sum of money, annuity, or damages thereunder (notwithstanding that the same may be deemed or held to constitute a chose in action), and all interest in any such debt, sum of money, annuity, or damages shall be transferred so as to vest the same at law as well as in equity in the transferee thereof: provided that nothing in this section shall prevent a court of competent jurisdiction from giving effect to any trusts affecting the said debt, sum of money, annuity, or damages in case the transferee holds the same as a trustee for any other person. 1915 No 35 ss 89, 90 1925 No 20 s 6
98: Implied covenants in transfer of lease
Section 98 repealed 1 January 2008 section 364(1) Property Law Act 2007
99: Memorandum of vesting order to be entered on register
Whenever any order is made by any court of competent jurisdiction vesting any estate or interest under this Act in any person, the Registrar, upon being served with a duplicate of the order, shall enter a memorandum thereof in the register and on the outstanding instrument of title, and until such an entry is made the said order shall have no effect in vesting or transferring the said estate or interest. 1915 No 35 s 92
99A: Vesting by statute
Where by any enactment any estate or interest under this Act is vested in any person, then, subject to the provisions of that enactment, the Registrar, on application made to him by that person and on the registration or deposit of such documents and plans as the Registrar may require, shall make such entries in the register and generally do all such things as may be necessary to give full effect to the provisions of the enactment: provided that where the enactment specifies the estate or interest vested by a description sufficient to identify it in the records of the Registrar, no such application shall be necessary. Section 99A inserted 7 October 1966 section 11 Land Transfer Amendment Act 1966 Instruments for adoption by other enactments Heading inserted 17 May 2002 section 44 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
99B: Forms for instruments available for adoption by other enactments
1: Regulations made under this Act may prescribe instruments under this Act that are available for adoption (with or without modification) by any other enactment that provides for the registration or noting of any thing under this Act.
2: Neither this section nor any regulations made for the purposes of it affect the operation of any enactment that—
a: provides for the registration or noting of any thing under this Act; but
b: does not expressly adopt a form specified in regulations referred to in subsection (1). Section 99B inserted 17 May 2002 section 44 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
6: Mortgages
100: Mortgage to take effect as security only
A mortgage under this Act shall have effect as security, but shall not operate as a transfer of the estate or interest charged. 1915 No 35 s 102
101: Forms of mortgage
1: A mortgage instrument or an encumbrance instrument is required for the purposes of charging any land or estate or interest under this Act or making any such land or estate or interest security for payment of any money.
2: A mortgage instrument must contain the following information:
a: the land or estate or interest to be mortgaged, which must include a reference to the register in the prescribed manner; and
b: the person who is to take the mortgage; and
c: the nature of the debt secured by the mortgage; and
d: the covenants and conditions (if any); and
e: the stated priority limit under section 92
3: A mortgage instrument must be executed by the registered proprietor.
4: An encumbrance instrument must contain the following information:
a: the land or estate or interest to be encumbered, which must include a reference to the register in the prescribed manner; and
b: the person for whose benefit the land or estate or interest is to be encumbered; and
c: the nature of the sum, annuity, or rentcharge secured; and
d: the events (if any) on which the sum, annuity, or rentcharge becomes or ceases to be payable; and
e: the covenants and conditions (if any).
5: An encumbrance instrument must be executed by the encumbrancer.
6: In this section, debt Section 101 replaced 26 August 2002 section 45 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 101(2)﻿(e) replaced 1 January 2008 section 364(1) Property Law Act 2007
102: Variation of mortgage terms
1: A mortgage variation instrument is required for the purpose of varying, in respect of any mortgage registered under this Act,—
a: the amount secured by the mortgage; or
b: the rate of interest; or
c: the term or currency of the mortgage; or
d: the covenants, conditions, and powers contained or implied in the mortgage.
2: A mortgage variation instrument must contain the following information:
a: the mortgage, which must include a reference to the register in the prescribed manner; and
b: the nature of the variation.
3: A mortgage variation instrument must be executed by—
a: the mortgagor, except where the variation only operates to reduce the amount secured or rate of interest; and
b: the mortgagee, except where the variation only operates to increase the amount secured or rate of interest.
4: If the land is subject to another mortgage, the consent of the mortgagee under that mortgage must be obtained. Section 102 replaced 26 August 2002 section 45 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 102(1)﻿(d) replaced 17 May 2005 section 9 Land Transfer Amendment Act 2005
103: Variation of priority of mortgages
1: Despite anything in section 37 section 47
2: A mortgage priority instrument must contain the following information:
a: each mortgage that will be affected by the change in priority, which must include a reference to the register in the prescribed manner; and
b: the priority of the mortgages intended following registration.
3: If any mortgage so postponed is subject to a submortgage, the mortgage priority instrument is not effective unless the submortgagee has consented.
4: Upon the registration of the mortgage priority instrument, there is implied in every mortgage so postponed the covenants, conditions, and powers set out in Schedule 3
5: Upon the registration of a mortgage priority instrument, the Registrar must notify it on the register.
6: A mortgage priority instrument must be executed by—
a: the mortgagor; and
b: 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.
7: For the purposes of this section, mortgage Section 103 replaced 26 August 2002 section 45 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Sale of mortgaged land
104: Application of purchase money
Section 104 repealed 1 January 2008 section 364(1) Property Law Act 2007
105: Transfer by mortgagee
Upon the registration of any transfer executed by a mortgagee for the purpose of exercising a power of sale over any land 1915 No 35 s 109 1939 No 7 s 7 Section 105 amended 1 January 2008 section 364(1) Property Law Act 2007 Rights and remedies of mortgagees
106: Mortgagee may, after default, enter into possession
Section 106 repealed 1 January 2008 section 364(1) Property Law Act 2007
107: Mortgagee may distrain on tenant to the amount of his rent
Section 107 repealed 1 January 2008 section 364(1) Property Law Act 2007
108: Mortgagee to have remedies of a lessor for recovery of premises
Section 108 repealed 1 January 2008 section 364(1) Property Law Act 2007
109: Mortgagee to have custody of instrument of title
1: The mortgagee, or first mortgagee for the time being, of any estate or interest under this Act shall be entitled to the possession of the outstanding grant, certificate, or other instrument of title; or the same may by agreement be deposited with the Registrar for safe custody during the continuance of the security.
2: This section does not apply if the land to which the estate or interest applies is electronic transactions land. 1915 No 35 s 121 Section 109(2) inserted 1 June 2002 section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Liability of mortgagee in possession of leasehold Heading repealed 1 January 2008 section 364(1) Property Law Act 2007
110: Mortgagee of leasehold after entry liable for rent
Section 110 repealed 1 January 2008 section 364(1) Property Law Act 2007 Discharge of mortgage
111: Discharge of mortgage
1: A mortgage discharge instrument is required for the purpose of registering a discharge of any mortgage under this Act.
2: A mortgage discharge instrument must contain the following information:
a: the land to be discharged from the mortgage, which must include a reference to the register in the prescribed manner; and
b: the mortgage to be discharged, which must include a reference to the register in the prescribed manner; and
c: the part of the principal sum, annuity, or other sum to be discharged if it is not to be fully discharged.
3: A mortgage discharge instrument must be executed by the mortgagee.
4: Upon the registration of a discharge instrument,—
a: the Registrar must record the discharge in the register and on the certificate of title for the land (if any); and
b: the land identified in the discharge instrument ceases to be subject to or liable for the debt or annuity secured by the mortgage. Section 111 replaced 26 August 2002 section 46 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
112: Discharge of mortgage where remedies thereunder are statute barred
1: The High Court may make an order directing a registered mortgage to be discharged if, on an application for the purpose made to it by the registered proprietor of an estate or interest in land subject to the mortgage, it is satisfied—
a: that the granting of relief in respect of a claim by the mortgagee for payment of the money secured by the mortgage would be prevented by the raising and establishment of a limitation period or other limitation defence under the Limitation Act 2010
b: that, but for section 64
1A: Subsection (1) overrides section 64
1B: On production of a copy of the order, the Registrar must enter a memorandum of it in the register.
1C: The registered mortgage must be treated as having been discharged when the memorandum of the order is entered in the register under subsection (1B).
2: Before making any order under this section the court may direct such notice to be given by public advertisement or otherwise as it thinks fit, and may direct any person to be served with notice of the proceedings.
3: By the same or another order the court may order any person in possession of an instrument of title to the mortgaged property to deliver the title to the registered proprietor on payment of such charges as the court may, in its discretion, fix in the order. 1936 No 58 s 43 Section 112(1) replaced 1 January 2011 section 58 Limitation Act 2010 Section 112(1A) inserted 1 January 2011 section 58 Limitation Act 2010 Section 112(1B) inserted 1 January 2011 section 58 Limitation Act 2010 Section 112(1C) inserted 1 January 2011 section 58 Limitation Act 2010 Discharge of annuity
113: On death of annuitant, discharge of annuity may be entered
Upon proof of the death of the annuitant, or of the occurrence of the event or circumstance upon which, in accordance with the provisions of any instrument executed for the purpose of securing an annuity or continuing payment, that annuity or payment shall cease to be payable; and, upon proof that all arrears thereof have been paid, satisfied, or discharged, the Registrar shall make an entry in the register of the satisfaction or discharge, and shall endorse the same on the outstanding duplicate of title, if produced to him for that purpose, and shall, if the same is surrendered to him, cancel the instrument creating the encumbrance. 1915 No 35 s 122 Submortgages
114: Submortgages
1: A mortgage subject to a submortgage shall not be discharged, nor shall the terms thereof be varied, nor shall the power of sale contained or implied therein be exercised, without the consent in writing of the submortgagee.
2: The consent of the submortgagee to the variation of the terms of a mortgage shall render the instrument making the variation binding on him and on all persons who may subsequently derive from him any interest in the mortgage. 1915 No 35 s 116(4), (5)
7: Leases
115: Form and registration of leases
1: A lease instrument is required for the purposes of registering under this Act the lease or demise of any land
2: A lease instrument must contain the following information:
a: the land or estate or interest to be leased, which must include a reference to the register in the prescribed manner; and
b: the person who is to acquire the interest as lessee; and
c: the term of the lease; and
d: the rent payable; and
e: the terms and conditions that are to apply to the lease.
3: A lease instrument must be executed by—
a: the registered proprietor; and
b: the lessee.
4: If the land or estate or interest to be leased is subject to a mortgage, the consent of the mortgagee must be obtained.
5: Section 115 replaced 26 August 2002 section 47 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 115(1) amended 1 January 2008 section 364(1) Property Law Act 2007 Section 115(5) repealed 1 January 2008 section 364(1) Property Law Act 2007
116: Variation of lease
1: A lease variation instrument is required for the purpose of varying, in respect of any lease registered under this Act,—
a: the term of the lease by way of extension; or
b: the covenants, conditions, and restrictions contained in the lease.
2: A lease variation instrument extending the term of a lease must be registered before the expiry of the then current term of the lease.
3: A lease variation instrument must contain the following information:
a: the lease to be varied, which must include a reference to the register in the prescribed manner; and
b: the nature of the variation.
4: A lease variation instrument extending the term of a lease has the same effect as if it were a lease instrument for the extended term subject to the same covenants, conditions, and restrictions, with any necessary modifications, as are contained or implied in the lease.
5: Upon the registration of the lease variation instrument, the estate of the lessee under the instrument is deemed to be subject to all encumbrances, liens, and interests to which the lease is subject at the time of the registration. For the purposes of this subsection, all references in any Act or in any agreement, deed, instrument, notice, or other document to the lease or to the estate of the lessee under the instrument must, unless inconsistent with the context or with the provisions of this section, be read as references to the lease as varied by the lease variation instrument or to the estate of the lessee under the instrument, as the case may be.
6: A lease variation instrument must be executed by the lessor and lessee.
7: If the land subject to the lease is subject to a mortgage, the consent of the mortgagee must be obtained. Section 116 replaced 26 August 2002 section 47 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
117: Bringing down encumbrances on registration of new lease
1: Where upon the registration of a lease—
a: the Registrar is satisfied that—
i: it is in renewal of or in substitution for a lease previously registered; and
ii: the lessee is the person registered as the proprietor of the prior lease at the time of the registration of the new lease or at the time of the expiry or surrender of the prior lease, whichever is the earlier, or the personal representative of that person; and
b: the lessee or the registered proprietor of any encumbrance or lien or interest to which the prior lease was subject at the time of its expiry or surrender or the personal representative of the registered proprietor so requests,— the Registrar shall state in the memorial of the new lease that it is in renewal of the prior lease or in substitution for the prior lease, as the case may be.
2: In every such case the new lease shall be deemed to be subject to all encumbrances, liens, and interests to which the prior lease is subject at the time of the registration of the new lease or at the time of the expiry or surrender of the prior lease, whichever is the earlier.
3: For the purposes of the foregoing provisions of this section, all references in any Act or in any agreement, deed, instrument, notice, or other document whatsoever to the prior lease or to the estate of the lessee thereunder shall, unless inconsistent with the context or with the provisions of this section, be deemed to be references to the new lease or to the estate of the lessee thereunder, as the case may be.
4: Upon the registration of a new lease in any case to which subsection (1)
5: The provisions of this section are in addition to and not in derogation of the provisions of section 114 Section 117 replaced 23 October 1963 section 25(1) Land Transfer Amendment Act 1963
118: Covenant for right of purchase
A right for or covenant by the lessee to purchase the land may be stipulated in a memorandum of lease; and in case the lessee pays the purchase money, and otherwise observes his covenants expressed and implied in the instrument, the lessor shall be bound to execute a memorandum of transfer, and to perform all other necessary acts for the purpose of transferring to the lessee the said lands and the fee simple thereof. 1915 No 35 s 94
118A: Bringing down encumbrances when lessee acquires fee simple
1: Where the registered lessee under a lease of any land (not being a lease under the Land Act 1948
2: Notwithstanding anything in section 37 subsection (1)
3: Where the Registrar considers it expedient so to do, he may make such entries on his register and on the duplicate certificate of title as he considers necessary to evidence any such priorities.
4: Encumbrances, liens, and interests recorded on the title to the fee simple estate in any land pursuant to subsection (1) shall, when so recorded, no longer have effect to prevent the merger of the leasehold estate in the fee simple estate in respect of that land. Section 118A inserted 25 October 1960 Land Transfer Amendment Act 1960 Section 118A(1) amended 23 October 1963 section 26 Land Transfer Amendment Act 1963
119: Lease not binding on mortgagee without consent
No lease of mortgaged or encumbered land shall be binding upon the mortgagee except so far as the mortgagee has consented thereto. 1915 No 35 s 95
120: Surrender of lease
1: A lease surrender instrument is required for the purpose of surrendering any lease registered under this Act.
2: A lease surrender instrument must state the lease to be surrendered, which statement must include a reference to the register in the prescribed manner.
3: A lease surrender instrument must be executed by the lessor and the lessee.
4: Upon the registration of a lease surrender instrument,—
a: the Registrar must record the surrender in the register and on the certificate of title for the land (if any); and
b: the estate and interest of the lessee vests in the person entitled to the reversion.
