Land Transfer Amendment Act 1963

1: Short Title
This Act may be cited as the Land Transfer Amendment Act 1963, and shall be read together with and deemed part of the Land Transfer Act 1952
1: Prescriptive title to land
2: Interpretation
In this Part of this Act, unless the context otherwise requires,— Application section 3 applicant local authority Local Government Act 2002 Local authority: this definition was substituted 1 July 2003 262 Local Government Act 2002 See sections 273 to 314
3: Application for certificate of title based on possession
1: Where—
a: Any person has been in possession of any land which is subject to the principal Act, being land for which a certificate of title has been issued or a Crown grant has been registered under that Act, for a continuous period of not less than 20 years, and continues in possession of the land; and
b: That possession was such that he would have been entitled to apply for a title to the land on the ground of possession if the land had not been subject to the principal Act,— he may, in accordance with the provisions of this Part of this Act, apply to the Registrar in the prescribed form
2: For the purposes of this Part of this Act, possession of any land by any person through or under whom the applicant claims shall be deemed to be possession by the applicant.
3: For the purposes of this Part of this Act, possession of any land by 1 or more joint tenants or tenants in common at any time (whether after or before the commencement of the Land Transfer Amendment Act 1995
a: Shall not of itself be (or be deemed to have been) possession of the land by the other tenant or tenants; and
b: Shall be (or be deemed to have been) capable of being adverse possession as against the other tenant or tenants. Subsection (1) amended 17 May 2005 18 Land Transfer Amendment Act 2005 by substituting the words the prescribed form Form U in the Second Schedule to the principal Act Subsection (3) inserted 30 March 1995 2(1) Land Transfer Amendment Act 1995
4: Person with registered interest under disability
1: Where the registered proprietor of, or any person shown by the register to be entitled to the benefit of, any estate or interest in any land is under any disability at the expiration of the period of 20 years after the date on which the possession of the land by any other person commenced, the last-mentioned person, or any person claiming through or under him, shall not be entitled to make an application in respect of that land or any part thereof until that registered proprietor or person shown by the register to be entitled as aforesaid has ceased to be under a disability or has died, whichever event first occurs: Provided that nothing in this subsection shall apply in any case where at the date of any application under this Part of this Act the applicant has been in possession of the land for a period of not less than 30 years.
2: For the purposes of this section, a person shall be deemed to be under a disability while he is an infant or of unsound mind.
3: For the purposes of subsection (2) of this section a hospital within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992 In subsection (3) the words a hospital within the meaning of the Mental Health Act 1969 substituted 1 April 1970 an institution within the meaning of the Mental Health Act 1911 Mental Health Act 1969 The reference to the Mental Health (Compulsory Assessment and Treatment) Act 1992 in subsection (3) was substituted 1 November 1992 137(1) Mental Health (Compulsory Assessment and Treatment) Act 1992
5: Examination of application by Registrar and Examiner of Titles
1:
2: The Registrar may, if the Registrar thinks fit, dispense with any of the information required to be supplied in the prescribed form of application, if the Registrar is satisfied that that information cannot reasonably be ascertained and supplied by the applicant.
3: The Registrar may by notice to the applicant require the applicant to furnish him with any additional information or documents relating to his application within a reasonable time specified in the notice. Subsection (1) repealed (2) substituted 1 February 1999 Land Transfer (Automation) Amendment Act 1998
6: Registrar to refuse application if evidence insufficient
Where—
a: The Registrar is subsection (3) section 3 the Registrar is
b: The applicant fails to comply with any requisition of the Registrar under subsection (3) the Registrar shall refuse the application, either wholly or, as the case may be, as to the part thereof in respect of which he and the Examiner are not satisfied as aforesaid. Paragraph (a) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 by substituting the word is the Registrar is and the Examiner are they are
7: Notice of application
1: Where the Registrar is section 3
a: To be published at least twice on dates specified or approved by the Registrar in such one or more newspapers as he thinks fit, including at least one newspaper circulating in the locality in which the land is situated; and
b: To be given to any person who is shown by the register to have or who in the Registrar's opinion has or may have any estate or interest or any claim to any estate or interest in the land or any part thereof, and the notice shall advise that person that any such estate or interest will lapse in respect of any land in the application for which a certificate of title may be issued under this Part of this Act unless a caveat is lodged as hereinafter provided; and
c: To be published in such other way (if any) or to be given to such other person (if any) as he thinks expedient in the circumstances.
2: Where an application has been refused as to part of the land to which it relates, the notice required by this section shall be given only in respect of the remaining part of the land.
3: The notice shall fix a date, within the limits prescribed
4: The Registrar may, at any time before the granting of the application, extend for such period as he thinks fit the time fixed by any notice given pursuant to this section.