5: A lease subject to mortgage or underlease must not be surrendered without the consent of the mortgagee or sublessee. Section 120 replaced 26 August 2002 section 48 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
121: Re-entry by lessor
1: In case of re-entry and recovery of possession of any leasehold premises, either by process of law or by exercise of any power of re-entry in the lease contained or implied, the Registrar shall, upon proof to his satisfaction of the re-entry, and of actual recovery of possession, notify the re-entry upon the register, and upon the outstanding instrument of title, if produced to him for that purpose: provided that, unless the re-entry and recovery of possession have been by formal process of law, the Registrar shall require notice of application to register the same to be served on all persons interested under the lease, or, failing such notice, shall give at least the prescribed period of Gazette locality
2: The estate of the lessee, and of every person claiming through or under him, shall thereupon cease and determine, but without releasing him or them from liability in respect of the breach or non-observance of any covenant or condition in the lease contained or implied. 1915 No 35 s 99 Section 121(1) proviso amended 26 August 2002 section 65(2) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 121(1) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998
7A: Flat and office owning companies
Part 7A inserted 1 July 1994 section 2 Land Transfer Amendment Act 1993
121A: Interpretation
1: In this Part, unless the context otherwise requires,— company section 2(1) constitution section 2(1) flat or office owning company licence to occupy licence
a: grants to that shareholder the right to occupy or use a specified office or residential flat by virtue of the shares of which the shareholder is the registered holder; or
b: is evidence of the right of that shareholder by virtue of the shares of which the shareholder is the registered holder to occupy or use a specified office or residential flat office share certificate share register section 2(1)
2:
3: A reference in this section to a right to occupy or use a specified office or residential flat 1964 No 42 s 2 Section 121A inserted 1 July 1994 section 2 Land Transfer Amendment Act 1993 Section 121A(1) company replaced 5 December 2013 section 14 Companies Amendment Act 2013 Section 121A(1) constitution replaced 5 December 2013 section 14 Companies Amendment Act 2013 Section 121A(1) share register replaced 5 December 2013 section 14 Companies Amendment Act 2013 Section 121A(2) repealed 5 December 2013 section 14 Companies Amendment Act 2013
121B: Issue of share certificates
1: Every flat or office owning company must issue to every shareholder in the company a share certificate that complies with the requirements of section 95(1)﻿(a), (b), and (c)
2: Where a company acts in contravention of or fails to comply with subsection (1),—
a: the company commits an offence and is liable on
b: every director of the company commits an offence, and is liable on
i: the company took all reasonable and proper steps to ensure that the requirements of that subsection would be complied with; or
ii: he or she took all reasonable steps to ensure that the company complied with the requirements of that subsection; or
iii: in the circumstances he or she could not reasonably have been expected to take steps to ensure that the company complied with the requirements of that subsection. Section 121B inserted 1 July 1994 section 2 Land Transfer Amendment Act 1993 Section 121B(1) replaced 5 December 2013 section 14 Companies Amendment Act 2013 Section 121B(2)﻿(a) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 121B(2)﻿(b) amended 1 July 2013 section 413 Criminal Procedure Act 2011
121C: Registration of licence to occupy
1: Subject to this Part, a licence may be registered by constituting it a folium of the register and, for that purpose, the provisions of this Act apply with any necessary modifications. The same registration fee is payable as on a memorandum of lease.
2: Subject to this Part or the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
3: Where a licence is presented for registration, and the Registrar is satisfied that, for the purposes of section 36 Part 3 1964 No 42 s 3 Section 121C inserted 1 July 1994 section 2 Land Transfer Amendment Act 1993 Section 121C(2) amended 1 June 2002 section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 121C(2) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998
121D: Registrar may require plan
Without limiting the powers conferred on the Registrar by section 167
a: the flat or office comprised in the licence in relation to the land in the certificate of title and to the building of which the flat or office forms part, and, if the Registrar thinks fit, in relation to other flats or offices; and
b: every garage, outbuilding, other structure, passageway, stairway, or other appurtenance or convenience of the building of which the office or flat forms part in respect of which the licensee has a right of use, and also any land of which the licensee has a right of use and which is appurtenant to that building. 1964 No 42 s 4 Section 121D inserted 1 July 1994 section 2 Land Transfer Amendment Act 1993
121E: Registration of instruments against licence
1: An instrument which could be registered against a registered lease of land may be registered against a licence that is registered under this Act in the same manner as an instrument may be registered against a lease of land.
2: Nothing in subsection (1) makes it necessary to record the instrument against the register constituted by any relative instrument of title in the name of the company or in the name of any person through or under whom the company obtained its instrument of title. 1964 No 42 s 5 Section 121E inserted 1 July 1994 section 2 Land Transfer Amendment Act 1993
121F: Effect of registration of licence
1: Subject to this Part, registration of a licence does not give the licence any greater operation or effect than it would have without registration, but otherwise every registered licence is an interest within the meaning of section 62
2: Every entry made on a registered licence, if purporting to be duly made and signed, shall be received in all courts of law and equity as evidence of the particulars contained in it, and, as against the person named in the original licence and all persons claiming through, under, or in trust for that person, is conclusive evidence that the person named in that entry is seised or possessed of the estate or interest of which the person so named is expressed to be the registered proprietor. 1964 No 42 s 6 Section 121F inserted 1 July 1994 section 2 Land Transfer Amendment Act 1993
121G: Mortgage of licence
1: On the registration of a mortgage of a registered licence, every share certificate issued by the company in respect of the shares to which the licence relates must be produced to the Registrar who must make an entry on it that the licence is subject to the mortgage.
2: On the registration of a discharge of the mortgage, the Registrar must, when the share certificate is produced to the Registrar for that purpose, cancel that entry.
3: The Registrar must notify the company in writing of the registration of a mortgage of a licence which notice must contain particulars of the mortgage and the name, occupation, and address of the mortgagee.
4: The Registrar must notify the company in writing of the registration of a discharge of a mortgage of a licence.
5: On receiving a notice under subsection (3) or subsection (4), the company must—
a: record the particulars of the mortgage or of the discharge, as the case may be, on any office copy of the share certificate and of the licence held by the company; and
b: record in its share register, against the entry relating to the licence, the fact that the licence has been mortgaged, together with the registered number of the mortgage, or, as the case may be, that the mortgage has been discharged.
6: A company that issues a new share certificate to replace a certificate that has been lost or defaced and on which particulars of a mortgage of a licence had been recorded must record those particulars on the new certificate.
7: Where a company acts in contravention of or fails to comply with subsection (5) or subsection (6),—
a: the company commits an offence and is liable on
b: every director of the company commits an offence, and is liable on
i: the director did not know of and could not reasonably have been expected to know of the contravention or failure to comply; or
ii: the director took all reasonable steps to ensure that the applicable requirements would be complied with. 1964 No 42 s 7 Section 121G inserted 1 July 1994 section 2 Land Transfer Amendment Act 1993 Section 121G(7)﻿(a) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 121G(7)﻿(b) amended 1 July 2013 section 413 Criminal Procedure Act 2011
121H: Mortgagee to have custody of licence and share certificate
The mortgagee, or, if there is more than 1 mortgage, the first mortgagee for the time being, of any registered licence is entitled—
a: to possession of the licensee's copy of the licence and of the share certificate issued in respect of the shares to which the licence relates; and
b: in the case of a registered mortgage, to receive notice of any meeting of the company in respect of which the licensee is entitled to notice; and
c: to attend at meetings of the company as proxy of the licensee, and, if present, to vote at those meetings instead of the licensee. 1964 No 42 s 8 Section 121H inserted 1 July 1994 section 2 Land Transfer Amendment Act 1993
121I: Consent of mortgagee required on disposal of licence or shares
1: The licensee under a licence that is subject to a registered mortgage must not sell or otherwise dispose of the licence or the shares to which the licence relates, or any of them, without the consent in writing of the mortgagee of the licence.
2: The consent of the mortgagee to the sale or other disposition of the licence or of any of the shares to which the licence relates, is not required under subsection (1) in any case where—
a: the mortgage provides that no such consent is necessary; or
b: the person acquiring the interest of the licensee continues to hold that interest under the existing licence subject to the mortgage; or
c: the company cancels, revokes, rescinds, or accepts a surrender of the existing licence and issues, in its place, a new licence in the name of the person acquiring the interest of the licensee and that person requests the Registrar, in writing, to record the mortgage against the new licence under section 121L
3: The company and the directors of the company must not register a transfer or other disposition of the shares to which a licence that is subject to a registered mortgage relates or any of them, unless and until—
a: any consent of the mortgagee required by this section has been endorsed on or attached to the instrument of transfer or other disposition; or
b: the request referred to in paragraph (c) of subsection (2) has been deposited with the company for delivery to the Registrar pursuant to paragraph (c) of subsection (2) of section 121K
4: No transfer or other disposition of a licence or of the shares to which the licence relates or any of them and no new licence issued in the place of a licence that has been cancelled, revoked, rescinded, or surrendered have any force or effect unless the applicable requirements of this section are complied with. 1964 No 42 s 9 Section 121I inserted 1 July 1994 section 2 Land Transfer Amendment Act 1993
121J: Restrictions on cancellation, etc, of licence
Except with the consent of the mortgagee or, in any case to which section 121I
a: notice in writing is given by the company to the mortgagee specifying the matters required to be remedied in order to avoid the cancellation, revocation, rescission, acceptance of surrender, forfeiture, or issue of a new licence, and allowing a reasonable time, which must be specified in the notice, for those matters to be remedied; and
b: those matters have not been remedied within the time specified in the notice. 1964 No 42 s 10 Section 121J inserted 1 July 1994 section 2 Land Transfer Amendment Act 1993
121K: Registration of cancellation, etc, of licence
1: Where the company cancels, revokes, rescinds, or accepts the surrender of a registered licence, the company must,—
a: if the company is able to obtain production of the licensee's copy of the licence for the purpose, endorse on it or attach to it a memorandum executed by the company of the cancellation, revocation, rescission, or acceptance of the surrender and forward it to the Registrar, together, in the case of a surrender, with the instrument of surrender duly executed by the company and by the licensee:
b: if the company is unable to obtain production of the licensee's copy of the licence for that purpose, notify the Registrar, by notice in writing executed by the company, of the cancellation, revocation, rescission, or acceptance of the surrender and of the grounds for it, together, in the case of a surrender, with the instrument of surrender duly executed by the company and by the licensee.
2: If the licence is subject to a registered mortgage, the company must also forward to the Registrar together with the licence or notice, as the case may be, forwarded under subsection (1)—
a: a copy of the mortgagee's consent certified as a true copy by the company; or
b: a certificate executed by the company that the notice required by section 121J
c: the request deposited with the company pursuant to paragraph (c) of subsection (2) of section 121I
3: On receipt of the licence or notice forwarded in accordance with paragraph (a) or paragraph (b) of subsection (1) and, where necessary, on compliance by the company with subsection (2), the Registrar must, without fee, register the cancellation or revocation or rescission or surrender of the licence.
4: No cancellation, revocation, rescission, or surrender to which this section applies has any force or effect until it has been registered under subsection (3).
5: Where a company contravenes or fails to comply with subsection (1) or subsection (2),—
a: the company commits an offence and is liable on
b: every director of the company commits an offence, and is liable on
i: the company took all reasonable and proper steps to ensure that the requirements of the relevant subsection would be complied with; or
ii: he or she took all reasonable steps to ensure that the company complied with the requirements of the relevant subsection; or
iii: in the circumstances he or she could not reasonably have been expected to take steps to ensure that the company complied with the requirements of the relevant subsection. 1964 No 42 s 11 Section 121K inserted 1 July 1994 section 2 Land Transfer Amendment Act 1993 Section 121K(5)﻿(a) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 121K(5)﻿(b) amended 1 July 2013 section 413 Criminal Procedure Act 2011
121L: Bringing down of mortgage on new licence
1: Where—
a: a licence is subject to a registered mortgage; and
b: the licensee transfers or otherwise disposes of the shares to which the licence relates; and
c: the company, in consequence of the transfer or disposition, cancels or revokes or rescinds or accepts a surrender of the licence and issues a new licence for the same flat or office to the person acquiring those shares,— the licensee under the new licence may, on applying for registration of the new licence or for the registration of the cancellation, revocation, rescission, or surrender of the former licence, request the Registrar, in writing, to record against the new licence the mortgage registered against the former licence or, if there are more mortgages than 1, such of them as the licensee specifies.
2: On the registration of the new licence, the Registrar must record against it the mortgage or mortgages specified in the request in the order of their registered priority, and in that event—
a: the new licence shall be deemed to be subject to the mortgage or mortgages; and
b: subpart 8
3: References in any mortgage or mortgages recorded against a new licence pursuant to this section to the licence or to the estate or interest of the licensee under it shall be deemed to be references to the new licence or, as the case may be, to the estate or interest of the licensee under it. 1964 No 42 s 12 Section 121L inserted 1 July 1994 section 2 Land Transfer Amendment Act 1993 Section 121L(2)﻿(b) amended 1 January 2008 section 364(1) Property Law Act 2007
121M: Registration of transfer of licence or new licence
1: The Registrar must not register a memorandum of transfer of a registered licence unless the Registrar is satisfied that an instrument disposing of the shares to which the licence relates to the person acquiring the licence under the memorandum of transfer has been registered by the company or its directors.
2: The Registrar must not register a licence issued by a company in the place of any other registered licence, unless that other licence has been cancelled, revoked, rescinded, or surrendered, and the cancellation, revocation, rescission or surrender has been registered under subsection (3) of section 121K Section 121M inserted 1 July 1994 section 2 Land Transfer Amendment Act 1993
121N: Transfer of shares on exercise of power of sale by mortgagee of licence
1: In the event that a registered licence that is subject to a registered mortgage is transferred to the mortgagee or to any other person in the exercise of a power of sale contained or implied in the mortgage, the mortgagee is entitled to execute a transfer to itself or, as the case may be, to that other person of the shares to which the licence relates as if the mortgagee had been appointed the attorney of the licensee for that purpose by an irrevocable power of attorney.
2: Subject to any provision in its constitution requiring the approval of the directors of the company or of the company to the transfer, the company must register a transfer of shares executed pursuant to subsection (1) and in the proper form on presentation of the transfer to it.
3: Notwithstanding anything contained in the constitution of the company, the approval of the directors of the company or of the company to the transfer of the shares must not be unreasonably withheld. 1964 No 42 s 14 Section 121N inserted 1 July 1994 section 2 Land Transfer Amendment Act 1993
121O: Priority of replacement mortgage over land of company
A mortgage that—
a: is registered against land owned by a flat or office owning company and that secures an amount not exceeding the amount secured by a mortgage of the land that has been discharged immediately before the registration of that mortgage, whether or not the amount is secured to the same mortgagee; and
b: contains a statement to the effect that it is in replacement of the discharged mortgage and that the money advanced was used for the purpose of repaying the money previously secured by the discharged mortgage,— has the same priority in relation to registered licences affecting the land or any part of it as the discharged mortgage had immediately before it was discharged. 1964 No 42 s 15 Section 121O inserted 1 July 1994 section 2 Land Transfer Amendment Act 1993
121P: Service of notices
1: A notice that is required by this Part to be delivered or sent to any person, other than a company, may be—
a: delivered by hand to that person; or
b: posted or delivered to that person at the last known address of that person or delivered to a box at a document exchange which that person is then using; or
c: sent by telex, facsimile machine, or other similar means of communication to the number of that person.
2: For the purposes of subsection (1),—
a: a document which is posted or delivered to a document exchange, is deemed to be received 7 days (or such shorter period as the court may determine in any particular case) after it is so posted or delivered; and
b: a document sent by telex, facsimile machine, or other similar means of communication is deemed to be received on the day following the day on which it was sent.
3: In proving, for the purposes of subsection (1), the sending of a document to any person by post or delivery to a document exchange, it is sufficient to prove that—
a: the document was properly addressed to that person; and
b: all postal or delivery charges were paid; and
c: the document was posted or delivered to the document exchange.
4: In proving, for the purposes of subsection (1), the sending of a document to any person by telex, facsimile machine, or other similar means of communication, it is sufficient, in the absence of evidence to the contrary, to prove that—
a: the document was properly addressed to that person; and
b: the document was sent by telex, facsimile machine, or other means of communication.
5: The provisions of sections 388 392 1964 No 42 s 16 Section 121P inserted 1 July 1994 section 2 Land Transfer Amendment Act 1993
8: Transmissions, trusts, caveats, and powers of attorney
Transmissions
122: Person claiming under transmission may apply to have same registered
1: Any person claiming to be entitled to any estate or interest under this Act by virtue of any transmission may make application in writing to the Registrar to have that transmission registered.
2: Every such application shall accurately define the estate or interest claimed by the applicant, and shall state, so far as is within the knowledge of the applicant, the nature of every estate or interest held by any other person at law or in equity affecting the same, and that he verily believes himself to be entitled to the estate or interest in respect of which he applies to be registered as proprietor; and the statements in the application shall be verified by the oath or statutory declaration of the applicant. 1915 No 35 s 123
123: Procedure on application for transmission
1: If on any such application and upon the evidence adduced in support thereof it appears to the Registrar
2: The person so registered as proprietor shall hold the estate or interest transmitted subject to all equities affecting the same, but for the purpose of any dealing therewith shall be deemed to be the absolute proprietor thereof. 1915 No 35 s 124 Section 123(1) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998
124: Caveat may be entered on behalf of beneficiaries under will or settlement
Section 124 repealed 26 August 2002 section 64(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
125: Transmission to mortgagee on bankruptcy of lessee
1: Upon the bankruptcy of the registered proprietor of any lease subject to mortgage under this Act, the Registrar, upon the application in writing of the mortgagee, accompanied by a statement in writing signed by the Official Assignee of the bankrupt's estate, certifying his refusal to accept the lease, shall enter in the register the particulars of the refusal.
2: Every such entry shall operate as a transfer on sale, and the interest of the bankrupt in the lease shall thereupon vest in the mortgagee. 1915 No 35 ss 126, 127
126: Transmission to lessor in default of mortgagee applying
If the mortgagee neglects or declines to make such application as aforesaid, the Registrar, upon application by the lessor, and proof of that neglect or refusal and of the matters aforesaid, shall enter in the register notice of the refusal of the Official Assignee to accept the lease, and any such entry shall operate as a surrender of the lease. 1915 No 35 s 128
127: Particulars of marriage of female proprietor to be registered
Section 127 repealed 1 January 2002 section 57 Human Rights Amendment Act 2001 Trusts
128: No entry of trusts to be made on register except as authorised
1: Except as provided in section 129
2: Trusts affecting land under this Act may be declared by any deed or instrument; and that deed or instrument, or a duplicate or attested copy thereof, may be deposited with the Registrar for safe custody and reference, but shall not be registered. 1915 No 35 s 130 1939 No 7 s 9
129: Trusts of public reserves and other public lands
1: The grantee or other person or body corporate in whom or in which any land under this Act now is or hereafter becomes vested as a public reserve shall hold that land subject to the trusts expressed or declared of and concerning the same in the Crown grant, or warrant in lieu of grant, or a certificate having the effect of a warrant issued under section 12
2: If, after the registration of the Crown grant or the issue of any certificate of title, any trust is legally declared under the authority of any Act of the Parliament of New Zealand Director-General of Conservation
3: The Registrar shall thereupon enter a notification thereof in the register, and the new or altered trust or revocation, as the case may be, shall take effect, as to the land against which the entry is made, as from the date of the entry.
4: Where, by any Act of the Parliament of New Zealand
5: The disclosure of any trust under the provisions aforesaid shall have the effect of a perpetual caveat to restrain any dealing with the lands affected, so far as the dealing is manifestly inconsistent with that trust. 1880 No 8 s 10 1915 No 35 Appendix 1 1951 No 60 s 8 Section 129(2) amended section 65(1) Conservation Act 1987 Section 129(2) amended 1 January 1987 section 29(2) Constitution Act 1986 Section 129(4) amended 1 January 1987 section 29(2) Constitution Act 1986
130: Transferor may apply for entry of
No survivorship Upon the transfer of any land, estate, or interest under this Act to 2 or more persons as joint proprietors, the transferor may insert in the memorandum of transfer or other instrument the words No survivorship 1915 No 35 s 131
131: Trustees registered as joint proprietors may similarly apply
Any persons registered as joint proprietors of any land, estate, or interest under this Act may, by writing under their hands, authorise the Registrar to enter the words No survivorship 1915 No 35 s 132
132: Effect of entry
After any such entry has been made and signed by the Registrar in either case as aforesaid it shall not be lawful for any less number of joint proprietors than the number then registered to transfer or otherwise deal with the land, estate, or interest without obtaining the sanction of the High Court 1915 No 35 s 133 Section 132 amended 1 April 1980 section 12 Judicature Amendment Act 1979
133: Procedure for obtaining order
1: Before making an order giving any such sanction, the court shall, if it seems requisite, cause notice of intention so to do to be advertised in the Gazette locality
2: Thereupon the court in such an order may give directions for the transfer of the land, estate, or interest to any new proprietor or proprietors, solely or jointly, with or in the place of any existing proprietor or proprietors and may order the removal of the words No survivorship
3: Upon deposit of a duplicate of the order with the Registrar he shall make such entries and perform such acts as may be necessary for the purpose of giving effect to the order. 1915 No 35 s 134 Section 133(1) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 133(2) amended 29 September 1961 Land Transfer Amendment Act 1961
134: Registrar may be nominated trustee
Section 134 repealed 26 August 2002 section 64(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
135: Beneficiary may use name of trustee in prosecuting or defending action
1: Whenever a person entitled to or interested in land as a trustee would be entitled to bring or defend any action in his own name for recovering the possession of land under this Act, that person shall be bound to allow his name to be used as a plaintiff or defendant in any such action by any beneficiary or person claiming an estate or interest in the land.
2: In every such case the person entitled or interested as such trustee as aforesaid shall be entitled to be indemnified in like manner as a trustee would before the commencement of the Land Transfer Act 1885 1915 No 35 s 136 Caveats
136: Caveat against bringing land under Act
1: A person who has or claims to have an interest in any land that is the subject of an application seeking to bring the land under this Act may, within the prescribed period set out in a public notice given by the Registrar, lodge with the Registrar a caveat in the prescribed form
2: A caveat under this section must contain the following information:
a: the name of the caveator; and
b: the nature of the land or estate or interest claimed and the ground on which the claim is founded; and
c: the land subject to the claim; and
d: the date the public notice required by subsection (1) was given; and
e: an address for service for the caveator; and
f: any other information or evidence that may be required by regulations made under this Act.
3: Caveats under this section must be executed by the caveator or the caveator's attorney or agent. Section 136 replaced 26 August 2002 section 49 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 136(1) amended 17 May 2005 section 10 Land Transfer Amendment Act 2005
137: Caveat against dealings with land under Act
1: Any person may lodge with the Registrar a caveat in the prescribed form
a: claims to be entitled to, or to be beneficially interested in, the land or estate or interest by virtue of any unregistered agreement or other instrument or transmission, or of any trust expressed or implied, or otherwise; or
b: is transferring the land or estate or interest to any other person to be held in trust.
2: A caveat under this section must contain the following information:
a: the name of the caveator; and
b: the nature of the land or estate or interest claimed by the caveator, which must be stated with sufficient certainty; and
c: how the land or estate or interest claimed is derived from the registered proprietor; and
d: whether or not it is intended to forbid the making of all entries that would be prevented by section 141
e: the land subject to the claim, which must be stated with sufficient certainty; and
f: an address for service for the caveator.
3: Caveats under this section must be executed by the caveator or the caveator's attorney or agent.
4: Caveats under this section must be entered on the register as of the day and hour of their receipt by the Registrar. Section 137 replaced 26 August 2002 section 49 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 137(1) amended 17 May 2005 section 11 Land Transfer Amendment Act 2005
138: Particulars to be stated in caveat
Section 138 repealed 26 August 2002 section 49 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
139: Service of notices as to caveats
Section 139 repealed 26 August 2002 section 49 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
140: Effect of caveat against bringing land under Act
So long as a caveat under section 136 High Court 1915 No 35 s 149 Section 140 amended 17 May 2005 section 12 Land Transfer Amendment Act 2005 Section 140 amended 1 April 1980 section 12 Judicature Amendment Act 1979
141: Effect of caveat against dealings
1: Subject to the succeeding provisions of this section, so long as a caveat under section 137
2: Subsection (1) shall not prevent the Registrar from making any entry necessary to complete the registration of an instrument that has been accepted for registration before the receipt of the caveat.
3: Except in the case of a caveat lodged by the Registrar in exercise of the powers by this Act given to him in that behalf, subsection (1) shall not prevent the Registrar from making any entry necessary to effect the registration of a transfer of any estate or interest in land where—
a: the transfer is expressed to be made in pursuance of either—
i: a power of sale conferred on the transferor by virtue of a registered mortgage of that estate or interest; or
ii: the power conferred on the Registrar of the High Court by section 196 (in either case hereafter in this subsection referred to as the empowering mortgage
b: the caveat was lodged after the registration of the empowering mortgage; and
c: the estate or interest claimed by the caveator arises under an unregistered mortgage or an agreement to mortgage, dated later than the date of registration of the empowering mortgage and relating to the same estate or interest to which the empowering mortgage relates.
d:
4: In any case to which subsection (3) applies, the caveat shall, upon the registration of the transfer, be deemed to have lapsed and the estate or interest of the mortgagor therein expressed to be transferred shall pass to and vest in the purchaser freed and discharged of the estate or interest claimed by the caveator; and the
5: Without limiting subsection (3), a caveat under section 137
a: a transmission to an executor, administrator, or trustee in respect of the estate or interest of a deceased registered proprietor; or
b: a transmission to the Official Assignee on bankruptcy of a registered proprietor; or
c: dealings having the effect of discharging or extinguishing secondary interests if the caveat affects the fee simple (such as a discharge of a mortgage or surrender of a lease); or
d: a change in, or a correction to, the name of a proprietor where the ownership remains the same; or
e: a transfer consequent on a rating sale under the Local Government (Rating) Act 2002
f: dealings with secondary interests if the caveat affects the fee simple (such as the transfer of a mortgage); or
g: appurtenant easements; or
h: an application for an amalgamated certificate of title or separate certificates of title if there is more than 1 registered proprietor for land or for an estate or interest in land; or
i: further caveats, statutory land charges, or charging orders; or
j: a vesting or dealing effected by an enactment or court order that expressly or by implication requires or permits a recording to be made in the register despite the presence of the caveat. Section 141 replaced 4 November 1982 Land Transfer Amendment Act 1982 Section 141(1) amended 17 May 2005 section 13 Land Transfer Amendment Act 2005 Section 141(3)﻿(a) replaced 11 June 1985 Land Transfer Amendment Act 1985 Section 141(3)﻿(a)﻿(ii) amended 1 January 2008 section 364(1) Property Law Act 2007 Section 141(3)﻿(d) repealed 26 August 2002 section 50(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 141(4) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 141(5) inserted 26 August 2002 section 50(2) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 141(5)﻿(e) amended 1 July 2003 section 138(1) Local Government (Rating) Act 2002
142: Notices to be given to persons affected
Upon the receipt of any caveat, the Registrar must give notice,—
a: in the case of a caveat under section 136
b: in the case of a caveat under section 137 Section 142 replaced 26 August 2002 section 51 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
143: Procedure for removal of caveat
1: Any such applicant or registered proprietor, or any other person having any registered estate or interest in the estate or interest protected by the caveat, may, if he thinks fit, apply to the High Court
2: The court, upon proof that notice of the application has been served on the caveator or the person on whose behalf the caveat has been lodged, may make such order in the premises, either ex parte 1915 No 35 s 152 1939 No 7 s 12 Section 143(1) amended 1 April 1980 section 12 Judicature Amendment Act 1979
144: Lapse of caveat against bringing land under Act
After the expiration of 3 months from the receipt thereof every caveat under section 136 High Court 1915 No 35 s 153 Section 144 amended 17 May 2005 section 14 Land Transfer Amendment Act 2005 Section 144 amended 1 April 1980 section 12 Judicature Amendment Act 1979
145: Lapse of caveat against dealings
1: Every caveat under section 137
a: notice is, within the first prescribed period, given to the Registrar that an application for an order to the contrary has been made to the High Court; and
b: such an order is made and served on the Registrar within the second prescribed period.
2: The provisions of subsection (1) do not apply in the case of a caveat lodged by the Registrar in the exercise of any of the powers conferred on the Registrar by this Act.
3: In this section, first prescribed period second prescribed period Section 145 replaced 17 May 2005 section 15 Land Transfer Amendment Act 2005
145A: Early lapse of caveat against dealings
1: The registered proprietor of any estate or interest in the land protected by a caveat against dealings (other than a caveat lodged by the Registrar) may apply to the Registrar for the caveat to lapse.
2: The Registrar must give the caveator notice of an application under subsection (1).
3: The caveat lapses with the close of the prescribed period after the date on which the notice under subsection (2) is given unless—
a: the caveator has earlier given to the Registrar notice that an application for an order to the contrary has been made to the High Court; and
b: an order to that effect has been made and served on the Registrar within the prescribed period after the date on which the notice under paragraph (a) is given to the Registrar. Section 145A inserted 12 June 2003 section 52 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
146: Person entering caveat without due cause liable for damages
1: Any person lodging any caveat without reasonable cause is liable to make to any person who may have sustained damage thereby such compensation as may be just.
2: Such compensation as aforesaid shall be recoverable in an action at law by the person who has sustained damage from the person who lodged the caveat. 1915 No 35 s 155
147: Caveat may be withdrawn
Any caveat 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 affected, or the consent of the caveator may be given for the registration of any particular dealing expressed to be made subject to the rights of the caveator: provided that where a registrable instrument purporting to give effect to the estate or interest of the caveator is presented to the Registrar for registration immediately following a withdrawal of a caveat previously lodged to protect that estate or interest, the authority of any agent executing the withdrawal on behalf of the caveator need not be in writing. 1915 No 35 s 156 Section 147 proviso inserted 20 October 1972 Land Transfer Amendment Act 1972
147A: Electronic registration with caveator's consent subject to rights of caveator
If an electronic instrument is registered with the consent of the caveator, the dealing must be regarded as having been made subject to the rights of the caveator for the purposes of section 147 Section 147A inserted 1 June 2002 section 53 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
148: No second caveat may be entered
1: If a caveat has been removed under section 143
2: For the purposes of verifying that a caveat does not contravene the prohibition in subsection (1) Section 148 replaced 26 August 2002 section 54 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
148A: Registrar not required to verify caveator's entitlement to estate or interest claimed
Except to the extent of ensuring that a caveat lodged under any provision of this Act complies on its face with the requirements of this Act and with the requirements of any regulations made for the purposes of this Act, the Registrar is not required to be satisfied that the caveator is in fact or at law entitled to the estate or interest claimed in the caveat. Section 148A inserted 26 August 2002 section 54 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
148B: Registrar's powers if caveat does not comply with this Act
If a caveat does not comply with the requirements of this Act, the Registrar may deal with it under section 43 Section 148B inserted 26 August 2002 section 54 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Powers of attorney
149: Power of attorney not invalidated by bringing land under Act
The bringing of land under this Act shall not invalidate any power of attorney previously executed, but that land may thereafter be dealt with under the power subject to the provisions hereof. 1915 No 35 s 158
150: Registered proprietor may deal with land by attorney
The registered proprietor of land under this Act, or any person claiming any estate or interest under this Act, may by power of attorney 1915 No 35 s 159 Section 150 amended 26 August 2002 section 65(2) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
151: Power of attorney to be deposited with Registrar
Every power of attorney intended to be used under this Act, or a duplicate or attested copy thereof, verified to the satisfaction of the Registrar, shall be deposited with the Registrar in manner provided by regulations under this Act, but for the purposes of this Act it shall not be necessary to register any power of attorney. 1915 No 35 s 160
152: Revocation of power of attorney
1: The grantor of any revocable power of attorney that has been deposited with the Registrar may, by notice to the Registrar, revoke the power of attorney in whole or in part.
2: No power of attorney shall be deemed to have been revoked by reason only of a subsequent power of attorney being deposited without express notice as aforesaid, nor shall any such revocation take effect as to instruments executed prior to the reception of the notice by the Registrar.
3: No power of attorney shall be deemed to have been or to be revoked by the bankruptcy of the grantee or by the marriage of a female grantee. 1915 No 35 s 161 Section 152(1) replaced 1 June 2002 section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
153: Seal unnecessary
No power of attorney made or used under this Act or any former Land Transfer Act shall be invalidated by reason of the power not having been created under seal. 1915 No 35 s 162
9: General provisions as to instruments
Covenants implied in instruments
154: Covenants for further assurance implied
In every instrument charging, creating, or transferring any estate or interest under this Act there shall be implied the following covenants by the party charging, creating, or transferring that estate or interest to and with each and every person taking any estate or interest under that instrument—
a: that the (implied) covenantor will do all such acts as may be necessary on his part to give effect to all covenants, conditions, and purposes expressly set forth in the instrument or by this Act declared to be implied in instruments of a like nature:
b: that the (implied) covenantor will, at the request and cost of the person taking any estate or interest as aforesaid, execute all such further instruments as may be necessary for further and better assuring and perfecting the title of the last-mentioned person to the estate or interest expressed or intended to be granted, created, or transferred. 1915 No 35 s 164
155: Short forms of covenant
1: In the case of paper instruments, those covenants set out in full in Schedule 4
2: In the case of an electronic instrument, those covenants set out in full in Schedule 4
3: The covenant relating to insurance contained in Schedule 4 Section 155 replaced 1 June 2002 section 55 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
155A: Incorporation of provisions contained in registered or prescribed memorandum
1: In this section the term memorandum
2: For the purposes of this section, any person may execute a memorandum for the purpose of registration, and the Registrar shall number and register any such memorandum that is executed and delivered for registration and is approved by the Registrar
3: Notwithstanding anything in subsection (2), the Registrar may, for the purposes of this section, draw up, number, and register a memorandum.
4: A memorandum shall be deemed to be registered when a memorial of registration is endorsed upon it and signed by the Registrar.
5: On registration of a memorandum under subsection (2) or subsection (3), it shall be deemed for the purposes only of section 46
6: Without limiting anything in subsection (2) or subsection (3), the Governor-General may from time to time, by regulations made under this Act, prescribe in respect of any class of instrument a memorandum for the purposes of this section.
7: Where an instrument is of a class specified in a memorandum registered under subsection (2) or subsection (3), or is of a class in respect of which a memorandum has been prescribed under subsection (6), and contains a provision or reference or referred to
8: Nothing in subsection (7) shall be construed as limiting the effect, if any, of a provision in an instrument that incorporates in the instrument covenants, conditions, or other provisions otherwise than as referred to in that subsection. Section 155A inserted 6 November 1986 Land Transfer Amendment Act 1986 Section 155A(2) amended 26 August 2002 section 65(2) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 155A(7) amended 1 June 2002 section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
156: Action for breach of covenant
In any action for a breach of any implied covenant, the covenant alleged to be broken may be set forth in the statement of claim, and it may be alleged that the party against whom the action is brought did so covenant precisely in the same manner as if the covenant had been expressed in words in the instrument, any law or practice to the contrary notwithstanding. 1915 No 35 s 167 Tax statement required for registration of instrument to transfer some estates in land Heading inserted 1 October 2015 section 5 Land Transfer Amendment Act 2015
156A: Interpretation
1: For the purpose of this section and sections 156B to 156J certifier section 164A chief executive main home
a: that is mainly used as a residence by the person (a home
b: with which the person has the greatest connection, if they have more than 1 home nominee section YB 21(2) offshore person section 3(1) specified estate in land
a: freehold estates, including fee simple and life estates; and
b: leasehold estates; and
c: stratum estates in freehold within the meaning of the Unit Titles Act 2010
d: stratum estates in leasehold within the meaning of the Unit Titles Act 2010
e: licences to occupy (as defined in section 121A(1)
f: any other estate in land declared to be a specified estate in land by regulations made under this Act tax information
a: section 156C(1)﻿(b) to (g) and (if applicable) (2)
b: if applicable, section 156D tax statement
a: sections 156B 156C
b: if applicable, section 156D
2: For the purpose of this section and sections 156B to 156J non-notifiable transfer
a: means,—
i: in relation to a transferee who is a natural person, the transfer of land that is intended to be used predominantly for a dwelling that will be the transferee’s main home:
ii: in relation to a transferor who is a natural person, the transfer of land that has been used predominantly, for most of the time the transferor owned the land, for a dwelling that was the transferor’s main home:
iii: any other transfer specified in regulations made under this Act as a non-notifiable transfer; but
b: does not include—
i: a transfer described in paragraph (a)﻿(i) if the transferee will own the land as a trustee:
ii: a transfer described in paragraph (a)﻿(ii) if the transferor owned the land as a trustee:
iii: a transfer described in paragraph (a)﻿(ii) if the transferor has relied on that paragraph at least 2 times within the 2 years immediately preceding the date of the transfer to claim that transfers were non-notifiable transfers:
iv: any transfer, in relation to a transferee or a transferor who is an offshore person. Section 156A inserted 1 October 2015 section 5 Land Transfer Amendment Act 2015
156B: Transferors and transferees must provide tax statement stating that transfer non-notifiable or providing tax information
1: An instrument to transfer a specified estate in land is not in order for registration unless—
a: each of the transferors and transferees completes a tax statement; and
b: the tax information in that statement is given to the chief executive in accordance with subsection (2) or (3).
2: If the instrument is an electronic instrument,—
a: the transferor or transferee must give the tax statement to the certifier; and
b: the certifier must give the tax information in that statement to the chief executive by lodging the information in an electronic workspace facility approved by the Registrar under section 22
3: If the instrument is a paper instrument, the tax statement must be attached to the instrument when the instrument is lodged for registration in accordance with section 47 Section 156B inserted 1 October 2015 section 5 Land Transfer Amendment Act 2015
156C: Content of tax statement
1: A tax statement completed by or on behalf of a transferor or transferee must—
a: be signed by the transferor or transferee; and
b: be dated on the date on which it was signed; and
c: state the transferor or transferee’s full name; and
d: state whether the transfer is of land that has a home on it; and
e: state whether the transferor or, as the case may be, the transferee, or a member of that person’s immediate family, is a New Zealand citizen or a holder of a resident visa, work visa, or student visa; and
f: in the case of a transferee, if the transferee or a member of the transferee’s immediate family is a holder of a work visa or student visa, state whether the transferee or a member of the transferee’s immediate family intends living on the land; and
g: either—
i: state that the transfer instrument is for a non-notifiable transfer (or, as the case may be, is, in respect of the transferor or transferee making the statement, a non-notifiable transfer) and specify the category of that non-notifiable transfer; or
ii: provide all of the information set out in subsection (2).
2: The information must include all of the following:
a: the transferor or transferee’s IRD number; and
b: whether the transferor or transferee (without taking into account any double tax agreement that would otherwise apply) is, or is not, treated as tax resident in a jurisdiction other than New Zealand as at the date of the statement; and
c: if the transferor or transferee is (without taking into account any double tax agreement that would otherwise apply) treated as tax resident in a jurisdiction other than New Zealand as at the date of the statement,—
i: the name of that jurisdiction; and
ii: the country code for that jurisdiction as prescribed by the Commissioner of Inland Revenue; and
iii: the equivalent of the transferor or transferee’s IRD number in that jurisdiction.
3: However, if a transferor or transferee is—
a: acting in the capacity of the trustee of a trust, the information must relate to the trustee in that capacity; or
b: acting as a nominee or under a power of attorney, the information must relate to the person who made the nomination or granted the power of attorney; or
c: acting in the capacity of a partner in a partnership, the information must relate to the partnership; or
d: a person acting on behalf of an unincorporated body, the information must relate to the unincorporated body.
4: To avoid doubt, a transferor or transferee who does not have an IRD number must request one for the purpose of providing the information required by subsection (2)﻿(a).
5: In this section, IRD number section 3(1)
6: For the purpose of subsection (1)﻿(d), home Section 156C inserted 1 October 2015 section 5 Land Transfer Amendment Act 2015
156D: Omissions and errors
1: An omission or error in any tax information provided in accordance with section 156B(2) or (3)
a: if the tax information in a tax statement was incorrect, the transferor or transferee must complete a corrected tax statement in accordance with section 156C section 156B(2)﻿(a)
b: if the incorrect tax information was given to the chief executive by lodging the information in an electronic workspace facility in accordance with section 156B(2)﻿(b)
c: if the incorrect tax information was given to the chief executive by attaching a tax statement to an instrument in accordance with section 156B(3)
2: An omission or error in any tax information provided in accordance with section 156B(2) or (3) sections 156B and 156C
a: affect the validity of any registration of an instrument to transfer a specified estate in land; or
b: give rise to any liability of, or claim for compensation from, the chief executive, the Registrar-General, or the Crown. Section 156D inserted 1 October 2015 section 5 Land Transfer Amendment Act 2015
156E: Offence to provide false or misleading tax information
1: A person commits an offence if the person gives a tax statement to a certifier or the chief executive in accordance with section 156B(2) or (3) section 156D
2: A person who commits an offence under subsection (1) is liable,—
a: the first time the person is convicted, to a fine not exceeding $25,000; and
b: on every other occasion the person is convicted, to a fine not exceeding $50,000. Section 156E inserted 1 October 2015 section 5 Land Transfer Amendment Act 2015
156F: Chief executive must supply tax information to Commissioner of Inland Revenue
1: The chief executive must supply to the Commissioner of Inland Revenue tax information and details about the transfer or transfers to which the tax information relates that are held by Land Information New Zealand.
2: The chief executive and the Commissioner may, for the purpose of this section, determine by written agreement between them, in relation to the information that must be supplied under subsection (1),—
a: the frequency with which the information must be supplied; and
b: the form in which the information must be supplied; and
c: the method by which the information must be supplied.
3: Subsection (1) applies despite anything in the Domestic Violence Act 1995 Section 156F inserted 1 October 2015 section 5 Land Transfer Amendment Act 2015
156G: Other provisions concerning use of tax information
The chief executive may release the information specified in section 156C(1)﻿(d), (e), (f), and (g), (2)﻿(b), and (c)﻿(i) and (ii)
a: in aggregate form only; and
b: in a manner that prevents any particular person, estate in land, or transaction from being identified. Section 156G inserted 1 October 2015 section 5 Land Transfer Amendment Act 2015
156H: Certifier and chief executive must hold tax statement and provide copies
1: A certifier must—
a: retain each tax statement given to him or her in accordance with section 156B(2) 156D
b: give a copy of that statement to the Commissioner of Inland Revenue as soon as practicable after receiving a request in writing from the Commissioner.
2: The chief executive must—
a: retain each tax statement given to him or her in accordance with section 156B(3) 156D
b: give a copy of that statement to the Commissioner of Inland Revenue as soon as practicable after receiving a request in writing from the Commissioner. Section 156H inserted 1 October 2015 section 5 Land Transfer Amendment Act 2015
156I: Status of tax information
1: The chief executive and certifiers must not use tax information, or disclose tax information to any person, except as set out in sections 156B 156D 156F 156G 156H 156J
2: Tax information does not form part of the register and must not be made accessible to the public. Section 156I inserted 1 October 2015 section 5 Land Transfer Amendment Act 2015
156J: Disclosure of information between authorised persons
1: No obligation as to secrecy or other restrictions imposed by an enactment or otherwise on the disclosure of information prevents—
a: an authorised person from disclosing tax information to another authorised person for the purpose of sections 156B 156D 156F 156G 156H
b: an authorised person from disclosing to another authorised person any information for the purpose of verifying tax information; or
c: an authorised person from disclosing to another authorised person any information for the purpose of administering the Inland Revenue Acts, to the extent that the administration of those Acts concerns tax information; or
d: an authorised person from disclosing to another authorised person any information for the purpose of detecting, investigating, or prosecuting a potential offence under section 156E
2: In this section,— authorised person
a: the Commissioner of Inland Revenue or an Inland Revenue officer who is authorised by the Commissioner to disclose and receive information under this section; or
b: the chief executive, or an employee of the department who is authorised by the chief executive to disclose and receive information under this section Inland Revenue Acts section 3(1) Section 156J inserted 1 October 2015 section 5 Land Transfer Amendment Act 2015 Execution of instruments
157: Paper instruments to be executed
1: Every paper instrument for the purpose of creating, transferring, or charging any estate or interest under this Act must be executed by the registered proprietor and any party to it specified in regulations made under this Act.
2: The regulations may prescribe the manner in which instruments to which subsection (1) applies must be executed, witnessed, or attested.
3: Every instrument executed in accordance with this section has the same effect as a deed executed by the parties signing it.
4: This section is subject to the provisions of section 3 Section 157 replaced 26 August 2002 section 56 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
158: When instruments deemed to be attested
Section 158 repealed 26 August 2002 section 56 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
159: Questions to attesting witness, and certificate thereon
Section 159 repealed 26 August 2002 section 56 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
160: Acknowledgment by party to instrument, and certificate thereon
Section 160 repealed 26 August 2002 section 56 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
161: Execution of documents by corporation
Section 161 repealed 26 August 2002 section 56 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
162: Unincorporated building societies
Section 162 repealed 26 August 2002 section 56 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
163: Instruments as evidence
Every paper instrument executed and registered under this Act is presumed to have been sufficiently executed in the absence of evidence to the contrary, and is sufficient evidence in any court of the matters to which it relates. Section 163 replaced 1 June 2002 section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
164: Correctness of instrument to be certified
1: No Registrar shall receive any application for bringing land under this Act, or any instrument purporting to deal with or affect any estate or interest under the provisions hereof, unless there is endorsed thereon a certificate that the same is correct for the purposes of this Act, signed by the applicant or party claiming under or in respect of the instrument, or by a practitioner provided that where any instrument has not been certified as correct under the foregoing provisions of this subsection any other person who is a party to the instrument or claims any interest thereunder or in respect thereof or his legal personal representative may apply to the High Court
2: A corporation may authorise any person to certify on its behalf.