5: For every notice given to any person pursuant to this section the Registrar may charge the same fee as is prescribed for a notice relating to any caveat. Subsection (1) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 by substituting the word is and the Examiner are Subsection (3) amended 1 June 2002 65(4) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 by substituting the words within the limits prescribed being not less than one month nor more than 12 months from the date of the first publication of the notice under paragraph (a) of subsection (1) of this section
8: Person claiming interest in land may lodge caveat
1: Any person claiming any estate or interest, whether legal or equitable or beneficial, in the land or any part of the land to which any application relates may, before the expiration of the time fixed or extended pursuant to section 7 the prescribed form
2: Nothing in section 143 144 subsection (1) of this section sections 9 to 12 sections 136(2) (3) 137(4) 142 146 148
3: Any caveat under this section may be withdrawn by the caveator or by his attorney or agent under a written authority, and either as to the whole or any part of the land to which it relates. Subsection (1) amended 17 May 2005 18 Land Transfer Amendment Act 2005 by substituting the words the prescribed form Form M in the Second Schedule to the principal Act Subsection (2) amended 17 May 2005 18 Land Transfer Amendment Act 2005 by substituting the expression 136(2) and (3), 137(4) 138, 139
9: Caveat by registered proprietor of fee simple or estate for life, etc
1: Where the Registrar is satisfied that the person executing a caveat lodged pursuant to section 8
2: Where a caveat lodged pursuant to section 8 subsection (1) of this section
3: If the Registrar is not so satisfied within the time fixed in the notice given under subsection (2) of this section
4: Where the Registrar is satisfied that the person executing any caveat to which subsection (2) of this section
10: Caveat by person claiming as beneficial or equitable owner of fee simple or estate for life, etc
1: Where—
a: The caveator under a caveat lodged pursuant to section 8
b: The application has not been refused as to the whole of the land or as to that part pursuant to any other provision of this Part of this Act,— the Registrar shall, unless he is of the opinion that the estate or interest claimed is sufficiently evidenced by the register, give notice to the caveator requiring him, within a time fixed in the notice, being not less than the prescribed period
c: Establish that claim in law and cause himself to be registered as the proprietor of the estate or interest claimed; or
d: Satisfy the Registrar that the claim to that estate or interest is valid but is of such a nature that it is not capable of being converted into a registered estate or interest.
2: If, within the time fixed by any notice given under subsection (1) of this section
3: If—
a: The Registrar is of the opinion that the estate or interest claimed is sufficiently evidenced by the register; or
b: Within the time fixed or extended as aforesaid, the caveator causes himself to be registered as the proprietor of the estate or interest claimed in the land or in part thereof, or satisfies the Registrar as aforesaid,— the Registrar shall refuse the application in respect of the land or of that part, as the case may be. Subsection (1) amended 1 June 2002 65(4) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 by substituting the words the prescribed period 3 months after the giving of the notice
11: Caveat by person entitled to other estate or interest
1: Where the Registrar is satisfied that the caveator under a caveat lodged pursuant to section 8
a: The Registrar shall notify the applicant that he will proceed with the application if the applicant agrees in writing to accept a certificate of title subject, to the same extent as the existing title, to that estate or interest and to every estate or interest (not being any estate in fee simple or other estate excepted as aforesaid) through or under which the caveator derives his title; and
b: The Registrar shall take no further action in respect of the application until the applicant so agrees or until the estate or interest of the caveator is discharged, surrendered, or otherwise extinguished; and
c: If the applicant so agrees, the caveat shall be deemed to have lapsed and the Registrar shall mark it as having lapsed under this subsection; and any certificate of title issued to the applicant shall be made subject to every such estate or interest as aforesaid.
2: Where any land in respect of which an application has been lodged is subject to a registered mortgage, the applicant shall be deemed to be the registered proprietor of the land for the purposes of section 112 subpart 5 Part 3
3: Where under this section the applicant agrees to take title subject to any mortgage and a certificate of title is issued to him under section 15 section 96 subpart 8 Part 3 Section 11(2) amended 1 January 2008 section 364(1) Property Law Act 2007 Section 11(3) amended 1 January 2008 section 364(1) Property Law Act 2007
12: Caveat by person claiming beneficial or equitable estate less than fee simple
1: Where—
a: The caveator under a caveat lodged pursuant to section 8
b: The application has not been refused as to the whole of the land or as to that part pursuant to any other provision of this Part of this Act,— the Registrar shall, unless he is of the opinion that the estate or interest claimed is sufficiently evidenced by the register, give notice to the caveator requiring him, within a time fixed in the notice, being not less than the prescribed period
c: Establish that claim in law and cause himself to be registered as the proprietor of the estate or interest claimed; or
d: Satisfy the Registrar that the claim to that estate or interest is valid but is of such a nature that it is not capable of being converted into a registered estate or interest.