3: Every person who falsely or negligently certifies to the correctness of any such application or other instrument commits an offence, and is liable on District Court Judge $100 1915 No 35 s 175 Section 164(1) amended 1 August 2008 section 343 Lawyers and Conveyancers Act 2006 Section 164(1) proviso amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 164(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 164(3) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979
164A: Certification
1: Every instrument to which this subsection applies must contain a certification that complies with subsection (3).
2: Subsection (1) applies to—
a: electronic instruments; and
b: paper instruments of a class specified for the purpose by regulations made under this Act.
3: Certifications must specify that—
a: the person giving the certification has authority to act for the party specified in regulations in relation to that class of instrument and that party has legal capacity to give such authority; and
b: the person giving the certification has taken reasonable steps to confirm the identity of the person who gave the authority to act; and
c: the instrument complies with any statutory requirements specified by the Registrar for that class of instrument; and
d: the person giving the certification has evidence showing the truth of the certifications in paragraphs (a) to (c) and that the evidence will be retained for the period prescribed for the purpose by regulations made under this Act.
4: Regulations made under this Act may prescribe the form of certifications under this section. Section 164A inserted 1 June 2002 section 57 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
164B: Who may give certification
1: A certification under section 164A practitioner
2: The Registrar may revoke a person's right to give a certification under section 164A
a: has given a fraudulent certification; or
b: has given a certification that is materially incorrect; or
c: has failed to comply with any requirement under section 156B(2)﻿(b) 156D(1)﻿(b) 156H 164C
3: The Registrar must give notice as soon as possible to any person whose ability to give certifications is removed under subsection (2).
4: The Registrar may reinstate the right of a person to give certifications if the Registrar is satisfied that the person will—
a: give certifications that are not of the kinds referred to in subsection (2)﻿(a) and (b); and
b: comply with requirements under sections 156B(2)﻿(b) 156D(1)﻿(b) 156H 164C Section 164B inserted 1 June 2002 section 57 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 164B(1) amended 1 August 2008 section 344 Lawyers and Conveyancers Act 2006 Section 164B(2)﻿(c) amended 1 October 2015 section 6(1) Land Transfer Amendment Act 2015 Section 164B(4)﻿(b) amended 1 October 2015 section 6(2) Land Transfer Amendment Act 2015
164C: Retention of evidence and audit of certifications
1: Any person who gives a certification must retain evidence showing the truth of the certification for the period prescribed for the purpose by regulations made under this Act.
2: Without limiting what may be considered to show the truth of certifications, the Registrar may specify requirements that, if met, must be regarded as satisfying the obligation in subsection (1).
3: The Registrar may require a person who has given a certification to do either or both of the following:
a: produce to him or her the evidence referred to in subsection (1):
b: provide a statement on oath as to—
i: any further information required by the Registrar; or
ii: the circumstances surrounding the preparation and electronic transmission of any instrument.
4: Any requirement by the Registrar under subsection (3) must be complied with within 10 working days of its receipt. Section 164C inserted 1 June 2002 section 57 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
164D: Requirements about execution do not apply if certification given
If a certification has been given in relation to an instrument to which section 164A(1)
a: section 164
b: section 157
c: any provision in any enactment or rule of law relating to the execution, signing, witnessing, or attestation of instruments. Section 164D inserted 1 June 2002 section 57 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
164E: Effect of certification
1: When an instrument certified under section 164A section 111
2: This section is subject to the provisions of section 3
3: When an instrument certified under section 164A
a: the instrument had been made in writing; and
b: the instrument had been duly executed by every party specified for the purpose in regulations made under this Act.
4: When an instrument certified under section 164A section 25
5: Subsection (4) is for the avoidance of doubt. Section 164E inserted 1 June 2002 section 57 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 164E(4) amended 1 January 2008 section 364(1) Property Law Act 2007 Governments of other countries as registered proprietors
165: Governments of other countries may be registered as proprietors of land
1: The government of any oversea country shall be deemed to be and to have always been capable of being registered as the proprietor of any estate or interest in land under this Act in the same manner as if it were a body corporate.
2: Any memorandum of transfer or other instrument purporting to transfer or in any way affect land under the provisions of this Act may be executed on behalf of the government of any oversea country by a representative in New Zealand of that country.
3: The fact that any such instrument that is presented for registration purports to have been executed on behalf of the government of any oversea country by a representative in New Zealand of that country shall, in the absence of proof to the contrary, be sufficient evidence to the Registrar that the instrument has been executed under proper authority and is binding on the government of that country.
4: In this section— oversea country representative
a: an Ambassador, High Commissioner, Minister, or Chargé d'Affaires; or
b: a Consular Officer or Trade Commissioner who is resident in New Zealand solely for the purpose of performing his official duties;— and includes any person lawfully acting for any such officer. 1945 No 14 ss 2–4 Verification of instruments
166: Verification of instruments executed out of New Zealand
1: Every instrument duly executed elsewhere than in New Zealand shall, as regards the execution thereof, be accepted for registration or deposit if the execution is verified in any of the following ways, that is to say:
a: where the instrument is executed in any foreign country, then—
i: if it purports to be executed before a Commonwealth representative exercising his functions in that country and to be sealed with his seal of office (if any), or if there is endorsed thereon or annexed thereto a declaration of the due execution thereof purporting to be made by an attesting witness thereto before any such Commonwealth representative as aforesaid, and to be sealed as aforesaid; or
ii: by or before a Notary Public exercising his office in that country; or
iii: in any case where the provisions of section 9
b: where the instrument is executed in any Commonwealth country, then—
i: in a manner prescribed by paragraph (a) for instruments executed in a foreign country; or
ii: in the manner (if any) prescribed by the law of that country for the verification of documents to be used abroad.
2: In the absence of proof to the contrary, it shall be presumed that any seal or signature impressed, affixed, appended, or subscribed on or to any such instrument submitted for registration or deposit, or on or to any document verifying the execution of any such instrument, is genuine, and that the person appearing to have signed or attested any such instrument or document had in fact authority to sign or attest it, and that any such document was in fact made in accordance with the law under which it purports to have been made.
3: In this section— Commonwealth country Commonwealth representative 1915 No 35 s 176 Section 166(3) Commonwealth representative replaced 23 October 1963 section 27 Land Transfer Amendment Act 1963
10: Plans and surveys
167: Plans to be deposited in certain cases
1: On any application to bring land under the provisions of this Act, or for a new certificate on any subdivision of or other dealing with the land comprised in any certificate or other instrument of title or any part thereof or for the untransferred part of the land comprised in any such certificate or other instrument of title, or for registration of any instrument affecting part only of the land comprised in any certificate or other instrument of title, the Registrar may require the applicant to deposit in the Land Registry Office of the district a plan of the land or subdivision or part thereof, as the case may be, which plan shall be in accordance with the regulations for the time being in force in that behalf provided that, notwithstanding anything in this subsection, where the Registrar is of the opinion that a plan complying with the regulations Surveyor-General Cadastral Survey Act 2002
2: Notwithstanding anything in the last preceding subsection, where the Registrar considers that, having regard to the value of the land to be comprised in the certificate of title or new certificate of title, as the case may be, it would be a hardship on the applicant to require him to deposit a plan of the land or subdivision or part, as the case may be, the Registrar, in his discretion, may exempt the applicant from complying with the provisions of that subsection and, where the land is comprised in an ordinary certificate of title, may, but only with the written consent of every registered mortgagee or lessee of the land, issue to the applicant a certificate of title limited as to parcels. Where in any such case an ordinary certificate of title is consequentially partially cancelled by the Registrar, he may endorse on the partially cancelled certificate a memorial that it is limited as to parcels, and it shall be deemed to be limited as to parcels accordingly.
3: The provisions of Part 12
4: This section shall apply with respect to any land comprised in a certificate that is limited as to parcels pursuant to the said Part 12
5: For the purposes of this Act, a plan is deemed to be deposited when the Registrar creates a record to that effect. The date of deposit is the date on which all requirements, statutory or otherwise, precedent or incidental to the deposit of the plan have been complied with to the satisfaction of the Registrar. 1915 No 35 s 178 1938 No 4 s 41(4) 1950 No 24 s 8 Section 167(1) amended 20 October 1972 Land Transfer Amendment Act 1972 Section 167(1) proviso inserted 7 October 1966 section 12 Land Transfer Amendment Act 1966 Section 167(1) proviso amended 1 June 2002 section 68(2) Cadastral Survey Act 2002 Section 167(1) proviso amended 1 June 2002 section 69(1) Cadastral Survey Act 2002 Section 167(1) proviso amended 20 October 1972 Land Transfer Amendment Act 1972 Section 167(5) replaced 1 June 2002 section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
167A: Deposit documents
1: The Registrar may specify a form for any matter referred to in subsection (2) that is a prerequisite for—
a: the deposit of a plan under section 167
b: the issue of a certificate of title.
2: The matters referred to are—
a: any consent, approval, or certification:
b: any other matter that any enactment provides may be included in a deposit document under this section.
3: A form specified under subsection (1) may differ from any form prescribed in relation to the same matter by regulations made under this Act.
4: If a form is specified under subsection (1) for a consent, approval, certification, or other matter under this Act or the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
5: If a form is specified under subsection (1) for a consent, approval, certification, or other matter under an enactment other than this Act or the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
a: as provided for in the other enactment; or
b: in the form or manner specified by the Registrar.
6: A form specified under this section must include a representation or reference—
a: that links it to the plan that is allowed to be deposited; and
b: gives to the person approving or consenting appropriate information about the effect of the depositing of the plan; and
c: indicates that person's approval or consent to the deposit of the plan.
7: For the purposes of regulations made under section 236(1)﻿(d) sections 20 to 25
a: may take the form of an electronic instrument; but
b: must not be registered. Section 167A inserted 5 December 2002 section 58 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
168: Deposit not to operate as dedication of roads
1: The deposit of a plan of subdivision of any land shall not operate as a dedication for public purposes of roads shown on that plan, but a right of way over all such roads shall be appurtenant to every portion of the land in that subdivision, unless expressly excepted and except to the extent to which the registered proprietor of any estate in fee simple in the land or any part thereof, with the consent of every person having a registered interest in the land or part, has disclaimed such a right of way by instrument in writing duly signed in the presence of a witness and lodged with the Registrar. Upon receipt of any such disclaimer, the Registrar shall record on the relevant plan and on the register copy of the relevant certificate of title that this subsection has ceased to apply to the land therein to the extent specified in the disclaimer
2: Every instrument in which land is described by reference to a deposited plan shall take effect, according to the intent and meaning thereof, as if the plan was fully set out thereon. 1915 No 35 s 179 Section 168(1) amended 7 October 1966 section 13 Land Transfer Amendment Act 1966
169: Land taken for roads to be defined on register
1: Where a public road is taken or laid out over any land under this Act the Surveyor-General shall forward to the Registrar the particulars of that taking and of the date thereof, together with a sufficient plan of the road so far as it affects land under this Act.
2: The Registrar shall thereupon proceed as may be necessary to have the road defined or appropriately referred to
3: This section shall not apply to the case of land taken for the purpose of roads under the provisions of any Act of the Parliament of New Zealand 1915 No 35 s 180 Section 169(2) amended 1 June 2002 section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 169(3) amended 1 January 1987 section 29(2) Constitution Act 1986
170: Cost of survey for correction of plans, etc
The cost of any survey authorised by the Surveyor-General for correction of any land transfer plan or certificate shall without further appropriation than this section be borne and be paid by a Crown Bank Account 1915 No 35 s 181 1930 No 6 s 53(4) 1931 No 5 s 25(2) Section 170 amended 25 January 2005 section 83(7) Public Finance Act 1989
171: Surveyor-General or person authorised by him may enter land
Section 171 repealed 1 April 1987 Survey Act 1986
11: Guarantee of title
Compensation for loss or damage
172: Compensation for mistake or misfeasance of Registrar
Any person—
a: who sustains loss or damage through any omission, mistake, or misfeasance in the performance of any duty , function, or power imposed or conferred or person to whom a delegation has been made under section 5
b: who is deprived of any land, or of any estate or interest in land, through the bringing of the land under the Land Transfer Acts, or by the registration of any other person as proprietor of that land, or by any error, omission, or misdescription in any certificate of title, or in any entry or memorial in the register, or has sustained any loss or damage by the wrongful inclusion of land in any certificate as aforesaid, and who by this Act is barred from bringing an action for possession or other action for the recovery of that land, estate, or interest— may bring an action against the Crown for recovery of damages. 1915 No 35 s 186 Section 172(a) replaced 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 172(a) amended 1 June 2002 section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
172A: Compensation for loss occurring after search and before registration
1: In this section, unless the context otherwise requires,— first operative period purchase money search copy second operative period transaction to which this section applies purchaser vendor
2: For the purposes of this section, except as the parties may expressly agree a transaction is settled when the purchaser pays, gives, or otherwise makes available to the vendor the purchase money or other consideration, either in full or to the extent necessary to entitle the purchaser, in terms of the agreement or arrangement relating to the transaction, to call upon the vendor to do everything required of him under that agreement or arrangement to enable the purchaser to register the estate or interest to which the transaction relates.
3: Any purchaser under a transaction to which this section applies who obtains, at any time during the first operative period, a search copy in respect of the land that is the subject of the transaction and who sustains any loss or damage through the registration or lodging under this Act of any instrument or other document relating to that land may bring an action against the Crown for the recovery of damages if—
a: no entry or memorial in the register relating to that registration or lodging appears in the search copy; and
b: the registration or lodging was effected at any time before the expiry of the second operative period or the sooner registration of all instruments and other documents necessary to give effect to the transaction.
4: For the purposes of an action under this section, the court may, on application made to it in that behalf by the purchaser (whether before or after the expiry of the second operative period), extend the second operative period for such length of time as it thinks just where it is satisfied that the registration of all instruments and other documents giving effect to the transaction have not been registered within that period and that the delay in such registration is attributable otherwise than to the fault of the purchaser, his solicitor, or agents. Section 172A inserted 1 January 1984 section 3 Land Transfer Amendment Act (No 2) 1982
173: Notice of action to be served on Attorney-General and Registrar-General
1: Notice in writing of every action against the Crown, and of the cause thereof, and of the amount claimed, shall be served upon the Attorney-General, and also upon the Registrar-General, 1 month at least before the commencement of the action.
2: If those officers concur that the claim ought to be admitted, as to the whole or any part thereof, without suit or action, and jointly certify to that effect, the amount of the claim may, without further appropriation than this section, be paid out of a Crown Bank Account
3: If after notice of the admission has been served on the claimant, his solicitor, or agent, the claimant proceeds with his action, and recovers no more than the amount admitted, he shall not be entitled to recover any costs as against the Crown, and shall be liable to the Crown for the costs of defending the action in like manner as if judgment had been given for the defendant in the action. 1915 No 35 s 188 1925 No 20 s 6 Section 173(2) amended 25 January 2005 section 83(7) Public Finance Act 1989
174: Liability of plaintiff for costs
If in any such action judgment is given in favour of the Crown, or the plaintiff discontinues or becomes nonsuit, the plaintiff shall be liable to pay the full costs of defending the action; and those costs, when taxed, shall be levied by the Crown by the like process of execution as in other actions. 1915 No 35 s 189
175: Recovery of compensation paid and costs in case of fraud
1: Where any sum of money has been lawfully paid out of a Crown Bank Account
a: by fraud, or by fraudulent omission, misdescription, or misrepresentation of any kind on the part of any proprietor in bringing land under any of the Land Transfer Acts; or
b: by fraud on the part of any person causing or procuring himself to be registered as a proprietor under any of the Land Transfer Acts by virtue of any dealing with or transmission from a registered proprietor— the amount of that compensation, together with all costs incurred in testing or defending any claim or action in relation thereto, shall be deemed a debt due to the Crown from the person legally responsible for that fraud, fraudulent omission, misdescription, or misrepresentation, as the case may be, and may be recovered from him, or from his personal representatives, by action at law, in the name of the Registrar-General, or, in case of bankruptcy, may be proved as a debt due from his estate.
1A: Without limiting subsection (1), where any sum of money has been lawfully paid out of a Crown Bank Account section 172A practitioner practitioner's practitioner
1B: No practitioner section 172A practitioner
2: A certificate signed by the Minister of Finance, verifying the fact of any payment out of a Crown Bank Account
3: All moneys recovered in any action as aforesaid shall be paid to the credit of a Crown Bank Account 1915 No 35 s 190 1930 No 6 s 53(3), (4) 1931 No 5 s 25(2) Section 175(1) amended 25 January 2005 section 83(7) Public Finance Act 1989 Section 175(1A) inserted 1 January 1984 section 4 Land Transfer Amendment Act (No 2) 1982 Section 175(1A) amended 1 August 2008 section 345(1)﻿(a) Lawyers and Conveyancers Act 2006 Section 175(1A) amended 1 August 2008 section 345(1)﻿(b) Lawyers and Conveyancers Act 2006 Section 175(1A) amended 25 January 2005 section 83(7) Public Finance Act 1989 Section 175(1B) inserted 1 January 1984 section 4 Land Transfer Amendment Act (No 2) 1982 Section 175(1B) amended 1 August 2008 section 345(1)﻿(a) Lawyers and Conveyancers Act 2006 Section 175(2) amended 25 January 2005 section 83(7) Public Finance Act 1989 Section 175(3) amended 25 January 2005 section 83(7) Public Finance Act 1989
176: Judgment against absconders, etc
1: Where any amount has been paid out of a Crown Bank Account High Court a Crown Bank Account
2: Such a judgment shall be final, and signed in like manner as a final judgment by confession or default in an adverse suit, and execution may issue immediately. 1915 No 35 s 191 Section 176(1) amended 25 January 2005 section 83(7) Public Finance Act 1989 Section 176(1) amended 1 April 1980 section 12 Judicature Amendment Act 1979
177: Recovery of judgment against absconders, etc
If any such person has not left real or personal estate within New Zealand sufficient to satisfy the amount for which execution has been issued as aforesaid, the Crown may recover that amount, or the unrecovered balance thereof, by action against that person whenever he may be found within the jurisdiction of the High Court 1915 No 35 s 192 Section 177 amended 1 April 1980 section 12 Judicature Amendment Act 1979
178: Crown not liable in certain cases
The Crown shall not under any circumstances be liable for compensation for any loss, damage, or deprivation occasioned by any of the following things, notwithstanding that effect may have been given to the same by entry on the register:
a: by the breach by a registered proprietor of any trust; or
b: by the same land having been included in 2 or more grants from the Crown; or
c: by the improper use of the seal of any corporation or company; or
d: by the registration of any instrument executed by any person under any legal disability, unless the fact of that disability was disclosed on the instrument by virtue of which that person was registered as proprietor; or
e: by the improper exercise of any power of sale or re-entry. 1915 No 35 s 193 1930 No 6 s 53(4) 1931 No 5 s 25(2)
179: Measure of damages
No person shall, as against the Crown, be entitled to recover any greater amount for compensation in respect of the loss or deprivation of any land, or of any estate or interest therein, than the value of that land, estate, or interest at the time of that deprivation, together with the value of the messuages and tenements erected thereon and improvements made thereto (if any) prior to the time of that deprivation, with interest at the rate of 5% per annum to the date of judgment recovered. 1915 No 35 s 194 1930 No 6 s 53(4) 1931 No 5 s 25(2)
180: Limitation of actions against the Crown
1: No action for recovery of damages as aforesaid shall lie or be sustained against the Crown unless the action is commenced within the period of 6 years from the date when the right to bring the action accrued; but any person being under the disability of infancy or unsoundness of mind may bring such an action within 3 years from the date on which the disability ceased.
2: For the purposes of this section, the date when the right to bring an action accrued shall be deemed to be the date on which the plaintiff becomes aware, or but for his own default might have become aware, of the existence of his right to make a claim. 1915 No 35 s 195 1950 No 65 s 35(2) Section 180 heading amended 30 September 1959 Land Transfer Amendment Act 1959 Section 180(2) inserted 30 September 1959 Land Transfer Amendment Act 1959
181: Plaintiffs to be nonsuited if laches proved
The plaintiff in any such action, or the plaintiff in an action for the recovery of land, shall be nonsuited in any case in which the loss or deprivation complained of has been occasioned through the bringing of land under any of the Land Transfer Acts, if it is made to appear to the satisfaction of the court before which the action is tried that the plaintiff, or the person through or under whom he claims title, had notice, by personal service or otherwise, or was aware that application had been made to bring the land under any of the Land Transfer Acts, and had wilfully, negligently, or collusively either omitted to lodge a caveat or allowed a caveat to lapse. 1915 No 35 s 196 Protection of purchasers
182: Purchaser from registered proprietor not affected by notice
Except in the case of fraud, no person contracting or dealing with or taking or proposing to take a transfer from the registered proprietor of any registered estate or interest shall be required or in any manner concerned to inquire into or ascertain the circumstances in or the consideration for which that registered owner or any previous registered owner of the estate or interest in question is or was registered, or to see to the application of the purchase money or of any part thereof, or shall be affected by notice, direct or constructive, of any trust or unregistered interest, any rule of law or equity to the contrary notwithstanding, and the knowledge that any such trust or unregistered interest is in existence shall not of itself be imputed as fraud. 1915 No 35 s 197
183: No liability on bona fide purchaser or mortgagee
1: Nothing in this Act or the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 or the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
2: This section shall be read subject to the provisions of sections 77 79 1915 No 35 s 198 Section 183(1) amended 1 June 2002 section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 183(1) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998
12: Compulsory registration of titles
184: Interpretation
In this Part, unless the context otherwise requires,— applicant section 186 application under this Part section 186 ordinary certificate of title form 2 or an equivalent computer register the Registrar's minutes section 193 1924 No 32 s 2 Section 184 ordinary certificate of title amended 1 June 2002 section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
185: All private
General land
1: The Registrar shall continue with all convenient speed, but subject to the provisions of section 19
2: This section shall not apply to land over which the Maori title has not been extinguished. 1924 No 32 s 3 1947 No 59 s 2 Section 185 heading amended 10 October 1975 section 16(2) Maori Purposes Act 1975
186: Application to bring land under this Act deemed to be made
As soon as the Registrar 1924 No 32 s 4 Section 186 amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998
187: Applications to be dealt with as voluntary applications under this Act
Except as hereinafter provided, the sections 19 to 32 1924 No 32 s 5 Section 187 amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998
188: Special provisions as to applications under this Part
1: In respect of any application under this Part it shall not be necessary—
a: that the applicant or any other person surrender the instruments of title, or furnish the schedule or abstract, or make the declaration, or supply the plan respectively referred to in section 21
b: that any persons interested be parties to the application, or that notice of the application be advertised in the Gazette
c: that the Registrar post or forward any notice required by this Act:
d: for the Registrar to await the expiration of any time before issuing a certificate of title in respect of an application under this Part, but he may delay the issue of any such certificate of title for such cause as he thinks sufficient.
2: An application under this Part shall not be capable of being withdrawn by the applicant.
3: The applicant shall not be entitled to direct the issue to any other person of a certificate of title to be issued upon an application under this Part. 1924 No 32 s 6
189: Registrar may require surrender of instruments affecting title
1: The Registrar may at any time require every person having possession or control of any instruments constituting or in any manner affecting the title to the land the subject of an application to surrender the same to the Registrar.
2: Every person who refuses or neglects to surrender any such instrument within a reasonable time after being duly required to do so commits an offence against this Act, and shall be liable on
3: The Registrar shall not deliver any certificate of title under the provisions of this Part to the person entitled to that certificate until all instruments constituting or in any manner affecting the previous title of the applicant, and being in the possession or under the control of the applicant, have been surrendered to the Registrar. 1924 No 32 s 7 Section 189(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
190: Registrar may issue ordinary or limited certificate of title
1: The Registrar shall issue a certificate of title for the land the subject of any such application, in accordance with the provisions of this Act as qualified by this Part, in the name of the proprietor appearing to be entitled thereto.
2: If in respect of any land it appears to the Registrar
3: Save as provided in the last preceding subsection, the certificate of title to be issued under this Part shall be a limited certificate of title as hereinafter defined. 1924 No 32 s 8 Section 190(2) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998
191: Definition and form of limited certificate
1: A limited certificate of title may be a certificate of title limited either as to description of parcels or as to title, or limited both as to description of parcels and as to title.
2: A limited certificate of title shall be in form 2 or an equivalent computer register Certificate of Title Under Land Transfer Act (Limited as to parcels) (Limited as to title) (Limited as to parcels and title) 1924 No 32 s 9 Section 191(2) amended 1 June 2002 section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
192: Notices of issue of certificate of title to be given
Notice of the issue of a certificate of title under the provisions of this Part shall be sent by the Registrar 1924 No 32 s 10 Section 192 amended 26 August 2002 section 65(2) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
193: Registrar's minutes of defects found in titles
1: Before issuing a limited certificate of title the Registrar shall file with his records a minute signed by him clearly setting forth the acts or matters that ought to be done or proved, and the requisitions that ought to be complied with, in order to justify him in issuing an ordinary certificate of title. Those requisitions shall, if necessary, include a requisition for the surrender of the instruments of title referred to in section 21
2: He shall thereupon send
3: The Registrar may from time to time revise and amend the Registrar's minutes so as to indicate which of the acts or matters or requisitions therein referred to have been done or proved or complied with, and may alter or add to those minutes, but not so as to prejudice the limited title of, or throw any onus upon, a purchaser or mortgagee, bona fide for valuable consideration, from the registered proprietor of the land, or of any estate or interest in the land, comprised in a limited certificate of title. All such revisions and additions shall be authenticated by the signature of the Registrar. 1924 No 32 s 11 Section 193(2) amended 26 August 2002 section 65(2) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
194: Searching of Registrar's minutes
The Registrar's minutes shall not form part of the register for the purposes of section 46 Section 194 replaced 1 July 1994 Land Transfer Amendment Act (No 2) 1994
195: Limited certificate of title may be made ordinary
1: Upon the doing of such acts or the proof of such matters, and on compliance with such requisition or requisitions, as are set forth in the Registrar's minutes, to the satisfaction of the Registrar, he shall, at his discretion, either cancel the limited certificate of title and issue
2: If at any time it appears to the Registrar that by reason of lapse of time or for any other reason any act or proof or compliance set forth in the Registrar's minutes has become unnecessary, he may issue an ordinary certificate of title in lieu of a limited certificate of title, or may constitute a limited certificate of title an ordinary certificate of title in the manner provided in the last preceding subsection. 1924 No 32 s 13 Section 195(1) amended 10 December 1991 section 2(2)﻿(a) Land Transfer Amendment Act 1991
196: Ordinary certificate of title not to issue till title good
Except as otherwise provided in this Part, so long as a certificate of title continues to be limited, no new certificate of title other than a limited certificate of title shall be issued in substitution therefor, or for any part of the land comprised therein, unless in the latter case the matters in respect of which it is limited do not affect the part of the land for which the new certificate of title is issued. 1924 No 32 s 14
197: Registrar may require proof that estate of registered proprietor of limited title not extinguished
The Registrar may, in his discretion, before—
a: issuing an ordinary certificate of title in substitution for a certificate that is limited as to parcels or as to title or as to parcels and title; or
b: constituting such a limited certificate of title an ordinary certificate of title; or
c: removing the limitations as to title of a certificate that is limited as to parcels and title; or
d: registering any dealing with the land comprised in a certificate that is limited as to parcels or as to title or as to parcels and title,— require to be satisfied that the estate or interest of the registered proprietor has not become extinguished by the operation of the Limitation Act 2010 Section 197 amended 1 January 2011 section 58 Limitation Act 2010
198: Memorials on limited certificate of title to be evidence
Every entry on a limited certificate of title, if purporting to be duly made and signed, shall be received in all courts of law and equity as evidence of the particulars therein set forth, and shall, as against the person named in the original limited certificate of title for any land, and all persons claiming through, under, or in trust for him, be conclusive evidence that the person named in that entry is seised or possessed of the estate or interest of which he is expressed to be the registered proprietor. 1924 No 32 s 15
199: Application of Act to limited certificate of title
1: Except as otherwise provided in this Part, all the provisions of this Act shall, so far as the circumstances of the case will admit, apply with respect to the land comprised in a limited certificate of title, and to the registration of instruments and other matters affecting the land, save that the title of the proprietor of an estate or interest in any land comprised in a limited certificate of title shall be indefeasible only against the person named in the original limited certificate of title for that land, and all persons claiming through, under, or in trust for him: provided that a limited certificate of title, and the memorials entered thereon of outstanding interests in the land comprised therein, shall be evidence or conclusive evidence, as the case may be, of the matters referred to in section 75
a: the doing of the acts, and proof of the matters, and compliance with the requisitions set forth in the Registrar's minutes:
b: the title to the land, or to any estate or interest in the land, of any person, the existence of which title, or the probable or possible existence of which, is set forth or indicated in the Registrar's minutes:
c: the title of any person to or in any existing lease or agreement for a lease for a term not exceeding 7 years from the date thereof:
d: the title (if any) of any person adversely in actual occupation of, and rightfully entitled to, any such land or any part thereof.
2: Sections 62 63 65 75 79 182 183
3: Notwithstanding the provisions of section 64 1924 No 32 s 16 Section 199(3) amended 1 January 2011 section 58 Limitation Act 2010
200: Applications by persons claiming title adverse to that of proprietor under limited certificate
So long as any land continues to be comprised in a limited certificate of title any person claiming to be seised or possessed of an estate of freehold in that land or any part thereof—
a: by virtue of possession adverse to the title of the proprietor in whose name the certificate of title was issued; or
b: under any title the existence of which, or the probable or possible existence of which, is set forth in the Registrar's minutes— may make an application under the provisions of this Act as if the Land Transfer (Compulsory Registration of Titles) Act 1924 and this Part had not been passed and the limited certificate of title had not been issued. The the Registrar is 1924 No 32 s 17 Section 200 amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998
201: No right of action by proprietor under limited certificate against the Crown or the Registrar-General in certain cases
No action shall lie against the Crown or the Registrar-General by the registered proprietor of any land, or of any estate or interest in land, comprised in any certificate of title limited as to title by reason of the title or the priority of title of any person mentioned in paragraph (b) or paragraph (c) or paragraph (d) of the proviso to subsection (1) or in subsection (3) of section 199 1924 No 32 s 18
202: No dealings to be registered in certain cases
Where by the Registrar's minutes the existence, or the probable or possible existence, of a title to any estate or interest in land is indicated, no dealing with that estate or interest shall be capable of being registered until the estate or interest, if capable of registration, is registered. 1924 No 32 s 19
203: Title to estate less than freehold evidenced by limited certificate
The registered title to any estate or interest less than freehold evidenced by a limited certificate of title or by a memorial endorsed thereon shall be deemed to be limited to the same extent as that certificate so long as the certificate continues to be a limited certificate of title, and it shall not be necessary for the Registrar to place any notice of the limitation upon the instrument creating or evidencing that estate or interest. 1924 No 32 s 20
204: When interests excepted from guarantee extinguished
1: After the expiration of 12 years from the date of the first certificate of title limited as to title for any land,—
a: any claim, estate, or interest upon or in any such land existing before that date and not evidenced by the certificate of title of the land or by a memorial endorsed thereon, including the claim of any caveator under section 205 section 62
b: no action for the recovery of damages from the Crown shall lie in respect of any claim, estate, or interest referred to in the last preceding paragraph:
c: no person who is deprived of any such land, or of any estate or interest in any such land, through the bringing of the same under this Act by virtue of this Part shall be entitled to bring an action against the Crown for recovery of damages:
d: every such certificate of title, or any certificate of title issued in substitution therefor or for any part of the land comprised therein, shall be deemed to be no longer limited as to title, and the Registrar may, unless the certificate of title is limited also as to parcels, issue an ordinary certificate of title for that land, or may constitute the limited certificate of title an ordinary certificate of title, and it shall thereupon take effect in all respects as an ordinary certificate of title.
2: The foregoing provisions of this section shall not operate so as to extend any period after the expiration of which any such claim or action would have been barred, or any such estate or interest would have been extinguished, by virtue of any other Act or law. 1924 No 32 s 21 1930 No 6 s 53 1931 No 5 s 25 Section 204(1)﻿(a) amended 26 August 2002 section 65(2) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
205: Caveats in respect of applications under this Part
1: A caveat against bringing land under this Act is not capable of being lodged in respect of an application under this Part, but any person entitled to lodge a caveat against bringing land under this Act that is subject to an application under Part 2 Deeds Registration Act 1908
2: A caveat under subsection (1) must—
a: specify the name of the caveator; and
b: specify the land subject to the claim; and
c: specify the nature of the land or estate or interest claimed by the caveator and the ground on which the claim is founded; and
d: give an address for service.
3: When the Registrar proceeds with an application in respect of any land against which a caveat under subsection (1)
4: Any occupier of land that is the subject of an application under the provisions of this Part, and any adjoining occupier or proprietor, may, so long as the land is comprised in a certificate of title limited as to parcels, lodge a caveat under this section at any time after the issue of that certificate of title.
5: The provisions of sections 136(2) and (3) 143 145 to 148
6: Notice of the issue of a certificate of title under the provisions of this Part must be given by the Registrar to the caveator of every caveat under subsection (1) that is registered against the land comprised in that certificate of title.
7: Subject to the provisions of this Part, the provisions of this Act relating to caveats under subsection (1), with any necessary modifications, apply to caveats referred to in subsection (4). Section 205 replaced 26 August 2002 section 59 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 205(5) amended 17 May 2005 section 16 Land Transfer Amendment Act 2005
206: Trustees without power to sell
When a certificate of title is issued under the provisions of this Part to trustees (other than trustees of public reserves) who have no express power to sell the land comprised in that certificate of title, it shall be the duty of the Registrar to register upon that certificate of title a memorial referring to this section, and to enter a Registrar's caveat for the protection of the interests of persons beneficially interested under the trust. 1924 No 32 s 23
207: Restrictions on issue of ordinary certificate of title
1: The Registrar shall not be bound on an application in that behalf to issue an ordinary certificate of title, or to issue an ordinary certificate of title in lieu of a certificate of title limited as to parcels, or to constitute a certificate of title limited as to parcels an ordinary certificate of title—
a: unless and until he is satisfied by the deposit of a survey plan, together with such other evidence as he may deem necessary, or by some other means, that no part of the land to which the application relates is held in occupation adverse to the title of the proprietor appearing by the Deeds Register and the instruments of title, or by the certificate of title limited as to parcels, as the case may be, to be entitled thereto:
b: until he has given to the persons appearing to him to be occupiers or proprietors of adjoining land such notices as he deems necessary of his intention to issue or constitute such an ordinary certificate of title, and until the expiration of the time limited in any such notice.
2: The Registrar shall give such notices as aforesaid in any case in which it appears to him that the land, or part of the land, in respect of which an ordinary certificate of title is proposed to be issued or constituted is included in the title of an adjoining occupier or proprietor as evidenced by the Deeds Register or by a certificate of title limited as to parcels of the land of an adjoining occupier or proprietor. 1924 No 32 s 24(1), (2)
208: Registrar may amend description of land in limited certificate of title
The Registrar may from time to time, upon such evidence as he deems sufficient, amend the description of parcels in, or the plan upon or relating to 1924 No 32 s 24(3) Section 208 amended 26 August 2002 section 65(2) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
209: No action against Crown in certain cases
No action for the recovery of damages shall lie against the Crown by the registered proprietor of land comprised in any certificate of title limited as to parcels, or by any other person, by reason of any error or omission in the description of the parcels of land comprised in that certificate of title. 1924 No 32 s 25
210: Registration of deeds affecting land subject to this Part
Any deed affecting any land brought under this Act in pursuance of the provisions of this Part which might have been registered under the provisions of the Deeds Registration Act 1908 Land Transfer (Compulsory Registration of Titles) Act 1924 1924 No 32 s 26
13: General provisions
Additional powers of Registrar
211: Registrar may require production of instruments, etc
Every Registrar, in addition to the powers otherwise conferred by this or any other Act
a: he may require the proprietor or other person making or concurring in any application under this Act to produce any deed or instrument in his possession or control relating to the land the subject of the application, and, if necessary, to attend and give any information or explanation concerning any such deed or instrument:
b: he may by notice require any person having in his possession or control any grant, certificate, or other instrument upon which any memorial or entry is required to be endorsed for the purposes of this Act to produce that instrument within a reasonable time to be fixed by the notice, and to deposit the instrument in the Land Registry Office of his district for such time as may be necessary for the making of that endorsement or entry:
c: he may, if in his opinion the number or nature of the entries on any folium of the register renders it expedient to close the folium, or if any document of title has become worn, defaced, or mutilated so as to justify his so doing, require the holder of the outstanding duplicate of title to surrender that duplicate for cancellation; and upon cancellation a new certificate shall be issued to the person entitled thereto
ca: he may, for the purpose of preparing a copy of any original grant or certificate under section 215B
d: he may enter caveats for the protection of any person who is under the disability of infancy or unsoundness of mind or is absent from New Zealand, or, on behalf of the Crown, to prohibit the transfer or dealing with any land within his district belonging or supposed to belong to any such person, and also to prohibit the dealing with any land within his district in any case in which it appears to him that an error has been made by misdescription of that land or otherwise in any certificate of title or other instrument, or for the prevention of any fraud or improper dealing:
e: he may administer oaths, or may take a statutory declaration in lieu of administering an oath. 1915 No 35 s 183 1936 No 31 s 13 1950 No 65 Section 211 amended 1 June 2002 section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 211(c) amended 10 December 1991 section 2(2)﻿(c) Land Transfer Amendment Act 1991 Section 211(c) proviso repealed 10 December 1991 section 2(2)﻿(e) Land Transfer Amendment Act 1991 Section 211(ca) inserted 30 November 1982 section 5 Land Transfer Amendment Act (No 2) 1982
212: Not producing instruments when required by Registrar
If, upon requisition in writing made by a Registrar for any purpose mentioned in the last preceding section confirming any matter entered or intended to be entered on a computer register
a: to produce, surrender, or deposit any instrument, or to allow the same to be inspected; or
b: to give any explanation which he is hereinbefore required to give— he commits an offence and is liable on District Court Judge $10 1915 No 35 s 184 Section 212 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 212 amended 1 June 2002 section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 212 amended 1 April 1980 section 18(2) District Courts Amendment Act 1979
213: Authority to destroy instruments of title after 20 years
Section 213 repealed 4 October 1957 Archives Act 1957
214: Transfer of instruments, etc, to libraries and museums
Section 214 repealed 4 October 1957 Archives Act 1957
215: Registrar may require indemnity for costs
Before proceeding to enforce any penalty under this Act for non-production of any deed or instrument the Registrar may require the person at whose instance the proceeding is taken to deposit with the Registrar of the court in which the proceeding is to be taken a reasonable sum as security for any costs or expenses which may be incurred by the first-mentioned Registrar in relation to the proceeding or consequent on any failure therein, and to sign an undertaking to pay those costs or expenses. 1915 No 35 s 225
215A: Records becoming obliterated, etc
Where any book, plan, register copy of any certificate or instrument of title or of any other instrument of any kind whatsoever forming part of the register or his records or any computer register record
a: that copy, if certified by the Registrar to be a true copy of the record for the purposes of this section, shall for all purposes have the same effect as and be accepted and received as the record itself and as prima facie evidence that the entries thereon at the time of certification comprise all the entries made upon the record and are true copies of those entries, and all memorials or entries entered or made on the copy so certified subsequent to the time of certification shall be deemed to be memorials or entries duly entered or made in the record:
b: where any record is copied and certified as aforesaid, a copy of that certified copy, if certified by the Registrar to be a true copy for the purposes of this section, shall, for the purposes of sections 45 48 63 75 241 Section 215A inserted 7 October 1966 section 14(1) Land Transfer Amendment Act 1966 Section 215A amended 1 June 2002 section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
215B: Register folium lost, etc
Where any duplicate grant or certificate of title constituting a separate folium of the register, or any other instrument of any kind forming part of the register or his records or any computer register paragraphs (a) and (b) of section 215A Section 215B inserted 30 November 1982 section 6(1) Land Transfer Amendment Act (No 2) 1982 Section 215B amended 1 June 2002 section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Rights of appeal
216: Review by Registrar of decision
1: Any proprietor or claimant to any land, estate, or interest who is dissatisfied by any decision by the Registrar or a person acting under delegated authority in relation to the land, estate, or interest may refer the matter, by notice in writing, to the Registrar for reconsideration.
2: The Registrar may make any investigation into the matter that the Registrar sees fit.
3: The Registrar may require the aggrieved person to provide any evidence, information, or explanation that is relevant to the matter.
4: The Registrar must, if the aggrieved person so requests, give that person an opportunity of being heard by him or her.
5: As soon as practicable, the Registrar must decide the matter by—
a: confirming the decision or the refusal to act; or
b: substituting such decision as the Registrar thinks fit.
6: The Registrar must furnish to the aggrieved person written reasons for the Registrar's decision.
7: This section applies to every decision of a District Land Registrar or Assistant Land Registrar as if it were a decision of a delegate of the Registrar. Section 216 replaced 1 February 1999 Land Transfer (Automation) Amendment Act 1998
217: Notice to Registrar to appear
Any such person may, if he thinks fit, call upon the Registrar to appear before the High Court 1915 No 35 s 200 Section 217 amended 1 April 1980 section 12 Judicature Amendment Act 1979
218: Hearing of appeal
Upon the hearing by the High Court section 217 1915 No 35 s 201 Section 218 amended 1 April 1980 section 12 Judicature Amendment Act 1979
219: Expenses of appeal
All expenses attendant upon any such proceedings shall be borne and paid by the person initiating the proceedings, unless the court orders that the same be paid out of a Crown Bank Account 1915 No 35 s 202 Section 219 amended 25 January 2005 section 83(7) Public Finance Act 1989
220: Registrar-General to decide between Registrar and Examiner of Titles
Section 220 repealed 1 February 1999 Land Transfer (Automation) Amendment Act 1998
221: Primary appeal to Registrar-General if Registrar and Examiner the same person
Section 221 repealed 1 February 1999 Land Transfer (Automation) Amendment Act 1998
222: Registrar-General may submit questions to Court of Appeal
The Registrar-General may, by special case, submit for the decision of the Court of Appeal any question arising under this Act or any former Land Transfer Act which appears to him to require such a decision; and that court shall give its judgment thereon as if the question had been raised in due form upon an appeal from the decision of the High Court 1915 No 35 s 205 Section 222 amended 1 April 1980 section 12 Judicature Amendment Act 1979
223: Procedure
In the conduct of actions and proceedings under this Act in any court the same rules shall apply and there shall be the same rights of appeal as are in force or exist for the time being in respect of ordinary proceedings in the same court. 1915 No 35 s 206
224: Rules of procedure
Rules may be made in manner provided by the Senior Courts Act 2016 High Court 1915 No 35 s 207 Section 224 amended 1 March 2017 section 183(b) Senior Courts Act 2016 Section 224 amended 1 April 1980 section 12 Judicature Amendment Act 1979 Offences
225: Fraudulently procuring certificate of title, etc
1: Every person commits an offence, and is liable on conviction $1,000
a: fraudulently procures, assists in fraudulently procuring, or is privy to the fraudulent procurement of any certificate of title or other instrument, or of any entry in the register, or of any erasure or alteration in any entry in the register, or in any instrument or form issued by the Registrar-General or any Registrar; or
ab: fraudulently procures, assists in fraudulently procuring, or is privy to the fraudulent procurement of—
i: the recording, lodgement, presentation, or registration of any information, instrument, matter or thing under the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
ii: the deletion or alteration of any information, matter, or thing recorded under that Act; or
b: fraudulently uses, assists in fraudulently using, or is privy to the fraudulent using of any form purporting to be issued or sanctioned by the Registrar-General; or
c: knowingly misleads or deceives any person hereinbefore authorised to demand an explanation in respect of any land or the title to any land which is the subject of any application to bring the land under this Act, or in respect of which any dealing or transmission is proposed to be registered or recorded ; or
d: knowingly or recklessly gives a certificate under section 164A
2: Any certificate of title, entry, erasure, recording, deletion, 1915 No 35 s 208 Section 225(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 225(1)﻿(ab) inserted 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 225(1)﻿(ab)﻿(i) replaced 1 June 2002 section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 225(1)﻿(c) amended 1 June 2002 section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 225(1)﻿(d) inserted 1 June 2002 section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 225(2) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998
226: Other offences under Act
Every person commits an offence, and is liable on conviction
a: forges, or procures to be forged, or assists in forging the seal of any Registrar, or the name, signature, or handwriting of any officer of the Land Registry Office, in cases where that officer is by this Act or the Land Transfer Acts
b: stamps, or procures to be stamped, or assists in stamping any document with any forged seal of any Registrar or fraudulently stamps or procures to be stamped or assists in stamping any document with the seal of any Registrar
c: forges, or procures to be forged, or assists in forging the name, signature, or handwriting of any person whomsoever to any instrument which is by this Act or the Land Transfer Acts
d: uses, with an intention to defraud any person whomsoever, any document upon which any impression or part of the impression of any seal of any Registrar has been forged, knowing the same to have been forged, or any document the signature to which has been forged, knowing the same to have been forged; or
e: fraudulently, or with intent to defraud, uses or deposits, or seeks to use or deposit, under this Act any power of attorney, knowing the same to have been revoked, whether expressly or by the death of the grantor; or
f: knowingly or wilfully makes a false oath or declaration concerning any matter or procedure made and done in pursuance of this Act or the Land Transfer Acts or
fa: fraudulently copies, images, records, or registers any instrument or other document or information under the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
fb: fraudulently does or omits to do any act for the purpose of copying, imaging, recording or registering any instrument or other document or information under the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
fc: without being authorised by the Registrar to do so,—
i: connects the computer system maintained under the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
ii: operates or attempts to operate that system (whether by means of any device or apparatus that is part of that system, or by any other means); or
iii: alters that system or the programming of that system; or
iv: alters any record on that system; or
g: fraudulently enters or authenticates in the register any memorial or any part of any memorial, or fraudulently does or omits to do any act for the purpose of entering or authenticating, or procuring the entry or authentication, on the register of any memorial or any part of any memorial ; or
h: gives a fraudulent certificate under section 164A 1915 No 35 s 209 Section 226 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 226(a) amended 1 June 2002 section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 226(b) amended 7 October 1966 section 15(1) Land Transfer Amendment Act 1966 Section 226(c) amended 1 June 2002 section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 226(f) amended 1 June 2002 section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 226(f) amended 7 October 1966 section 15(2) Land Transfer Amendment Act 1966 Section 226(fa) inserted 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 226(fa) amended 1 June 2002 section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 226(fb) inserted 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 226(fb) amended 1 June 2002 section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 226(fc) inserted 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 226(fc)﻿(i) amended 1 June 2002 section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 226(g) inserted 7 October 1966 section 15(2) Land Transfer Amendment Act 1966 Section 226(g) amended 1 June 2002 section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 226(h) inserted 1 June 2002 section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
227: Summary trial of indictable offences
Section 227 repealed 1 April 1958 section 214(1) Summary Proceedings Act 1957
228: Prosecution of offences
Unless otherwise expressly provided, all offences against this Act may be prosecuted, and all fines or sums of money imposed or declared to be due or owing by or under this Act may be sued for and recovered, on behalf of the Crown before any court having jurisdiction for punishment of offences of the like nature or for the recovery of fines or sums of money of the like amount. 1915 No 35 s 224
228A: Fraudulent removal, destruction, etc, of records
Where any person fraudulently—
a: removes from any Land Registry Office any property of a Land Registry Office, including, but without limiting the meaning of the term property, any certificate or other instrument of title, plan, record, index to records, document, or instrument of any kind whatsoever; or
b: destroys, conceals, cancels, obliterates, or damages any such property,— he shall be deemed for the purposes of the Crimes Act 1961 paragraph (b) of section 227 Section 228A inserted 7 October 1966 section 16 Land Transfer Amendment Act 1966 Landbrokers Heading repealed 26 August 2002 section 64(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
229: Power of Registrar-General to license persons as landbrokers
Section 229 repealed 26 August 2002 section 64(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
230: Restrictions on licensing of landbrokers
Section 230 repealed 26 August 2002 section 64(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
231: Bond required before grant of licence
Section 231 repealed 26 August 2002 section 64(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
232: Licences may be revoked
Section 232 repealed 26 August 2002 section 64(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
233: Acting without licence
Section 233 repealed 26 August 2002 section 64(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
234: Making unlawful charges
Section 234 repealed 26 August 2002 section 64(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Miscellaneous
235: Fees
or charges
1: Without limiting section 236
a: the fees or charges payable for—
i: the performance or exercise of functions, duties, or powers of the Registrar under this Act or any other enactment:
ii: the performance or exercise of functions, duties, or powers of the chief executive under this Act or the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
iii: the performance of functions of the chief executive in relation to the administration or operation of this Act or the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
b: the amount of those fees or charges, or the method or rates by which they are to be assessed:
c: the persons liable to pay the fees or charges:
d: the circumstances in which the payment of the whole or any part of those fees or charges may be remitted or waived:
e: the manner in which the fees or charges are to be paid.
2: A Registrar may refuse to—
a: register, deposit, or accept an instrument, dealing, or document for the deposit, lodging, or filing of which a fee is prescribed; or
b: do any act for the doing of which a fee is prescribed,— unless the fee has been paid or the Registrar has approved a credit arrangement for the payment of the fee
3: Regulations made under this Act may prescribe—
a: that interest, calculated in accordance with Schedule 2
b: the circumstances and manner in which that interest is to be paid.
4: Notwithstanding subsection (2)
a: dispense with the payment of all or any part of any fee payable under this Act; or
b: refund all or any part of any fee paid under this Act.
5: Without limiting subsection (1), fees may be specified by regulations made under this Act having regard to the costs and expenses incurred by the department of State for the time being responsible for the administration of the Cadastral Survey Act 2002
a: cadastral surveys supporting title to land under this Act; and
b: the maintenance of cadastral survey data.
6:
7: Section 235 replaced 10 December 1991 section 2(1) Land Transfer Amendment Act 1991 Section 235 heading amended 17 May 2002 section 60(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 235(1) replaced 17 May 2002 section 60(2) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 235(2) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 235(3) replaced 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 235(3)﻿(a) replaced 1 January 2018 section 29 Interest on Money Claims Act 2016 Section 235(4) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 235(5) replaced 17 May 2002 section 60(3) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 235(6) repealed 17 May 2002 section 60(3) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 235(7) repealed 17 May 2002 section 60(3) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
236: Regulations
1: The Governor-General may, by Order in Council, make regulations—
a: regulating the practice and conduct of business under this Act:
b: prescribing periods of time for the purposes of giving notices and other matters under this Act:
c: prescribing the manner in which instruments must refer to the register:
d: specifying the classes of instruments that are capable of being electronic instruments:
e: specifying procedures by which mortgagees of electronic transactions land may—
i: prevent electronic instruments affecting electronic transactions land over which they hold a mortgage from being registered without their consent:
ii: be notified of the registration of electronic instruments:
f: prescribing the form of any memorandum to be registered under section 155A
g: specifying different classes of easements, and the rights and powers to be implied in them, for the purposes of section 90D
h: specifying, for the purposes of section 99B
ha: for the purposes of sections 156A 156B
i: specifying transfers of specified estates in land that are exempt from the requirements of section 156B
ii: specifying transfers of specified estates in land that are non-notifiable transfers (which may be non-notifiable in relation to the transferee, the transferor, or both), including by reference to the nature of the transferor, transferee, transaction, type of estate in land, class of estate in land, or otherwise:
hb: declaring estates in land that are specified estates in land for the purposes of section 156A
i: prescribing the manner in which paper instruments must be executed, witnessed, or attested for the purposes of section 157
j: specifying classes of paper instrument that may be certified under section 164A(2)﻿(b)
k: specifying the parties for the purpose of section 164A(3)﻿(a)
l: prescribing time periods for which evidence must be held under section 164A(3)﻿(d)
m: prescribing the form of certifications under section 164A
n: specifying the parties for the purpose of section 164E(1)
o: prescribing the physical properties of paper instruments:
p: prescribing forms of paper instruments for the purpose of section 238(1)
q: prescribing forms for notices and consents under this Act:
r: providing for any other matters contemplated by this Act or the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
2: Without limiting subsection (1)﻿(d), regulations made under that provision may—
a: express a specification in terms of how an instrument is associated with other instruments when presented for registration:
b: specify classes of instrument by reference to—
i: how instruments are dealt with:
ii: how shares and interests are dealt with:
iii: whether all the interests comprised and described in a certificate of title are affected by the instrument:
iv: the enactment that provides for an instrument:
v: the purpose for which an interest is held.
3: In subsection (2)﻿(b), interest
4: Regulations may be made under subsection (1)﻿(ha) only on the recommendation of the Minister for Land Information, if the Minister is satisfied that—
a: requiring persons to comply with the requirements of section 156B
b: there is a low risk of tax avoidance in relation to the transfers proposed to be specified as exempt or non-notifiable. Section 236 replaced 17 May 2002 section 61 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 236(1)﻿(ha) inserted 1 October 2015 section 7(1) Land Transfer Amendment Act 2015 Section 236(1)﻿(hb) inserted 1 October 2015 section 7(1) Land Transfer Amendment Act 2015 Section 236(4) inserted 1 October 2015 section 7(2) Land Transfer Amendment Act 2015
237: When paper instrument is in acceptable form
1: A paper instrument is in an acceptable form if—
a: it contains the information required by this Act; and
b: it meets the requirements for the physical properties of paper instruments that are prescribed by regulations made under this Act.
2: A paper instrument must be regarded as containing the information required by this Act if—
a: either—
i: it is in a form prescribed by regulations made under this Act; or
ii: it is in a form specified by the Registrar prior to its lodgement; and
b: it is properly completed.
3: However, a paper instrument must be regarded as being in an acceptable form if it does not comply with subsections (1) and (2), but the non-compliance relates to a minor matter that, in the opinion of the Registrar, will not affect the operation or effect of the instrument once it is registered. Section 237 replaced 26 August 2002 section 62 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
238: Content of paper forms
1: Regulations made under this Act may prescribe forms for notices and consents under this Act.
2: If a form for any notice or consent is not for the time being prescribed by regulations, the Registrar may specify one.
3: If a form is for the time being prescribed by regulations or specified under subsection (2), that form must be used on all appropriate occasions.
4: However, a notice or consent is not invalid because it fails to comply with the prescribed or specified form if the non-compliance relates to a minor matter that, in the opinion of the Registrar, will not affect the operation or effect of the notice or consent. Section 238 replaced 26 August 2002 section 62 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
239: Description of person to include personal representative
In any form under this Act, the description of any person as proprietor, transferor, transferee, mortgagor, mortgagee, lessor, or lessee, or as trustee, or as seised of, having, or taking any estate or interest in any land, includes the heirs, executors, successors, and assigns of that person. Section 239 replaced 1 June 2002 section 63 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
240: How Registrar gives public notice
If this Act requires that the Registrar give public notice of any matter but does not specify how the notice is to be given, it is sufficient that the Registrar—
a: publishes a notice in the Gazette
b: the notice gives sufficient information about the matter to enable persons who might respond to it to understand its effect. Section 240 replaced 1 June 2002 section 63 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
240A: Specifications by Registrar
1: If this Act requires or permits the Registrar to specify any matter, the specification—
a: is made when it is published by notice in the Gazette
b: takes effect on its publication or on a later date specified in the notice.
2: When the Registrar makes any specification under subsection (1), he or she must make copies of it available at every land titles office. Section 240A inserted 1 June 2002 section 63 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
240B: Notice by Registrar to particular persons
1: If this Act specifies that the Registrar must give a notice to any person but does not specify how it is to be given, the notice may be given by—
a: delivering it to that person; or
b: delivering it to that person's usual or last known place of abode or business; or
c: posting it to that person or that person's place of abode or business or address; or
d: sending a fax if the person has nominated a fax address; or
e: electronic mail or other similar means of communication if the person has nominated an email or similar address; or
f: directing it to the person at an electronic workspace facility if the instrument to which the notice relates was generated in the facility.
2: In subsection (1), person
3: A person is taken to have nominated an address if the person has expressly nominated it as an address to which notices for the relevant purpose may be sent. Section 240B inserted 1 June 2002 section 63 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
240C: Notices to Registrar
If this Act specifies that a person must give a notice to the Registrar but does not specify how it is to be given, the notice may be given by—
a: delivering it to any Land Registry Office; or
b: posting it to the Registrar at any Land Registry Office; or
c: sending a fax if the Registrar has specified a fax address for that class of notice; or
d: electronic mail or other similar means of communication if the Registrar has specified an electronic mail or similar address for that class of notice; or
e: directing it to the Registrar from an electronic workspace facility if the Registrar has specified that means as a way of giving that class of notice. Section 240C inserted 1 June 2002 section 63 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
240D: When notices taken to be delivered
1: In the absence of proof to the contrary, notices are taken to be delivered,—
a: in the case of notices sent by post, at the time when the letter would in the ordinary course of post be delivered; and, in proving the delivery, it is sufficient to prove that the letter was properly addressed and posted:
b: if sent by fax, at the time indicated on a record of its transmission:
c: if sent by electronic mail or similar means or to or from an electronic workspace facility, at the time a record of the transmission indicates it was received in the relevant electronic communications system.
2: For the purposes of subsection (1)﻿(c),—
a: relevant electronic communications system
i: in the case of an electronic mail or similar address, the electronic communications system associated with that address; or
ii: in the case of an electronic workspace facility, the electronic communications system by which users of the facility can receive electronic communications:
b: without limiting what may constitute a record of transmission, it may, in appropriate circumstances be,—
i: an acknowledgement from the relevant electronic communications system; or
ii: the absence of a notification that the transmission has not been received into or processed by the relevant electronic communications system.
3: Despite subsection (1), a notice delivered to the Registrar at a land titles office is taken to be delivered at 9 am on the next day on which the office is open for business if the time at which it would be taken to be delivered under subsection (1) is outside the business hours of the office. Section 240D inserted 1 June 2002 section 63 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
241: Registrar not obliged to produce registers or attend court
1: Neither the Registrar nor any delegate of the Registrar is obliged to—
a: produce any register or other instrument in his or her custody as the Registrar or Registrar's delegate in any court or place other than an office of the department except by order of the High Court; or
b: attend any court or other hearing or proceeding, except by order of the High Court.
2: The High Court may not make an order under subsection (1)﻿(a) or subsection (1)﻿(b) unless the court is satisfied that production or personal attendance is necessary and that the required evidence cannot be given by certified copy of the register or instrument. Section 241 replaced 1 February 1999 Land Transfer (Automation) Amendment Act 1998
242: Persons qualified to take declarations
Any declaration made for the purposes of this Act may be made before High Court 1925 No 20 s 5 Section 242 amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 242 amended 1 April 1980 section 12 Judicature Amendment Act 1979
243: Personal liability
1: Neither the Registrar nor any delegate of the Registrar is personally liable for any act done or omitted in the performance or exercise or intended performance or exercise of a duty or power vested in the Registrar or a duty or power that the person believes on reasonable grounds to be vested in the Registrar by this or any other Act.
2: No person who held an office under this Act before the commencement of the Land Transfer (Automation) Amendment Act 1998 Section 243 replaced 1 February 1999 Land Transfer (Automation) Amendment Act 1998
244: Property Law Act 1952 to be subject to this Act
Section 244 repealed 1 January 2008 section 364(1) Property Law Act 2007
245: Repeals and savings
1: The enactments specified in Schedule 8
2: Without limiting the provisions of the Interpretation Act 1999
3: Any provision of the Land Transfer (Hawke's Bay) Act 1931 Maori Land Act 1931 Land Act 1948
4: In the case of any mortgage executed prior to 1 January 1903 (being the date of commencement of the Land Transfer Amendment Act 1902 Land Transfer Act 1908
5: In the case of any submortgage executed prior to 1 March 1914 (being the date of commencement of the Land Transfer Amendment Act 1913
6: Where in any document made before the commencement of this Act reference is made to any former Land Transfer Act, that reference shall be construed and shall operate as if it had been made to this Act, or to such of the provisions of this Act as correspond to those of the Act so referred to. Section 245(1) amended 29 September 1961 Land Transfer Amendment Act 1961 Section 245(2) amended 1 November 1999 section 38(1) Interpretation Act 1999