2: If, within the time fixed by any notice given under subsection (1) of this section
3: If, within the time fixed or extended as aforesaid, the caveator causes himself to be registered as the proprietor of the estate or interest claimed, the provisions of section 11
4: If—
a: The Registrar is of the opinion that the estate or interest claimed is sufficiently evidenced by the register; or
b: Within the time fixed by any notice given under subsection (1) of this section the provisions of section 11 Subsection (1) amended 1 June 2002 65(4) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 by substituting the words the prescribed period 3 months after the giving of the notice
13: Notice of refusal of application to be given to applicant
Where pursuant to any provision of this Part of this Act the Registrar refuses any application as to the whole or any part of the land to which it relates, the Registrar shall give notice of the refusal to the applicant, unless notice has previously been given to the applicant of the refusal of the application as to the land or as to that part, as the case may be, under any other provision of this Part of this Act.
14: Definition of land for which certificate of title may be issued
1: In this section— Title boundary Occupation boundary
2: Where the Registrar is satisfied that all notices required by this Part of this Act to be advertised or given have been advertised or given and that all times required by this Part of this Act to expire have expired, and that—
a: No caveat has been lodged pursuant to section 8
b: Every caveat so lodged has lapsed or been withdrawn as to all the land to which the application relates or as to any part of that land; or
c: All caveats so lodged that have neither lapsed nor been withdrawn as aforesaid affect part only of the land to which the application relates,— the Registrar shall give notice to the applicant requiring him to either—
d: Supply a certificate by a licensed cadastral surveyor
e: Deposit under subsections (1) (5) subsection (3) of this section
3: The boundaries on any such plan of survey shall be drawn as follows:
a: Where the title boundary of the land or any part of that title boundary is the common boundary between that land or any part thereof and land owned by the Crown or by any local authority or held for any public purpose, the plan shall to that extent be drawn in terms of that title boundary or of that part thereof:
b: Where the occupation boundary of the land or any part of that occupation boundary is outside the title boundary of that land or any part thereof, the plan shall to that extent be drawn in terms of the title boundary or of that part thereof:
c: Where the occupation boundary of the land or any part of that occupation boundary, while purporting to be on the title boundary of the land, is on the inside of that title boundary or the corresponding part thereof, and the land adjoining that title boundary or part thereof on the other side is not owned by the Crown or a local authority and is not held for a public purpose, the plan shall to that extent be drawn in terms of the occupation boundary:
d: Where the occupation boundary of the land or any part of that occupation boundary does not purport to be on any title boundary of the land or any part thereof, the plan shall to that extent be drawn in terms of the occupation boundary:
e: In any case to which the foregoing provisions of this subsection do not apply, and to the extent to which they do not apply, the plan shall be drawn in terms of the title boundaries of the land or in terms of any new survey boundaries necessary for the definition of the land or to complete that definition, as the case may require.
4: For the purpose of approving any plan required to be deposited pursuant to this section, the applicant shall be deemed to be the owner of the land. Subsection (2)﻿(d) amended 1 June 2002 68(1) Cadastral Survey Act 2002 by substituting the words licensed cadastral surveyor registered surveyor
15: Issue of certificate of title to applicant
1: Where—
a: The applicant has supplied the Registrar with the certificate or deposited the plan required by section 14
b: The Registrar is section 19
c: If no sufficient reason to the contrary otherwise appears;— then, notwithstanding anything in any other Act, the Registrar shall issue to the applicant a certificate of title in Form 2 subsection (1)
2: Where any land in respect of which the application was lodged is comprised in a certificate of title that is limited as to parcels, any certificate of title issued under this section may, if the Registrar thinks fit, be similarly limited as to parcels. Subsection (1)﻿(b) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 by substituting the word is and the Examiner are
16: Title to intervening land where fence, etc, not on boundary
1: In this section the terms title boundary occupation boundary section 14
2: Where—
a: A plan of survey prepared by a licensed cadastral surveyor section 14
b: For that reason the certificate of title issued to the applicant under that section does not include the land between the occupation boundary and the title boundary (in this section referred to as the intervening land); and
c: The Registrar is satisfied, from the particulars shown on the plan of survey or otherwise, that—
i: The fence, wall, hedge, building, ditch, or other artificial means of marking the occupation boundary was intended to coincide with or to represent the title boundary; or
ii: Where the occupation boundary is a natural feature of the land, that feature is in close proximity to the title boundary; and
d: The Registrar is satisfied that the intervening land or any part thereof is occupied together with other land adjoining the title boundary by the registered proprietor of the fee simple estate in that other land or by some person authorised by him,— the Registrar may notify the registered proprietor of that other land that he may apply to have the intervening land, or, as the case may be, so much thereof as is occupied by him or by any person authorised by him as aforesaid, amalgamated with that other land; and, notwithstanding anything in any other Act, if that registered proprietor so applies, the Registrar may issue to him a certificate of title accordingly (in this section referred to as the amalgamated certificate of title)
3: Any intervening land that is amalgamated with other land pursuant to subsection (2)
4: Where the Registrar issues an amalgamated certificate of title under this section, any disposition of, or any application for a separate certificate of title for, any part of the land in that certificate of title shall be deemed to be a subdivision of the land for the purposes of the Resource Management Act 1991 Subsection (2) amended 10 December 1991 2(3) Land Transfer Amendment Act 1991 by omitting the words , without fee or on payment of the prescribed fee as the Registrar thinks fit Subsection (2)﻿(a) amended 1 June 2002 68(1) Cadastral Survey Act 2002 by substituting the words licensed cadastral surveyor registered surveyor Subsection (4) amended 1 July 2003 262 Local Government Act 2002 by substituting the words Resource Management Act 1991 Local Government Act 1974 See sections 273 to 314
17: Application in respect of land of dissolved company or other corporate body
Where any application relates to land the registered proprietor of the fee simple of which is a company or other corporate body that has been dissolved and the property of which has vested in the Crown as bona vacantia
a: The Registrar shall not proceed with the application until—
i: Where there is provision in any Act authorising the Crown to disclaim the land, the land has been disclaimed by the Crown in manner provided by that Act and the applicant has satisfied the Registrar that no proceedings have been commenced in any Court by any person under that Act to become the registered proprietor of the land; or
ii: Where there is no such provision in any Act, the application is consented to in writing by the Secretary to the Treasury; and
b: Where in any case to which subparagraph (i) of paragraph (a) of this section
c: Where any such proceedings have been commenced, the Registrar shall not proceed further with the application unless and until the proceedings have failed or been discontinued; and
d: If such proceedings have not been commenced within the time fixed in the notice given under paragraph (b) of this section
18: Cancellation of certificate of title
1: Where the Registrar issues a certificate of title to any applicant under the provisions of section 15
2: Upon the cancellation of any certificate of title as aforesaid, the estate or interest evidenced thereby and the estate or interest evidenced by any instrument, entry, or memorial shown thereon which has not been required to be brought forward on to the new certificate of title pursuant to subsection (1)
19: No action against the Crown or Registrar-General of Land except in certain cases
Notwithstanding anything in section 172
a: Is deprived of that land, estate, or interest or any part thereof by fraud on the part of any applicant or by the error, omission, or misfeasance of the Registrar or of any of his officers or clerks in dealing with any application; and
b: Is by the principal Act barred from bringing an action for possession or other action for recovery of the land, estate, or interest.
20: Notices
The provisions of sections 239 240D Section 20 substituted 17 May 2005 18 Land Transfer Amendment Act 2005
21: This Part not to apply in certain cases
No application shall be made under section 3
a: With respect to any land owned by the Crown, except as provided in section 17
b: With respect to any Maori land within the meaning of Te Ture Whenua Maori Act 1993
c: With respect to any land the registered proprietor of the fee simple of which is a local authority:
d: With respect to any land held in trust for any public purpose, being a trust noted or deemed to be noted on the register pursuant to section 129
e: With respect to any land occupied together with any adjoining land by the owner of that adjoining land or by any other person by virtue of the fact that any fence, wall, hedge, building, ditch, or other artificial means of marking the boundary purporting to be on the common boundary between that land and the adjoining land is not on that common boundary:
f: With respect to any land occupied together with any adjoining land by the owner of that adjoining land or by any other person by virtue of a change of course of any river, creek, or stream, or by virtue of the isolation of that land from any other land in the same ownership by any river, creek, or stream or by any other natural feature of the land or of adjoining land or by any road.
22:
2: Miscellaneous amendments of principal Act
23:
24: Contents of memorial
1: This subsection amended s 39(1)
2: Every memorial entered in the register before the passing of this Act which would have been valid if this section had been in force when the memorial was entered is hereby declared to have been validly entered, and the instrument to which it relates is hereby declared to have been duly registered.
25: Bringing down encumbrances on registration of new lease
1: This subsection substituted a new section for s 117
2: Section 4 of the Land Transfer Amendment Act 1959
26:
27: