Land Transfer Act 2017

1: Title
This Act is the Land Transfer Act 2017.
2: Commencement
1: This Act comes into force on a date appointed by the Governor-General by Order in Council.
2: One or more orders may be made under subsection (1) bringing different provisions into force on different dates.
3: Any provision that has not earlier been brought into force comes into force on the day that is 18 months after the date on which this Act receives the Royal assent.
4: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(1) this Act brought into force 12 November 2018 clause 2 Land Transfer Act 2017 Commencement Order 2018 Section 2(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
1: Preliminary provisions
3: Purpose
The purpose of this Act is to replace the Land Transfer Act 1952
a: continues and maintains the Torrens system of land title in New Zealand; and
b: retains the fundamental principles of that system, which are to—
i: provide security of ownership of estates and interests in land:
ii: facilitate the transfer of and dealings with estates and interests in land:
iii: provide compensation for loss arising from the operation of the system:
iv: provide a register of land that describes and records the ownership of estates and interests in land; and
c: reflects the fact that the land transfer register is kept and operated electronically and that most dealings in land are carried out electronically; and
d: by all of the above means, maintains the integrity of title to estates and interests in land.
4: Land subject to this Act
The following land is subject to this Act:
a: land that is subject to the Land Transfer Act 1952
b: land alienated or contracted to be alienated from the Crown in fee simple after the commencement of this section:
c: land made subject to this Act by or under this Act or any other Act:
d: land that is, after the commencement of this section, vested in a person for a freehold estate under any other Act, including any Act relating to Māori land.
5: Interpretation
1: In this Act, unless the context otherwise requires,— chief executive court Crown grant department electronic instrument electronic workspace facility section 25(7) estate or interest fraud section 6 freehold estate
a: includes a life estate; but
b: does not include a lease for life future estate incapacitated subpart 1 2 instrument
a: means a document in paper or electronic form; and
b: includes a caveat document intellectual or mental impairment
a: an intellectual disability as defined in section 7
b: a mental disorder as defined in section 2(1) land
a: estates and interests in land:
b: buildings and other permanent structures on land:
c: land covered with water:
d: plants, trees, and timber on or under land lease limited record of title section 199 local authority section 5(1) Minister minor section 4 mortgage
a: means a charge over an estate or interest in land created by a mortgagor under this Act a purpose of which is to secure the performance of an obligation to pay money, whether or not—
i: the charge also secures the performance of other obligations; or
ii: any obligation secured by the charge is unconditional or conditional on the failure of another person to perform it; and
b: includes a rentcharge or an annuity mortgagee
a: a person to whom a mortgage of an estate or interest in land is given; and
b: the transferee of any mortgage if the mortgage has been transferred mortgagor owner
a: means the owner of a legal or an equitable estate or interest in land; and
b: includes a person who has a future estate or interest in land paper instrument personal representative practitioner section 6 public notice section 220 qualified record of title section 17 record of title section 12 register section 9 Registrar section 231 Surveyor-General Cadastral Survey Act 2002 transmission unique identifier working day
a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
b: a day in the period commencing on 25 December and ending on 2 January in the following year; and
c: if 1 January falls on a Friday, the following Monday; and
d: if 1 January falls on a Saturday or a Sunday, the following Monday and Tuesday; and
e: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday.
2: In any form or document the content of which is prescribed by or under this Act, a reference to any of the following persons includes a reference to that person's heirs, executors, successors, and assigns:
a: an owner, transferor, transferee, mortgagor, mortgagee, lessor, lessee, or trustee:
b: a person seised of or owning or having or taking an estate or interest in land. Section 5(1) working day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022
6: Meaning of fraud
1: For the purpose of this Act, other than subpart 3 fraud
2: For the purposes of subsection (1), the fraud must be against—
a: the registered owner of an estate or interest in land; or
b: the owner of an unregistered interest, if the registered owner or registered owner's agent,—
i: in acquiring the estate or interest had actual knowledge of, or was wilfully blind to, the existence of the unregistered interest; and
ii: intended at the time of registration of the estate or interest that the registration would defeat the unregistered interest.
3: For the purpose of subpart 3 fraud
4: The equitable doctrine of constructive notice does not apply for the purposes of deciding whether conduct is fraudulent.
7: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
8: Act binds the Crown
This Act binds the Crown.
2: Land title and registration
1: Land title register
Land title register
9: Registrar to keep register
1: The Registrar must keep and operate a register of land that is subject to this Act.
2: The register must be kept in a form or manner determined by the Registrar that—
a: records information; and
b: permits the recorded information to be readily accessed or reproduced in usable form.
3: For example, all or part of the register may be kept by means of a computer system or facility that records information electronically. 1952 No 52 s 33 ss 5 14
10: Purpose of register
The purpose of the register is to—
a: provide a public record of land that is subject to this Act, including a record of—
i: title to estates and interests in land registered under this Act; and
ii: other information relating to estates and interests in land that is recorded in the register under this Act:
b: provide the mechanism for creating title to estates and interests in land that, subject to this Act, cannot be set aside:
c: facilitate the transfer of and dealings with estates and interests in land that is subject to this Act:
d: facilitate giving effect to the purposes of this Act:
e: enable compliance with the requirements of any other Act for the registration or notation under this Act of instruments or other matters affecting land or estates or interests in land.
11: Contents of register
1: The Registrar must record in the register—
a: the particulars of land that is subject to this Act:
b: the particulars of estates and interests in land that are registered under this Act:
c: the names of the persons registered as owners of those estates and interests:
d: the particulars of instruments or other matters that are registered or noted under this Act and that benefit, burden, or affect those estates or interests:
e: the instruments themselves:
f: any certificate, notation, endorsement, memorandum, information, or matter that relates to registered estates and interests in land and that is required to be recorded in the register under this Act or any other enactment:
g: the plans deposited under this Act:
h: any prescribed information.
2: The Registrar may record in the register—
a: any certificate, notation, endorsement, memorandum, information, or matter that relates to registered estates and interests in land and that may be recorded in the register under this Act or any other enactment:
b: any other information that the Registrar considers necessary or desirable to ensure that the register is complete and accurate. Records of title
12: Record of title
1: The Registrar may, from the information recorded in the register, create a record of title for—
a: freehold estates:
b: leasehold estates:
c: stratum estates under the Unit Titles Act 2010
d: any other estates or interests in land that are or may be registered under this Act or for which a record of title is required by another Act:
e: a proclamation or notice published in the Gazette
2: A record of title must comprise—
a: a unique identifier for the record of title:
b: a description of the land to which the record of title relates:
c: a description of the type of estate or interest in the land:
d: a reference to any instrument or other matter creating the estate or interest or subdividing the land:
e: a reference to any record of title or any former document of title from which the record of title derives:
f: the name of the registered owner of the estate or interest:
g: for each registered or noted instrument affecting the estate or interest,—
i: a unique identifier; and
ii: a description of the type of instrument; and
iii: the date and time of its registration or notation and any other information necessary to determine its priority:
h: any status affecting the legal capacity of the registered owner of the estate or interest notified to the Registrar under this Act or any other enactment:
i: any other information—
i: that must be included under any other enactment; or
ii: that the Registrar considers necessary to give effect to this Act or any other enactment.
3: The Registrar may create a composite record of title for all or any of the estates, interests, proclamations, or notices referred to in subsection (1).
4: A record of title forms part of the register. 2002 No 11 ss 7–13
13: Registrar may issue amalgamated or separate records of title
1: The Registrar may, on application by the registered owner of parcels of land recorded in 2 or more records of title, create a single record of title for the whole of the land.
2: The Registrar may, on application by the registered owner of 2 or more parcels of land recorded in a single record of title, create 2 or more records of title each recording part of the land. 1952 No 52 s 86
14: Separate titles for undivided shares in land
1: The Registrar must, if requested to do so by the registered owner of an undivided share as a tenant in common in an estate in land, create a separate record of title for that share.
2: The Registrar may, if requested to do so by the registered owner of an estate in land, create separate records of title for undivided shares in that estate. 1952 No 52 s 72
15: Record of title created in name of deceased person
A record of title created in the name of a deceased person takes effect as if the record of title were created immediately before the person died. 1952 No 52 s 74
16: Court may make orders relating to records of title
The court may, in any proceeding under this Act, direct the Registrar to—
a: cancel the record of title for any estate or interest in land or cancel any entry on the record of title; or
b: create a new record of title for the estate or interest; or
c: alter the record of title for the estate or interest in the manner directed by the court. 1952 No 52 s 85 Qualified records of title
17: Qualified record of title
1: The Registrar may record in a record of title that the title is qualified if—
a: the boundaries of the land are not adequately defined in a registered instrument or in a deposited plan or other plan; or
b: a circumstance prescribed by regulations exists; or
c: the record of title is a replacement record issued under section 46
d: section 124
e: any other enactment provides for the record of title to be qualified.
2: The Registrar must record in the record of title the qualification to which the record of title is subject.
3: This section applies to—
a: an existing record of title:
b: a new record of title.
4: Nothing in this section or in sections 18 19 subpart 4 1952 No 52 s 50
18: Effect of qualified record of title
The provisions of this Act apply to an estate for which there is a qualified record of title, except that—
a: the title of the registered owner of the estate, or of an estate or interest affecting that estate, is subject to the qualification; and
b: the only persons who cannot, because of the qualification, set aside the title of the registered owner of the estate, or of an estate or interest affecting that estate, are persons who are or have been registered owners of any of those estates or interests while subject to the qualification; and
c: if the title is qualified because of a circumstance prescribed by regulations, the provisions of this Act apply subject to anything specified in those regulations. 1952 No 52 s 54
19: Removal of qualification
1: If the Registrar is satisfied that the grounds for recording a qualification in a record of title have ceased to exist, the Registrar may cancel the qualified record of title and create a new record of title without the qualification.
2: The Registrar must record in the new record of title any estate or interest registered or noted in the qualified record of title in the same order of priority. 1952 No 52 s 51 Retention of information in register
20: Information in register to be retained
Information that is recorded in the register must be retained in the register or elsewhere even if—
a: the information was incorrect and has been altered by the Registrar under section 21
b: the information has been superseded; or
c: the information is no longer current; or
d: the form in which the register is kept is changed. 2002 No 11 s 32 Registrar's powers of alteration
21: Registrar's powers of alteration
1: The Registrar may alter the register to—
a: correct an error made by the Registrar or a person acting under a delegation under section 233
b: correct an error made by a person in preparing or submitting a document or information for registration:
c: record a boundary change resulting from accretion or erosion:
d: give effect to an order or a direction of a court.
2: The Registrar must not alter the register under subsection (1)(a), (b), or (c) if the alteration would materially affect the registered estate or interest of any person unless—
a: the person consents in writing to the alteration; or
b: in accordance with regulations made under this Act,—
i: the Registrar gives notice of intention to alter the register; and
ii: no material objection to the proposed alteration is received.
3: The Registrar may alter the register for any other purpose with the consent in writing of the persons affected.
4: The Registrar may, in exercising powers under this section, have regard to any material or information the Registrar considers relevant and reliable.
5: Subsection (4) is subject to any regulations made under this Act. 1952 No 52 ss 80 81 Registration and notation of instruments
22: Registration or notation of instrument
1: The Registrar may register or note an instrument lodged for registration or notation if—
a: the person lodging the instrument complies with the requirements of this Act and any other enactment; and
b: the instrument is lodged in a form that complies with the requirements of this Act and any other enactment.
2: Registration or notation of an instrument is effected when a unique identifier for the instrument is recorded in the register.
3: An instrument forms part of the register when it is registered or noted. 1952 No 52 ss 34 42 ss 23 30
23: Registration or notation of instrument created or executed by person not registered as owner of estate or interest
An instrument may be registered or noted despite the fact that, at the time the instrument was created or executed, a person named in the instrument was not registered as the owner of the estate or interest to which the instrument relates. 1952 No 52 s 76
24: Effect of registration
1: An instrument has no effect to create, transfer, or otherwise affect an estate or interest in land under the provisions of this Act until the instrument is registered.
2: On registration, the instrument has effect to create or transfer or otherwise affect the estate or interest specified in the instrument on the terms and conditions and subject to the covenants—
a: contained or incorporated in the instrument; or
b: implied in the instrument by this Act or any other enactment.
3: On registration of an instrument that does not contain an operative provision that gives effect to the purpose of the instrument,—
a: the estate or interest specified in the instrument passes to the person identified as the party to whom the estate or interest is intended to pass; or
b: in the case of a mortgage, the estate or interest becomes liable as security; or
c: in the case of an instrument that surrenders, discharges, or varies an estate or interest, the estate or interest is extinguished or varied.
4: Subsection (3) is subject to the terms, conditions, and covenants contained or incorporated in the instrument or implied in the instrument by this Act or any other enactment.
5: Unless the instrument provides otherwise, a reference in an instrument to a unique identifier for a record of title must be treated as a reference to the entire estate or interest for which the record of title was created. 1952 No 52 s 41(1), (4)–(6) Electronic workspace facilities
25: Electronic workspace facilities
1: The Registrar may approve 1 or more electronic facilities for use in the preparation of electronic instruments for lodgement under this Act.
2: The Registrar must not approve an electronic facility unless satisfied that adequate provision is made to ensure that—
a: instruments prepared in the facility comply with the requirements of this Act when lodged; and
b: the Registrar is able to carry out the Registrar's functions and duties under this Act.
3: The Registrar may, at any time, withdraw approval of an electronic workspace facility that fails to meet the requirements of subsection (2).
4: The Registrar may monitor activities in an electronic workspace facility for the purpose of detecting fraud and improper dealings.
5: The chief executive may provide an electronic workspace facility.
6: The chief executive may—
a: set conditions for the use of the electronic workspace facility:
b: audit the electronic workspace facility to ensure compliance with the conditions:
c: monitor activities in the electronic workspace facility for the purpose of maintaining the effectiveness and efficiency of the facility.
7: In this Act, electronic workspace facility 2002 No 11 s 22 Instruments
26: Instruments to comply with this Act and other enactments
An instrument may be lodged for registration or notation only if the instrument complies with the requirements of this Act and any other enactment.
27: Certification of electronic instruments
1: An electronic instrument of a class specified in regulations as requiring certification may be lodged only if it is certified.
2: An electronic instrument is certified by being certified as to each matter prescribed for that class of instrument. 1952 No 52 s 164A
28: Persons authorised to certify electronic instruments
1: The following persons are the only persons who may certify electronic instruments for the purposes of this Act:
a: practitioners:
b: a person of a class authorised by regulations to certify electronic instruments.
2: Regulations may specify that a class of persons is authorised to certify all electronic instruments or electronic instruments of a specified class.
3: A person (including a practitioner) must not certify an electronic instrument while the person's authority to give a certificate is revoked under section 29 1952 No 52 s 164B(1)
29: Revocation of right to certify electronic instruments
1: The Registrar may, by notice, revoke a person's authority to give a certificate for electronic instruments if the Registrar believes on reasonable grounds that the person—
a: has given a fraudulent certificate for an electronic instrument; or
b: has given a certificate that is materially incorrect for an electronic instrument; or
c: has failed to comply with a requirement under section 30 sections 78(2)(b) 80(1)(b) 84
2: The Registrar may revoke a person's authority under subsection (1)(a) immediately, but must then consider any submissions or representations made by or on behalf of the person.
3: If the Registrar decides to uphold the revocation after considering those submissions or representations, the Registrar must give notice of that decision to the person.
4: The Registrar may revoke a person's authority under subsection (1)(b) or (c) only after—
a: giving the person not less than 10 working days' notice of intention to do so; and
b: considering any submissions or representations made by or on behalf of the person.
5: The Registrar may, by notice, reinstate any person's authority that was revoked under this section if the Registrar is satisfied that the person—
a: will not give a certificate that is fraudulent or materially incorrect for an electronic instrument; and
b: will comply with sections 30 78(2)(b) 80(1)(b) 84 1952 No 52 s 164B(2)–(4)
30: Evidence of certification for electronic instrument
1: If a person, in giving a certificate for an electronic instrument, certifies that he or she has evidence relied on in support of matters stated in the certificate, the person must retain that evidence for the prescribed period.
2: The Registrar may specify standards ( see section 236
3: The Registrar may, by notice, require a person who has given a certificate for an electronic instrument to provide to the Registrar—
a: the evidence referred to in subsection (1), if applicable; or
b: a statutory declaration as to—
i: any further information required by the Registrar; or
ii: the circumstances of the preparation and electronic transmission of the instrument.
4: A requirement under subsection (3) must be complied with within 10 working days of receipt of the notice. 1952 No 52 s 164C Section 30(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021
31: Effect of certification for electronic instrument
1: On registration, an electronic instrument certified under section 27
a: is to be treated as having been made in writing and executed by every party specified for the purpose in regulations; and
b: has effect according to its terms.
2: Nothing in any enactment or rule of law relating to the execution, signing, witnessing, or attestation of instruments applies to an electronic instrument certified under section 27 1952 No 52 s 164E
32: Lodging of instruments electronically by certain persons
1: An electronic instrument must be prepared in and lodged from an electronic workspace facility.
2: An instrument must be lodged as an electronic instrument if the instrument is lodged by, or under the direction of,—
a: a practitioner; or
b: a person of a class required by regulations to electronically lodge that class of instrument.
3: However, the instrument—
a: must not be lodged as an electronic instrument if it belongs to a class specified by regulations as not being capable of electronic lodgement; and
b: need not be lodged as an electronic instrument if the Registrar determines it is impracticable or inappropriate to do so.
33: Execution of paper instruments
A paper instrument that creates, transfers, or otherwise affects an estate or interest in land under the provisions of this Act must be executed and witnessed in accordance with this Act and any other enactment. 1952 No 52 s 157
34: Certification and lodging of paper instruments
1: A paper instrument that creates, transfers, or otherwise affects an estate or interest in land under the provisions of this Act may be lodged only if it is certified by—
a: the party to the instrument who is specified by regulations for that class of instrument; or
b: a practitioner who acts for that party.
2: A paper instrument is certified by being certified—
a: as to each matter prescribed for that class of instrument; and
b: in the prescribed form (if any).
3: A paper instrument must be lodged by posting the instrument to a land registry office designated for that purpose by the Registrar.
4: The Registrar must give notice of the address of the designated land registry office—
a: in the Gazette
b: in any other way the Registrar considers appropriate (for example, on an Internet site maintained by the department). 1952 No 52 ss 47(1), (2) 164
35: Priority of instruments
1: An instrument must be registered or noted according to the time when it is lodged.
2: An instrument has priority according to the time when it is lodged, not when it is executed.
3: This section is subject to—
a: section 36
b: section 102 1952 No 52 s 37
36: When paper instruments lodged
1: An instrument that is lodged by being posted to a designated land registry office is treated as having been lodged—
a: on the working day after the date on which it is received; and
b: before any other instrument relating to the same estate or interest that is lodged on that day.
2: A caveat document lodged by being posted to a designated land registry office is treated as having been lodged after any instrument lodged in the same manner on the same day.
3: Subsections (4) and (5) apply to 2 or more paper instruments lodged for registration that relate to the same estate or interest in land.
4: If lodged together, the instruments must be registered—
a: in the order specified in writing by the person who lodged them; or
b: if the order is not specified, in the order—
i: agreed in writing by the parties to the instruments; or
ii: determined by the court.
5: If lodged at the same time, but not together, the instruments must be registered in the order—
a: agreed in writing by the parties to the instruments; or
b: determined by the court.
6: If the court makes a determination under this section, the Registrar of the court must serve a copy of the determination on the Registrar. 1952 No 52 ss 41(2), (3) 47(4)–(6)
37: Rejection and requisition of instruments
1: An instrument lodged for registration or notation that does not comply with section 26
a: be rejected and returned to the person who lodged them or, if the instruments cannot be returned to that person, to a person who the Registrar considers is the appropriate person to receive them; or
b: be retained by the Registrar for correction (otherwise known as being requisitioned).
2: The Registrar must give a notice to the person who lodged the instrument—
a: that states that the instrument has been rejected under subsection (1)(a); or
b: that states that the instrument has been retained under subsection (1)(b) and that specifies a time by which the instrument must be corrected.
3: A notice under subsection (2) must state the reasons for rejecting or retaining the instrument.
4: If an instrument retained under subsection (1)(b) is not corrected within the specified time, the Registrar may—
a: refuse to register or note the instrument and any instruments lodged with it; and
b: return the instrument and any instruments lodged with it to the person who lodged them or, if the instruments cannot be returned to that person, to a person who the Registrar considers is the appropriate person to receive them.
5: If an instrument is returned under subsection (1)(a) or (4)(b), the Registrar may retain any fees paid to the Registrar.
6: Fees retained by the Registrar under subsection (5) are forfeited to the Crown.
7: An instrument that is returned under subsection (1)(a) or (4)(b) must be treated as never having been lodged for registration or notation. 1952 No 52 ss 43 148B
38: Copying and imaging of paper instrument
1: The Registrar may—
a: produce a record, copy, or image of a paper instrument lodged under this Act or any other enactment; and
b: unless it is necessary to retain the instrument so that the record, copy, or image can be understood, return the instrument to the person who lodged it together with a notice stating that a record, copy, or image has been made.
2: The Registrar may use the record, copy, or image for the purposes of registering the instrument or performing any other statutory function.
3: If the record, copy, or image is used in that way, it must be treated as if it—
a: were the original instrument; and
b: had been lodged at the same time as the original instrument. 2002 No 11 s 27
39: Rejection of instrument that cannot be copied
1: The Registrar may refuse to register or note—
a: an electronic instrument if it is impracticable to capture the instrument's data; or
b: a paper instrument if it is impracticable to copy, or to create an image of, the instrument.
2: If subsection (1) applies,—
a: the Registrar must give to the person who lodged the instrument a notice requiring the instrument to be lodged again in a corrected form within the prescribed period specified in the notice:
b: the priority of the instrument is not affected if the instrument is lodged again in a corrected form within the prescribed period or any period of extension allowed by the Registrar:
c: unless the instrument is lodged again within the required period, the instrument must be treated as never having been lodged for registration.
3: In this section, corrected form 2002 No 11 s 28 Access to register
40: Access to register
1: The Registrar must, on request and on payment of the prescribed fee or charge,—
a: provide a person with a copy of an instrument registered or noted in the register or that forms part of the register:
b: provide a person with a copy of a record of title.
2: If the person requires the copy of the instrument or record of title to be a certified copy, the Registrar must provide a certified copy.
3: The copies referred to in subsection (1) may be provided in electronic form if the chief executive so determines.
4: A determination under subsection (3) may be made subject to specified conditions.
5: This section is subject to—
a: section 41 Part 9
b: the Public Records Act 2005 1952 No 52 ss 45 45A 46 s 33 Section 40(5)(a) amended 1 July 2019 section 259(1) Family Violence Act 2018
41: Registrar may withhold information for person’s safety
1: The Registrar may do the following during any withholding period granted to a person under this section:
a: refuse to provide under section 40
b: prevent the name of the person, or identifying information about the person, from being included in any part of the register that is made available to the public. Decision about withholding period
2: The Registrar must, on application by a person under section 42
3: The Registrar must grant the withholding period if satisfied that the publication of information that discloses, or is likely to disclose, the whereabouts of the person may prejudice the safety of the person or the person’s family.
4: The Registrar must, as soon as is reasonably practicable after making the decision, give notice to the person of—
a: the decision; and
b: the date of the decision; and
c: if the withholding period is not granted, the reasons for the decision. Duration of withholding period
5: A withholding period for a person starts on the date on which the Registrar decides to grant it.
6: A withholding period for a person ends 5 years after it starts or on any earlier date on which the Registrar decides to end the period.
7: The Registrar must decide to end the withholding period if he or she—
a: receives the person’s application to end the withholding period; or
b: becomes aware and is satisfied that the basis for granting the withholding period no longer exists (for example, because an order has ceased to have effect or because the person has died and the safety of the person’s family is not prejudiced).
8: The Registrar must, as soon as is reasonably practicable after making a decision to end a withholding period for a person under subsection (7)(b), give notice to the person of—
a: the decision; and
b: the date of the decision; and
c: the reasons for the decision. Other matters
9: The fact that a withholding period has ended does not prevent the Registrar from deciding to grant another withholding period on the same evidential basis.
10: This section overrides any requirements of this Act that relate to the register.
42: Application to Registrar to withhold information for person’s safety
1: A person may apply to the Registrar to grant a withholding period under section 41
2: The application must include—
a: the details of any identifying information about the person that enables the information to be located in any instrument or record of title, or to be excluded from the public parts of the register, for the purposes of section 41(1)
b: a statutory declaration by the person as to why the publication of information that discloses, or is likely to disclose, the whereabouts of the person may prejudice the safety of the person or the person’s family; and
c: sufficient evidence that the publication of information that discloses, or is likely to disclose, the whereabouts of the person may prejudice the safety of the person or the person’s family.
3: Evidence provided in the application may include—
a: a restraining order that is in force under the Harassment Act 1997
b: any prescribed order of a court:
c: a statutory declaration by a constable, or the person’s employer (if the prejudice arises from the person’s employment), that he or she believes that the publication of information that discloses, or is likely to disclose, the whereabouts of the person may prejudice the safety of the person or the person’s family:
d: any other relevant evidence.
4: Unless there is proof to the contrary, an order referred to in subsection (3)(a) or (b) is conclusive evidence of the matters to which it relates. Later notice about order used as evidence for withholding period
5: A person must give notice to the Registrar of the date on which an order will cease, or has ceased, to have effect if—
a: a withholding period applies to the person; and
b: the person included the order as evidence in the application for the withholding period.
6: The person must give the notice as soon as is reasonably practicable after becoming aware of the date, but need not give the notice if the date is apparent from the order itself.
43: Exceptions to withholding information for person’s safety
1: Even if the Registrar is entitled to refuse to provide a copy of an instrument or a record of title under section 41(1)
a: to conduct a transaction with the protected person; or
b: to have an instrument registered or noted under this Act or any other enactment; or
c: to exercise a right held, or satisfy an obligation owed, in relation to the particular land (but not land generally), such as the right to sell the land under a mortgagee’s power of sale.
2: The person provided with the copy must not disclose the copy, or any information obtained from the copy, to anyone else except for the purpose for which the copy was required under subsection (1).
3: The Registrar must give notice to the protected person—
a: before providing the copy of the instrument or record of title to the person who requires it; or
b: as soon as practicable after providing the copy to the person who requires it, if it is impracticable to give notice before that.
4: The notice must specify—
a: the instrument or record of title of which a copy will be provided; and
b: the person to whom the copy will be provided; and
c: when the copy will be provided.
5: In this section, protected person section 41 Evidentiary effect of documents
44: Evidentiary effect of documents
1: Subsection (2) applies to a document that—
a: appears to be or to represent an electronic image of an instrument registered or noted in the register under this Act; and
b: does not appear to have been altered in any way.
2: Unless there is proof to the contrary, the document is conclusive evidence—
a: of the contents of the instrument; and
b: that the instrument is registered or noted in the register under this Act.
3: Subsection (4) applies to a document that—
a: appears to be or to represent an electronic image of a record of title created under this Act; and
b: does not appear to have been altered in any way.
4: Unless there is proof to the contrary, the document is conclusive evidence—
a: of the information contained in the record of title as at the date and time stated in the document; and
b: that the information contained in the document identifies all interests and other matters that, at the date and time stated in the document, are registered or noted in the register and affect the estate or interest to which the record of title relates.
5: Unless there is proof to the contrary, a copy of an instrument certified by or on behalf of the Registrar to be a correct copy of an instrument registered or noted under this Act is conclusive evidence—
a: of the contents of the instrument; and
b: that the instrument is registered or noted in the register under this Act.
6: Unless there is proof to the contrary, a copy of a record of title certified by or on behalf of the Registrar to be a correct copy is conclusive evidence—
a: of the information contained in the record of title as at the date and time stated in the copy; and
b: that the information contained in the copy identifies all interests and other matters that, at the date and time stated in the copy, are registered or noted in the register and affect the estate or interest to which the record of title relates.
7: Unless there is proof to the contrary, the fact that the copy of the instrument or record of title appears to be certified by or on behalf of the Registrar is conclusive evidence that it is certified by or on behalf of the Registrar. 1952 No 52 ss 45 75 163 ss 34 35 Instruments lost before registration or notation
45: Instruments lost before registration or notation
1: This section applies to a person who claims—
a: that an instrument entitles the person to be registered as the owner of an estate or interest in land or to be noted on the register as a person entitled to an interest in the land; and
b: that the instrument, or an authority required for its registration or notation, has been lost or destroyed or that no record of it can be found.
2: The person may apply to the court for an order that the person is entitled to be registered as the owner of the estate or interest or to be noted on the register as a person entitled to the interest.
3: The applicant must serve notice of the application on—
a: the Registrar; and
b: the registered owner of every estate or interest in the land and every person noted on the register as being entitled to an interest in the land; and
c: any other persons as the court directs.
4: The court may, if satisfied that the person's claims are correct,—
a: order the Registrar to register the person as the owner of the estate or interest or to note on the register that the person is entitled to the interest; or
b: make any other order the court thinks fit.
5: The Registrar of the court must serve a copy of the order on the Registrar. 1952 No 52 ss 56 57 Replacement or reconstitution of records
46: Registrar may replace or reconstitute records
1: This section applies to—
a: a document that is or has been registered or noted and that has been lost, damaged, or destroyed or has become unfit for use:
b: a document that is or has been in the custody of the Registrar and that has been lost, damaged, or destroyed or has become unfit for use:
c: information registered or noted in the register or lodged for registration or notation that has been lost or is unfit for use.
2: The Registrar may replace or reconstitute a document or information to which this section applies.
3: The replacement or reconstituted document or information has the same effect as if it were the original.
4: The Registrar must make an entry on any record of title to which the document or information relates stating that the replacement or reconstituted document or information has been created under this section. 1952 No 52 ss 215A 215B Joint tenancy
47: Registration of persons as joint tenants
1: Two or more persons named in an instrument as transferees, mortgagees, or owners of an estate or interest in land must be treated as joint tenants.
2: Subsection (1)—
a: is subject to anything contrary in the instrument:
b: does not apply to Māori land as defined in section 4 1952 No 52 s 61
48: Severance of joint tenancy
A person who owns an estate or interest as a joint tenant with another person may be registered as a tenant in common if the first person transfers his or her estate or interest to himself or herself as a tenant in common. Dealings by overseas Governments
49: Dealings in land by Government of overseas country
1: An overseas Government may—
a: be registered as the owner of an estate or interest in land; or
b: transfer, lease, mortgage, or otherwise deal with an estate or interest in land.
2: A paper instrument used for any of the following things may be executed on behalf of an overseas Government by a representative in New Zealand of that Government:
a: the transfer of an estate or interest in land to or from the overseas Government:
b: the lease or mortgage of an estate or interest in land by the overseas Government:
c: any other dealing with an estate or interest in land by the overseas Government.
3: The fact that the instrument appears to be executed in accordance with subsection (2) is, in the absence of proof to the contrary, conclusive evidence that it has been executed under proper authority and binds the overseas Government.
4: This section does not affect the use of an electronic instrument for anything referred to in subsection (2).
5: In this section,— overseas Government
a: the Government of a country other than New Zealand:
b: the Government of a province, State, territory, or other political subdivision of a country other than New Zealand:
c: a local or regional government or authority in a country other than New Zealand:
d: a body that exercises authority for an association or union of countries other than New Zealand representative
a: a person who holds a prescribed office:
b: a person acting for a person who holds a prescribed office. 1952 No 52 s 165 Registers under other Acts
50: Registers under other Acts
1: The Registrar must keep and operate a register required by any other Act to be kept in the Land Registry Office.
2: Despite the other Act, the register may—
a: be part of the land title register or a separate register; and
b: be kept in the same manner as the land title register under section 9(2)
3: The Registrar may issue a record of title for an estate or interest registered under this section.
2: Title to land
51: Title by registration
1: On registration under this Act of a person as the owner of an estate or interest in land, the person obtains a title to the estate or interest that cannot be set aside.
2: The title of the registered owner is free from estates and interests in the land that—
a: are not registered or noted on the register; or
b: are not capable of being registered or noted on the register.
3: Despite subsections (1) and (2), the title of the person registered as owner of the estate or interest is subject to—
a: the exceptions and limitations in sections 52 to 56 subparts 1 3 section 204
b: any enactment other than this Act that overrides or limits the title.
4: Subsections (1) and (2) apply whether or not the registered owner acquired the estate or interest—
a: for valuable consideration; or
b: from a fictitious person.
5: Nothing in this section affects the in personam 1952 No 52 ss 62 63(1) 64
52: Exceptions and limitations
1: The title of the registered owner to an estate or interest in land is subject to the following exceptions and limitations:
a: in a case where the title of the estate or interest of the registered owner is acquired through fraud on the part of the registered owner or the registered owner's agent:
b: an estate or interest registered or noted on the record of title at the time of registration:
c: the estate or interest of a person having a valid claim to the same estate or interest under a prior record of title:
d: the estate or interest of another registered owner that has been included in the record of title as a result of an incorrect description of area or boundaries:
e: an easement omitted from, or incorrectly described in, the record of title regardless of whether the easement was created before or after the land was brought under this Act.
2: Nothing in this section limits section 54 1952 No 52 ss 62 63(1)
53: No title to public road or reserve unless authorised
A person does not acquire title by registration to a public road or a reserve if the road or reserve has been—
a: included in the record of title unlawfully; or
b: acquired under an unauthorised instrument. 1952 No 52 s 77 Alteration of register in cases of manifest injustice
54: Application to court for order for alteration of register
1: This section and sections 55 to 57 person A
a: has been deprived of an estate or interest in land by the registration under a void or voidable instrument of another person ( person B
b: being the owner of an estate or interest in land, suffers loss or damage by the registration under a void or voidable instrument of another person ( person B
2: Person A may apply to the court for an order under section 55
3: An application for an order must be made not later than 6 months after person A becomes aware, or ought reasonably to have become aware, of the acquisition of the estate or interest by person B.
4: The applicant must serve notice of the application on—
a: the Registrar; and
b: the registered owner of every estate or interest in the land and every person noted on the register as entitled to an interest in the land; and
c: any other persons as the court directs.
55: Court may make order only in cases of manifest injustice
1: The court may make an order cancelling the registration of person B only if it is satisfied that it would be manifestly unjust for person B to remain the registered owner of the estate or interest.
2: For the purpose of subsection (1), the existence of forgery or other dishonest conduct does not, of itself, constitute manifest injustice.
3: An order under this section may be made only if the court is satisfied that in the circumstances the injustice could not properly be addressed by compensation or damages, whether under subpart 3
4: In determining whether to make an order, the court may take into account—
a: the circumstances of the acquisition by person B of the estate or interest; and
b: failure by person B to comply with any statutory power or authority in acquiring the estate or interest; and
c: if the estate or interest is in Māori freehold land, failure by a person to comply with Te Ture Whenua Maori Act 1993
d: the identity of the person in actual occupation of the land; and
e: the nature of the estate or interest, for example, whether it is an estate in fee simple or a mortgage; and
f: the length of time person A and person B have owned or occupied the land; and
g: the nature of any improvements made to the land by either person A or person B; and
h: the use to which the land has been put by either person A or person B; and
i: any special characteristics of the land and their significance for either person A or person B; and
j: the conduct of person A and person B in relation to the acquisition of the estate or interest; and
k: any other circumstances that the court thinks relevant.
5: The court may make an order under this section on any conditions that the court thinks fit (for example, an order relating to possession of the land).
56: Court must not make order if estate or interest transferred to third person
The court must not make an order under section 55
57: Registration of order of court
1: The Registrar of the court must serve a copy of the order on the Registrar.
2: The Registrar must, on receiving a copy of the order, make the alterations to the register required to give effect to the order.
3: Compensation
Grounds for compensation
58: Compensation for loss or damage resulting from Registrar's error or from system failure
1: This section applies to a person who suffers any loss or damage as a result of—
a: an error or a wrongful act or omission of the Registrar or of a person to whom a power or function is delegated under section 233
b: a failure or malfunction of a system or facility used to keep the register under section 9
2: The person may bring a proceeding in the court against the Crown for compensation. 1952 No 52 s 172(a)
59: Compensation for loss of estate or interest in land
1: A person may bring a proceeding in the court against the Crown for compensation if the person,—
a: by reason of anything in subsection (2), is deprived of an estate or interest in land; and
b: by this Act, is barred from bringing an action for possession or other action for recovery of the estate or interest (other than an application for an order under section 55
2: The things referred to in subsection (1) are as follows:
a: registration of another person as the owner of the estate or interest or of a different estate or interest under a void instrument or through fraud:
b: the bringing of land under the Act otherwise than in accordance with the procedure prescribed by this Act or any other Act:
c: an order under section 55
d: unlawful alterations to, or entries on, the register.
3: The liability of the Crown to pay compensation does not depend on whether the person acquired the estate or interest for valuable consideration. 1952 No 52 s 172(b)
60: Compensation for loss or damage occurring after search and before registration
1: In this section,— first period purchase money search copy second period transaction purchaser vendor
2: For the purposes of this section, a transaction is settled when—
a: the purchaser provides the purchase money to the vendor either in full or to the extent necessary to entitle the purchaser to require the vendor to do whatever the vendor is required to do to enable the purchaser to become registered as owner of the estate or interest to which the transaction relates; or
b: the parties otherwise agree.
3: Subsection (4) applies to a purchaser who,—
a: during the first period, obtains a search copy of the record of title for the land to which the transaction relates; and
b: suffers loss or damage because of the registration or lodging under this Act of an instrument or any other document relating to that land.
4: A purchaser may bring a proceeding in the court against the Crown for compensation if—
a: the search copy of the record of title does not disclose the registration or lodgement of the instrument or document; and
b: the instrument or document was registered or lodged before the earlier of the following:
i: the expiry of the second period:
ii: the registration of the instruments and documents required to give effect to the transaction.
5: The court may, on application by the purchaser, extend the second period if the court is satisfied that failure to register the instruments and documents within the second period was not due to the fault of the purchaser or the purchaser's practitioner or agent. 1952 No 52 s 172A
61: Exceptions to compensation
1: The Crown is not liable to pay compensation under section 58 59
a: the loss or damage results from a breach of trust by the claimant:
b: the loss or damage results from the improper exercise of a power of sale under a mortgage or re-entry under a lease:
c: the loss or damage results from the operation of an enactment other than this Act that overrides or limits the title to an estate or interest in land.
2: The Crown is not liable to pay compensation under section 59 Deeds Registration Act 1908
a: notice of a claim to the estate or interest was given to the Registrar; or
b: the Registrar had actual knowledge of the claim but failed to recognise it. 1952 No 52 ss 60 178 Notice of claim
62: Notice of claim
1: Before commencing a proceeding to recover compensation, a claimant must give not less than 20 working days' notice of a claim,—
a: if the amount of the claim does not exceed the prescribed amount, to the Registrar; or
b: if the amount of the claim exceeds the prescribed amount, to the Attorney-General and the Registrar.
2: The notice must contain the prescribed information. Consideration of claim
63: Consideration of claim
1: If the claim does not exceed the prescribed amount, the Registrar may accept Crown liability for payment of the whole or part of the claim without the need for the claimant to commence a proceeding.
2: If the claim exceeds the prescribed amount, the Attorney-General and the Registrar may accept Crown liability for payment of the whole or part of the claim without the need for the claimant to commence a proceeding. Calculation of compensation for deprivation of estate or interest in land
64: Maximum amount of compensation for deprivation of estate or interest in land
1: The maximum amount of compensation payable where a claimant has been deprived of an estate or interest in land is the value of the lost estate or interest in land.
2: Where the claimant is a mortgagee, no compensation is payable for any amount owing on the mortgage that exceeds the value of the estate or interest in land that the mortgagee has been deprived of.
3: This section is subject to sections 65 66 67 1952 No 52 s 179
65: Valuation of estate or interest in land and matters relating to onus of proof
1: The value of the estate or interest in land is the market value of that estate or interest at the date on which the claimant gained (or ought reasonably to have gained) knowledge that the loss had occurred.
2: The Crown has the onus of proof if it alleges that a reasonable person would have gained knowledge of the loss on an earlier date than the claimant.
66: Improvements made to land
1: The value of any improvements made to the land after the claimant gained (or ought reasonably to have gained) knowledge about the loss, are not to be taken into account when determining compensation unless the improvements were required to be carried out by or under any enactment or by order of a court.
2: The claimant has the onus of proof if the claimant alleges that any improvements were made before the claimant gained (or ought reasonably to have gained) knowledge of the loss.
67: Benefit obtained by claimant to be taken into account
The value of any benefit obtained by the claimant must be taken into account in determining the amount of compensation if the court or, as the case may be, the Attorney-General or Registrar considers it just in all the circumstances to do so.
68: Court’s discretion to adjust compensation
1: If the proceeding is in the court and the court considers that the amount of compensation determined in accordance with sections 64 to 67 section 65(1)
2: When deciding whether to adjust compensation up or down under subsection (1), the court must take into account—
a: whether the time taken by the claimant between the date on which the claimant gained (or ought reasonably to have gained) knowledge of the loss and the date on which the claimant gave notice under section 62
b: any increase in market values between the date set in section 65(1)
3: The court must not adjust compensation on any basis other than that provided for in subsection (1) or section 69
69: Contribution by claimant to loss
1: No compensation is payable under this subpart for any loss or damage suffered by a claimant—
a: wholly or partly as a result of the claimant’s own fraud; or
b: wholly as a result of the claimant’s own lack of proper care.
2: If any loss or damage is suffered by a claimant partly as a result of the claimant’s own lack of proper care, any compensation payable to the claimant is to be reduced to the extent that is fair having regard to the claimant’s share in the responsibility for the loss or damage.
3: For the purpose of subsection (1), any contribution by a claimant's practitioner to the loss or damage is not to be treated as a contribution by the claimant.
4: For the purpose of this section, a lack of proper care may include, without limitation, signing an instrument or authorising the registration of an instrument without seeking independent legal advice or taking other reasonable and prudent steps to ascertain the effect of the instrument.
5: The Contributory Negligence Act 1947
70: Award of interest on compensation
The amount of compensation ordered by the court, or accepted by the Attorney-General and the Registrar under this subpart, may include interest at the prescribed rate from the date of the claim to the date of judgment or acceptance. Further provisions where compensation paid
71: Right of subrogation
The Crown is subrogated, to the extent of any compensation made or to be made, to all the rights and remedies a claimant may have, but for the subrogation, in relation to the matter to which the claimant’s claim relates.
72: Certain compensation recoverable by Crown as debt
1: Subsection (2) applies if an amount of compensation is paid by the Crown under this Act for loss or damage that results from fraud.
2: The amount of compensation, and any costs incurred by the Crown in relation to the claim or proceeding, may be recovered by the Crown as a debt due from the person responsible for the fraud.
3: Subsection (4) applies if an amount of compensation is paid by the Crown under section 60
4: The amount of compensation, and any costs incurred by the Crown in relation to the claim or proceeding, to the extent that it may properly be attributed to that practitioner's negligence, may be recovered by the Crown as a debt due from the practitioner. 1952 No 52 s 175(1), (1A)
3: Dealings in estates and interests in land
1: Transfers, transmissions, and vesting
Transfers of estates and interests
73: Transfer of estates and interests
1: A transfer instrument must be used in order to register the transfer of an estate or interest in land under this Act.
2: A transfer instrument must contain the prescribed information.
3: A transfer instrument must be executed—
a: by the registered owner of the estate or interest; and
b: in the case of a transfer instrument that contains covenants binding on a person, by that person.
4: To avoid doubt, a transfer instrument may also be used in order to—
a: register under section 76
b: register under section 108 profit à prendre profit à prendre
c: note on the register under section 116
i: a covenant to which section 307 307F
ii: the assignment of the benefit of a covenant in gross to which section 307F 1952 No 52 s 90
74: Transfer of part of land in record of title
1: This section applies on registration of a transfer instrument that transfers a freehold estate in possession in part of the land recorded in a record of title.
2: The Registrar—
a: must cancel the record of title to the extent that it relates to the land transferred; and
b: may create a new record of title for the land transferred in the name of the transferee; and
c: may create a new record of title in the name of the registered owner for the part of the land not transferred. 1952 No 52 ss 92–94
75: Effect of transfer of leases and mortgages
On registration of a transfer instrument that transfers or assigns an estate or interest under a registered lease or mortgage, the transfer or assignment takes effect in accordance with the Property Law Act 2007
a: the estate or interest vests in the transferee; and
b: the transferee acquires the rights and becomes subject to the obligations of the transferor. 1952 No 52 s 97
76: Life and other limited freehold estates
1: A transfer instrument must be used by the registered owner of a fee simple estate in order to register the following freehold estates:
a: a life estate with successive future estates; or
b: any other freehold estate that terminates when a future event happens.
2: On registration of the transfer instrument, the Registrar must—
a: cancel the record of title for the fee simple estate; and
b: create a new record of title for the life estate or other freehold estate in the name of the owner of the estate; and
c: record on the new record of title the registered interest of every person entitled to a future estate.
3: The Registrar must, on application by a person who becomes vested in possession of a future estate,—
a: cancel the record of title for the life estate or other freehold estate; and
b: create a new record of title for the estate in the name of that person. 1952 No 52 s 95 Tax statement required for registration of instrument to transfer some estates in land
77: Interpretation
1: For the purpose of this section and sections 78 to 86 certifier section 27 chief executive exempt transfer section 78 IRD number section 3(1) nominee section YB 21(2) non-notifiable transfer specified estate in land
a: freehold estates, including fee simple and life estates; and
b: leasehold estates; and
c: stratum estates in freehold as defined in the Unit Titles Act 2010
d: stratum estates in leasehold as defined in the Unit Titles Act 2010
e: licences to occupy (as defined in section 122(1)
f: any other estate in land declared to be a specified estate in land by regulations made under this Act tax information section 79(1)(a) section 80 tax statement
a: sections 78 79
b: if applicable, section 80
2: 1952 No 52 s 156A Section 77(1) IRD number inserted 30 March 2021 section 196(2) Taxation (Annual Rates for 2020–21, Feasibility Expenditure, and Remedial Matters) Act 2021 Section 77(1) main home repealed 1 January 2020 section 131(1) Taxation (Annual Rates for 2019–20, GST Offshore Supplier Registration, and Remedial Matters) Act 2019 Section 77(1) non-notifiable transfer inserted 1 January 2020 section 131(2) Taxation (Annual Rates for 2019–20, GST Offshore Supplier Registration, and Remedial Matters) Act 2019 Section 77(1) offshore person repealed 1 January 2020 section 131(1) Taxation (Annual Rates for 2019–20, GST Offshore Supplier Registration, and Remedial Matters) Act 2019 Section 77(1) tax information replaced 30 March 2021 section 196(2) Taxation (Annual Rates for 2020–21, Feasibility Expenditure, and Remedial Matters) Act 2021 Section 77(2) repealed 1 January 2020 section 131(3) Taxation (Annual Rates for 2019–20, GST Offshore Supplier Registration, and Remedial Matters) Act 2019
78: 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 when lodging the instrument for registration.
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 34
4: This section does not apply to an exempt transfer. 1952 No 52 s 156B
79: Content of tax statement
1: A tax statement must—
a: contain the prescribed information; and
b: be completed by or on behalf of the transferor or transferee; and
c: be signed by the transferor or transferee.
2: If the prescribed information includes the transferor’s or transferee’s IRD number and they do not have one, they must request an IRD number for the purpose of providing that information. Section 79 replaced 30 March 2021 section 197 Taxation (Annual Rates for 2020–21, Feasibility Expenditure, and Remedial Matters) Act 2021
80: Omissions and errors
1: An omission or error in any tax information provided in accordance with section 78(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 79 section 78(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 78(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 78(3)
2: An omission or error in any tax information provided in accordance with section 78(2) or (3) sections 78 79
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. 1952 No 52 s 156D
81: 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 78(2) or (3) 80
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. 1952 No 52 s 156E
82: 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 Family Violence Act 2018 1952 No 52 s 156F Section 82(3) amended 1 July 2019 section 259(1) Family Violence Act 2018
82A: Chief executive must supply tax information to Statistician
1: The chief executive must supply to the Statistician (as defined in section 6 for the purposes of the Data and Statistics Act 2022
2: Subsection (1) applies despite anything in the Family Violence Act 2018 Section 82A inserted 30 March 2021 section 198 Taxation (Annual Rates for 2020–21, Feasibility Expenditure, and Remedial Matters) Act 2021 Section 82A(1) amended 1 September 2022 section 107(1) Data and Statistics Act 2022
83: Other provisions concerning use of tax information
1: The chief executive may release tax information, other than identifying information,
a: in aggregate form only; and
b: in a manner that prevents any particular person, estate in land, or transaction from being identified.
2: In this section, identifying information
a: a person’s name:
b: a person’s IRD number:
c: a person’s number in another jurisdiction that is equivalent to an IRD number:
d: any other tax information declared to be identifying information by regulations made under this Act. 1952 No 52 s 156G Section 83(1) amended 30 March 2021 section 199(1) Taxation (Annual Rates for 2020–21, Feasibility Expenditure, and Remedial Matters) Act 2021 Section 83(2) inserted 30 March 2021 section 199(2) Taxation (Annual Rates for 2020–21, Feasibility Expenditure, and Remedial Matters) Act 2021
84: 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 78(2) 80
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 78(3) 80
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. 1952 No 52 s 156H
85: 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 78 80 82 82A 83 84 86
2: Tax information does not form part of the register and must not be made accessible to the public. 1952 No 52 s 156I Section 85(1) amended 30 March 2021 section 200 Taxation (Annual Rates for 2020–21, Feasibility Expenditure, and Remedial Matters) Act 2021
86: 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 78 80 82 82A 83 84
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 81
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
aa: the Statistician (as defined in section 6
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) 1952 No 52 s 156J Section 86(1)(a) amended 30 March 2021 section 201(1) Taxation (Annual Rates for 2020–21, Feasibility Expenditure, and Remedial Matters) Act 2021 Section 86(2) authorised person inserted 30 March 2021 section 201(2) Taxation (Annual Rates for 2020–21, Feasibility Expenditure, and Remedial Matters) Act 2021 Section 86(2) authorised person amended 1 September 2022 section 107(1) Data and Statistics Act 2022 Transmissions
87: Transmission instrument required to register transmission
1: A transmission instrument must be used in order to register a person (the applicant
2: A transmission instrument must contain the prescribed information. 1952 No 52 s 122
88: Effect of registering transmission instrument
On registration of a transmission instrument, the applicant—
a: becomes registered as the owner of the estate or interest to which the transmission relates; and
b: holds the estate or interest subject to any equitable or other interests to which it was subject. 1952 No 52 s 123 Vesting
89: Vesting of land by court order
1: A sealed copy of an order of a court of competent jurisdiction that vests an estate or interest in land in a person may be lodged for registration under this Act.
2: The Registrar must register the order.
3: On registration of the order, the estate or interest vests in the person named in the order on the terms and conditions stated in the order. 1952 No 52 s 99
90: Vesting of land by statute
1: A person may apply to the Registrar to register the vesting under an enactment of an estate or interest in land.
2: The application must contain the prescribed information.
3: The Registrar must register the vesting of the estate or interest in accordance with the enactment. 1952 No 52 s 99A
2: Leases
91: Lease instrument required to register lease
1: A lease instrument must be used in order to register a lease of land under this Act.
2: The lease instrument must contain the prescribed information.
3: The lease instrument must be executed by—
a: the lessor; and
b: the lessee.
4: The consent of a registered mortgagee of an estate or interest in land to be leased must be obtained before registration of a lease instrument.
5: The consent referred to in subsection (4) binds the mortgagee and every person who subsequently derives an interest in the mortgage from the mortgagee. 1952 No 52 ss 115 119
92: Variation of leases
1: A lease variation instrument must be used in order to register—
a: an extension of the term of a registered lease; or
b: a variation of the covenants or conditions contained in a registered lease.
2: The lease variation instrument must contain the prescribed information.
3: The lease variation instrument must be registered before the expiry of the current term of the lease.
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 and conditions, with any necessary modifications, as are contained in the lease.
5: A lease variation instrument must be executed by—
a: the lessor; and
b: the lessee.
6: On registration of the lease variation instrument, the lease—
a: continues to be subject to the registered or noted interests to which the lease was subject immediately before registration of the lease variation instrument; and
b: has the benefit of the registered or noted interests—
i: of which the lease had the benefit immediately before registration of the lease variation instrument; and
ii: that the registered owner of the burdened land consents to continuing to benefit the lease.
7: A lease variation instrument must not be used to—
a: add any land or estate or interest in land to the land or estate or interest in land to which the original lease was subject; or
b: remove any land or estate or interest in land from the land or estate or interest in land to which the original lease was subject. 1952 No 52 ss 116 119
93: Consent of registered mortgagee to variation of lease
1: The consent of a registered mortgagee of an estate or interest in land subject to a lease must be obtained before registration of a lease variation instrument.
2: If a lease variation instrument relates to a cross lease, the consent of the following must be obtained before registration of the lease variation instrument:
a: any registered mortgagee of the cross lease:
b: any other registered mortgagee of a cross lease held by a person who has an estate or interest in an undivided share in the same land.
3: In this section, cross lease
94: Surrender of lease
1: A lease surrender instrument must be used in order to register the surrender of a registered lease.
2: The lease surrender instrument must contain the prescribed information.
3: The lease surrender instrument must be executed by—
a: the lessor; and
b: the lessee.
4: A lease subject to a mortgage or a sublease must not be surrendered without the consent of the mortgagee or sublessee.
5: The consent of a sublessee to the surrender of a lease is not required if—
a: the lease surrender instrument states that the lease is surrendered under section 216
b: the new lease is lodged for registration immediately after the lease surrender instrument.
6: If a lease is surrendered with the consent of a mortgagee or sublessee and the mortgage or sublease is not registered on the record of title of a replacement lease under section 95
a: the mortgage or sublease is extinguished; and
b: the Registrar must cancel the entry on the record of title. 1952 No 52 s 120
95: Registration of interests on replacement lease
1: In this section, replacement lease
a: that is a renewal of, or in substitution for, a prior lease; and
b: that takes effect immediately on the expiry or surrender of the prior lease; and
c: that is between the same parties as the parties to the prior lease; and
d: in relation to which the lessee is the registered owner, or the personal representative of the owner, of the prior lease at the time of the registration of the lease or on the expiry or surrender of the prior lease, whichever is earlier; and
e: that relates to the same parcel of land as the prior lease.
2: The following persons may apply to the Registrar to register a lease as a replacement lease:
a: the lessee:
b: the owner, or the personal representative of the owner, of any interest to which the prior lease was subject.
3: On registration, the replacement lease—
a: becomes subject to the registered or noted interests to which the prior lease was subject at the time of its expiry or surrender; and
b: has the benefit of the registered or noted interests—
i: of which the prior lease had the benefit at the time of its expiry or surrender; and
ii: that the owner of the burdened land consents to continuing to benefit the lease.
4: The Registrar must record the interests referred to in subsection (3) on the record of title for the replacement lease in the order of their registered priority.
5: Unless the context otherwise requires, references in any other enactment or in an agreement, deed, instrument, notice, or other document to the prior lease or to the estate of the lessee under the prior lease must be read as references to the replacement lease or to the estate of the lessee under the replacement lease. 1952 No 52 s 117
96: Recording of interests when lessee acquires fee simple
1: This section applies if the lessee under a registered lease of land acquires the fee simple estate in the land.
2: The lessee may apply to the Registrar to—
a: note the merger of the fee simple and leasehold estates; and
b: record on the record of title for the fee simple estate—
i: all registered or noted interests to which the lease was subject; and
ii: all registered or noted interests of which the lease had the benefit immediately before registration of the transfer, if the registered owner of the burdened land consents.
3: On registration of the transfer of the fee simple estate in the land to the lessee or to his or her personal representative, and the noting of the merger, the record of title of the fee simple estate—
a: becomes subject to all registered or noted interests to which the lease was subject immediately before registration of the transfer; and
b: has the benefit of all registered or noted interests of which the lease had the benefit immediately before registration of the transfer and to which the registered owner of the burdened land has consented.
4: If the registered owner of burdened land referred to in subsection (3)(b) does not consent to a registered or noted interest referred to in that paragraph, the interest terminates on registration of the transfer of the fee simple estate and noting of the merger, and must not be recorded on the record of title of the fee simple estate.
5: Interests to which the fee simple estate is subject immediately before registration of the transfer of the fee simple estate take priority over the interests referred to in subsection (3).
6: The interests referred to in subsection (3) have, as between themselves, the same priority they had immediately before the registration of the transfer.
7: This section does not apply to a lease of land under the Land Act 1948 1952 No 52 s 118A
97: Covenant by or right for lessee to purchase fee simple estate
1: A registered lease may include—
a: a covenant by the lessee to purchase the fee simple estate; or
b: a right for the lessee to purchase the fee simple estate.
2: The lessor must, when required to do so by the lessee in accordance with the lease, transfer the fee simple estate to the lessee if the lessee—
a: pays the purchase money; and
b: performs any covenants and obligations that must be performed under the lease for the lessee to purchase the fee simple.
3: A covenant or right to which subsection (1) applies is an interest in land to which section 51 1952 No 52 s 118
98: Re-entry by lessor
1: The lessor of leased land who takes possession of the leased land under an order of the court or who re-enters the leased land in exercise of a right to cancel the lease under section 244
2: If the lessor takes possession of the leased land under an order of the court,—
a: the application must be accompanied by a sealed copy of the order; and
b: the Registrar must note the records of title to the effect that the lessor has taken possession of the leased land.
3: If the lessor re-enters the leased land in exercise of a right to cancel the lease under section 244
a: the Registrar must be satisfied that—
i: the lessor has served on the lessee a notice of intention to cancel the lease in accordance with the requirements of the Property Law Act 2007; and
ii: at the expiry of a period that is reasonable in the circumstances, the breach to which section 244
b: the Registrar must note the records of title to the effect that the lessor has taken possession of the leased land.
4: On noting of the record of title, the estate of the lessee and of every person claiming under the lessee terminates.
5: Termination under subsection (4) does not release a person from liability for breach of a covenant or condition contained or implied in the lease. 1952 No 52 s 121
3: Mortgages
99: Mortgage takes effect only as security
A mortgage under this Act takes effect only as security and not as a transfer of the estate or interest charged. 1952 No 52 s 100
100: Mortgage instrument required to register mortgage
1: Except as provided in subsection (3), a mortgage instrument must be used in order to register a mortgage of an estate or interest in land under this Act.
2: A mortgage instrument must—
a: be executed by the mortgagor; and
b: contain the prescribed information.
3: An encumbrance instrument must be used in order to register an encumbrance over an estate or interest in land.
4: An encumbrance instrument must—
a: be executed by the encumbrancer; and
b: contain the prescribed information. 1952 No 52 s 101
101: Mortgage variation instrument required to vary mortgage
1: A mortgage variation instrument must be used in order to register a variation of any of the following terms of a registered mortgage:
a: the amount or stated priority limit secured by the mortgage:
b: the rate of interest:
c: the term or currency of the mortgage:
d: the covenants, conditions, and powers contained or implied in the mortgage.
2: A mortgage variation instrument must be executed—
a: by the mortgagor, unless the variation only reduces the amount secured or the stated priority limit or the rate of interest; and
b: by the mortgagee, unless the variation only increases the amount secured or the stated priority limit or the rate of interest.
3: A mortgage variation instrument must contain the prescribed information.
4: The consent of a subsequent mortgagee must be obtained before registration of the mortgage variation instrument unless the variation only reduces the amount secured or the stated priority limit or the rate of interest.
5: The consent under subsection (4) binds the mortgagee who gives consent and every person who subsequently derives an interest in the mortgage from the mortgagee who gives consent.
6: The consent of a submortgagee of a mortgage must be obtained to the variation of the mortgage.
7: The consent under subsection (6) binds the submortgagee and every person who subsequently derives an interest in the mortgage from the submortgagee. 1952 No 52 ss 102(1)–(3) 114
102: Mortgage priority instrument required to vary priority of mortgages
1: A mortgage priority instrument must be used in order to register a variation of the priority of registered mortgages between themselves.
2: Despite section 35
3: The prescribed conditions and powers are, on registration of a mortgage priority instrument, implied in a mortgage the priority of which is postponed, except as otherwise stated in the instrument.
4: A mortgage priority instrument must be executed by—
a: the mortgagor; and
b: the mortgagee under a mortgage that, on registration of the mortgage priority instrument, will rank after a mortgage over which it had priority immediately before registration of the instrument.
5: A mortgage priority instrument must contain the prescribed information.
6: The consent of a submortgagee of a mortgage must be obtained before registration of a mortgage priority instrument that postpones the priority of that mortgage.
7: The consent under subsection (6) binds the submortgagee and every person who subsequently derives an interest in the submortgage from the submortgagee.
8: In this section, mortgage 1952 No 52 s 103
103: Transfer of mortgaged land by mortgagee sale
1: The estate or interest of a mortgagor in land vests in the purchaser of the land on registration of a transfer instrument executed by a mortgagee for the purpose of exercising a power of sale under a mortgage.
2: The estate or interest transferred vests in the purchaser freed of and discharged from—
a: liability under the mortgage; and
b: any other mortgage or interest that does not have priority over the mortgage or that is not binding on the mortgagee.
3: The transfer instrument cannot be registered if the mortgage is subject to a submortgage. 1952 No 52 s 105
104: Discharge of mortgage
1: A mortgage discharge instrument must be used in order to discharge a registered mortgage.
2: The estate or interest identified in the instrument ceases to be subject to the mortgage on registration of a mortgage discharge instrument.
3: A mortgage discharge instrument must—
a: be executed by the mortgagee; and
b: contain the prescribed information.
4: A mortgage discharge instrument cannot be registered if the mortgage is subject to a submortgage. 1952 No 52 s 111
105: Court may order mortgage to be discharged if mortgagee's remedies barred by Limitation Act 2010
1: The court may, on application by the registered owner of an estate or interest in land that is subject to a registered mortgage, order that the mortgage is discharged if the court is satisfied that—
a: a proceeding by the mortgagee for payment of money secured by the mortgage is barred by the Limitation Act 2010
b: except for an application under subpart 1 Limitation Act 2010
2: The Registrar must register the order discharging the mortgage on lodgement of a sealed copy of the order.
3: The mortgage is discharged on registration of the order.
4: The court may direct that—
a: public notice of an application be given under this section:
b: notice of the application be served on any person the court specifies. 1952 No 52 s 112
106: Discharge of mortgage securing annuity or rentcharge
1: The Registrar must register the discharge of a mortgage that secures the payment of an annuity if the Registrar is satisfied that all arrears owing under the mortgage have been paid, satisfied, or discharged, and—
a: the annuitant has died; or
b: the annuity has ceased in accordance with the terms of the mortgage instrument.
2: The Registrar must register the discharge of a mortgage that secures a rentcharge if the Registrar is satisfied that—
a: the rentcharge has ceased to be payable in accordance with the terms of the mortgage instrument; and
b: all arrears owing under the mortgage have been paid, satisfied, or discharged. 1952 No 52 s 113
4: Easements,
profits à prendre Easements and profits à prendre
107: Interpretation
In this subpart,— grantee profit à prendre
a: the registered owner of the benefited land or, if the benefited land is land of the Crown with no registered owner, the Sovereign; or
b: the person entitled to the benefit of the easement or profit à prendre grantor profit à prendre rights and powers 1952 No 52 s 90E
108: Registration and surrender of easements and
profits à prendre
1: The following must be used in order to register an easement or a profit à prendre profit à prendre
a: an easement instrument under section 109
b: a transfer instrument under section 73
c: in the case of an easement, a deposit document under section 110 section 224
2: A transfer instrument used for the purposes of subsection (1) must be executed by the grantor and the grantee.
3: An easement may be registered even though the same person is the grantor and the grantee.
4: The Registrar must register the easement or profit à prendre
5: The Registrar must create a record of title for an easement or a profit à prendre 1952 No 52 ss 90 90A 90B 90E
109: Easement instruments
1: An easement instrument must contain the prescribed information.
2: An easement instrument must be executed by the grantor and the grantee.
3: The consent of a registered mortgagee of the burdened land must be obtained before registration of an instrument to register an easement or a profit à prendre
4: The consent of a registered mortgagee of any benefited land or of any easement or profit à prendre profit à prendre
5: The consent of a mortgagee under subsection (3) or (4) binds—
a: the mortgagee; and
b: any person who subsequently derives an interest in the mortgage from the mortgagee. 1952 No 52 ss 90A 90E
110: Creation or surrender of easement on deposit of plan
1: A deposit document that specifies the matters referred to in subsection (3) may be used in order to create or surrender an easement.
2: The deposit document must be in a form specified by the Registrar under section 225
3: The matters that must be specified are—
a: the burdened land and, except for an easement in gross, the benefited land, including reference to the register; and
b: the nature and extent of the easement; and
c: if the easement is being created, the rights and powers that will apply to the easement by reference, without modification, to rights and powers—
i: prescribed by regulations; or
ii: contained in a memorandum registered under section 209
4: The deposit document must be executed by the grantor and the grantee.
5: The consent of a registered mortgagee of the burdened land must be obtained before an easement is created under this section.
6: The consent of a registered mortgagee of any benefited land or of the easement must be obtained before an easement is surrendered under this section.
7: The consent of a mortgagee under subsection (5) or (6) binds—
a: the mortgagee; and
b: any person who subsequently derives an interest in the mortgage from the mortgagee.
8: An easement is created or surrendered under this section on the deposit under section 224 1952 No 52 ss 90B 90E
111: Rights and powers implied in easements
1: Regulations may prescribe the rights and powers that are implied in different classes of registered easement.
2: On registration of an easement of a class prescribed by regulations, the grantee has the rights and powers implied in easements of that class.
3: Despite subsection (2), an instrument to register an easement may—
a: vary implied rights and powers; or
b: include other rights and powers; or
c: exclude implied rights and powers.
4: Subsection (3) does not apply to an easement created under section 110
5: The rights and powers that apply to an easement under this section bind the grantor and the grantee.
6: Nothing in this section limits sections 26(4) 27(3) 28(3) 1952 No 52 s 90D
112: Easement variation instrument required to vary easements and
profits à prendre
1: An easement variation instrument must be used in order to register a variation or an addition to, or an exclusion of, the rights and powers that apply to a registered easement or profit à prendre
2: An easement variation instrument must contain the prescribed information.
3: An easement variation instrument must be executed by the grantor and the grantee.
4: The consent of the following persons must be obtained before registration of an easement variation instrument:
a: a registered mortgagee of the easement or profit à prendre
b: a registered mortgagee of the burdened land and of any benefited land.
5: The consent of a mortgagee under subsection (4) binds—
a: the mortgagee; and
b: any person who subsequently derives an interest in the mortgage from the mortgagee. 1952 No 52 ss 90C 90E
113: Merger, and extinguishment through lapse of time, of easements and
profits à prendre
1: The grantor or the grantee of an easement or a profit à prendre profit à prendre
2: For the purposes of this section, an easement or a profit à prendre profit à prendre
3: The application must contain the prescribed information.
4: The Registrar must, if satisfied that the easement or profit à prendre
5: The interest of the grantee of the easement or profit à prendre 1952 No 52 s 70
114: Extinguishment of easements and
profits à prendre
1: The grantor or the grantee of an easement or a profit à prendre profit à prendre
2: For the purposes of this section, an easement or a profit à prendre profit à prendre profit à prendre
3: The application must contain the prescribed information.
4: If the Registrar, after considering the application, is not satisfied that the easement or profit à prendre
5: Otherwise, the Registrar must give notice of the application as follows:
a: public notice; and
b: notice to every person who appears to the Registrar to have an interest under the easement or profit à prendre
6: A notice under subsection (5) must—
a: contain the prescribed information; and
b: state that a person who claims to have an interest under the easement or profit à prendre
c: specify the prescribed period within which the person may object to the application.
7: The Registrar must, after considering any objections, decide whether he or she is satisfied that the easement or profit à prendre
8: The Registrar must, if satisfied that the easement or profit à prendre
9: The interest of the grantee of the easement or profit à prendre 1952 No 52 s 70
115: Redundant easements
1: The grantor or the grantee of an easement may apply to the Registrar to make an entry on a record of title that the easement is extinguished.
2: For the purposes of this section, an easement is extinguished if it is redundant, meaning that—
a: all or part of the benefited land no longer adjoins the burdened land as a result of a subdivision or for any other reason; and
b: as a result, the easement has no practical effect.
3: The application must contain the prescribed information.
4: If the Registrar, after considering the application, is not satisfied that the easement is extinguished, the Registrar must give notice of that decision to the applicant.
5: Otherwise, the Registrar must give notice of the application as follows:
a: public notice; and
b: notice to every person who appears to the Registrar to have an interest under the easement.
6: A notice under subsection (5) must—
a: contain the prescribed information; and
b: state that a person who claims to have an interest under the easement may object to the application by giving notice to the Registrar; and
c: specify the prescribed period within which the person may object to the application.
7: The Registrar must, after considering any objections, decide whether he or she is satisfied that the easement is extinguished and give notice of the decision to the applicant and each objector.
8: The Registrar must, if satisfied that the easement is extinguished, make an entry on the record of title to that effect.
9: The interest of the grantee of the easement and of every person claiming under the grantee is extinguished when the entry is made on the record of title.
10: Nothing in this section applies to an easement in gross. 1952 No 52 s 70 Notation of covenants under Property Law Act 2007
116: Notation of covenants under Property Law Act 2007
1: A covenant instrument must be used in order to note on the register—
a: a positive or restrictive covenant to which section 307
b: a covenant in gross to which section 307F
c: the revocation of a covenant referred to in paragraph (a) or (b).
2: However, a covenant must also be noted on the register on registration of a transfer instrument under section 73
3: A covenant variation instrument must be used in order to note on the register that a covenant is affected or modified.
4: A covenant instrument and a covenant variation instrument must contain the prescribed information.
5: A covenant instrument and a covenant variation instrument must be executed by the covenantor and the covenantee.
6: Notation of a covenant under section 307
7: Notation of a covenant in gross under section 307F
8: A transfer instrument must be used in order to note on the register the assignment of the benefit of a covenant in gross to which section 307F 1952 No 52 s 90F
5: Statutory land charges
117: Application of this subpart
1: This subpart applies to a charge on land created or arising by virtue of the operation of any enactment other than this Act.
2: This subpart does not apply to a charge created or arising under an Act other than this Act that makes express provision for the manner and effect of the registration of the charge.
3: A charge cannot be registered under this Act against land owned by the Crown unless expressly authorised by another Act. 1928 No 18 s 4
118: Registration of charge
1: A charge to which this subpart applies may be registered by lodging a notice with the Registrar.
2: The notice must—
a: contain the prescribed information; and
b: be executed by the person entitled to the benefit of the charge.
3: The Registrar must register the charge on receipt of the notice.
4: The amount of any fee payable to register the charge is in addition to the amount secured by the charge and may be recovered by the person who pays it from the owner of the estate or interest against which the charge is registered. 1928 No 18 s 6
119: Priority of charge
1: The priority of a charge registered under this subpart is determined in accordance with this Act.
2: Subsection (1) is subject to any other Act under which the priority of a charge is determined. 1928 No 18 s 5(1) s 3(1)
120: Release of charge
1: A certificate of release of charge may be lodged with the Registrar to release any land from the whole or part of a registered charge.
2: The certificate must—
a: contain the prescribed information; and
b: be executed by the person entitled to the benefit of the charge.
3: The Registrar may, on application by the registered owner of land against which a charge is registered, release or partially release the charge if satisfied that—
a: the charge has been wholly or partly satisfied; and
b: it is impossible or impracticable to obtain a certificate for the purposes of subsection (1). 1928 No 18 s 7
121: Protection of Registrar
The Registrar is entitled, without making any further inquiries, to—
a: register a charge under section 118
b: release a charge under section 120
i: contained in a certificate under subsection (2) of that section; or
ii: provided by the applicant under subsection (3) of that section. 1928 No 18 s 11(1)
6: Flat and office owning companies
122: Interpretation
1: In this subpart, unless the context otherwise requires,— company section 2(1) constitution section 2(1) flat licence to occupy licence
a: grants the shareholder the right to occupy or use a specified flat or office by virtue of the shares held by the shareholder; or
b: is evidence of the right of the shareholder by virtue of the shares held by the shareholder to occupy or use a specified flat or office licensee licensor office registered
a: in relation to a licence, registered in accordance with section 124
b: in relation to an instrument registered against a licence, registered in accordance with section 127 share certificate share register section 2(1)
2: In this section, a reference to a right to occupy or use a flat or an office includes rights conferred by the constitution of the company or the licence to use a garage, outbuilding, or other structure or any passages, stairways, or other facilities or services in the building of which the flat or office forms part or on the land adjoining the building. 1952 No 52 s 121A
123: Issue of share certificates
1: A 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: If a company fails to comply with subsection (1),—
a: the company commits an offence and is liable on conviction to a fine not exceeding $5,000:
b: every director of the company commits an offence and is liable on conviction to a fine not exceeding $5,000, unless the director shows that—
i: the company took all reasonable steps to ensure that the requirements of that subsection were 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. 1952 No 52 s 121B
124: Registration of licence to occupy
1: A licence may be registered by entering it on the record of title created under section 12
2: Subpart 2 1952 No 52 s 121C
125: Registrar may require plan
The Registrar may require a person who lodges a licence for registration to lodge a plan for deposit that identifies—
a: the flat or office comprised in the licence in relation to—
i: the land in the record of title; and
ii: the building containing the flat or office; and
iii: if the Registrar requires it, other flats or offices in the building; and
b: every garage, outbuilding, or other structure and every passage, stairway, or other facility of the building of which the flat or office forms part that the licensee has a right to use; and
c: any land the licensee has the right to use that adjoins the building. 1952 No 52 s 121D
126: Effect of registration of licence
1: A registered licence is an interest noted on the record of title to which section 52(1)(b)
2: Apart from the effect of subsection (1), registration of a licence does not give it any greater operation than it would have if it were not registered.
3: An entry on a registered licence that appears to have been validly made—
a: is admissible in a court as evidence of the particulars contained in it; and
b: as against the original licensee and all persons claiming through, under, or in trust for the original licensee, is conclusive evidence that the person named in the entry is the owner of the estate or interest of which that person is stated to be the owner. 1952 No 52 s 121F
127: Registration of instruments against licence
An instrument that can be registered against a lease registered under this Act may be registered against a licence registered under section 124 1952 No 52 s 121E(1)
128: Mortgage of licence
1: The mortgagee of a registered licence must notify the company that issued the licence of—
a: the particulars of the mortgage:
b: any discharge of the mortgage.
2: On receiving a notice under subsection (1), the company must—
a: record the particulars of the mortgage or of the discharge of the mortgage on the company’s copy of the share certificate and the licence; and
b: record in the share register against the entry relating to the licence that—
i: the licence is subject to the mortgage, together with the number of the registered mortgage; or
ii: the mortgage has been discharged.
3: The company must record particulars of a mortgage of a licence that were recorded on a share certificate that has been lost, destroyed, or defaced on any replacement share certificate.
4: If a company fails to comply with subsection (2) or (3),—
a: the company commits an offence and is liable on conviction to a fine not exceeding $5,000:
b: every director of the company commits an offence and is liable on conviction to a fine not exceeding $5,000, unless the director shows that—
i: the company took all reasonable steps to ensure that the requirements of the applicable subsection were complied with; or
ii: he or she took all reasonable steps to ensure that the company complied with the requirements of the applicable 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 applicable subsection. 1952 No 52 s 121G
129: Rights of mortgagee of registered licence
The mortgagee or, if there is more than 1 mortgagee, the first mortgagee of a registered licence is entitled to—
a: have custody of the licensee’s copy of the licence and the share certificate for the shares to which the licence relates; and
b: receive notice of any meeting of the company of which the licensee is entitled to receive notice; and
c: attend meetings of the company as proxy of the licensee and, if present, to vote at those meetings instead of the licensee. 1952 No 52 s 121H
130: Restriction on disposal of licence or shares if licence subject to mortgage
1: If a licence is subject to a registered mortgage,—
a: the consent of the mortgagee is not required to the sale or other disposal of the licence; and
b: the consent of the mortgagee is not required where the company cancels, revokes, rescinds, or accepts a surrender of the 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 to register the mortgage against the new licence under section 134
2: Neither the company nor any director or officer of the company may register a transfer or other disposition of the shares to which a licence that is subject to a registered mortgage relates unless—
a: the consent of the mortgagee has been endorsed on or attached to the instrument of transfer or other disposition; or
b: the request referred to in subsection (1)(b) has been deposited with the company for presentation to the Registrar.
3: None of the following has any force or effect if the requirements of this section are not complied with:
a: a transfer or other disposition of any shares to which a licence relates:
b: a new licence issued in place of a licence that has been cancelled, revoked, rescinded, or surrendered, if the request referred to in subsection (1)(b) is not made. 1952 No 52 s 121I
131: Restrictions on cancellation, etc, of licence subject to registered mortgage
1: A company that granted a licence that is subject to a registered mortgage must not cancel, revoke, or rescind the licence or forfeit any of the shares to which the licence relates unless—
a: the company gives notice to the mortgagee specifying the matters required to be remedied in order to prevent the company from taking any of the action referred to in this subsection; and
b: the company allows the mortgagee a reasonable time, which must be specified in the notice, to remedy the matters; and
c: the matters have not been remedied within the time specified.
2: Nothing in subsection (1) applies if—
a: the mortgagee consents to the action by the company; or
b: where section 130 1952 No 52 s 121J
132: Registration of cancellation, etc, of licence
1: If a company cancels, revokes, or rescinds a registered licence, the company must present to the Registrar—
a: a notice executed by the company of the cancellation, revocation, or rescission; and
b: if the licence is subject to a registered mortgage,—
i: a certificate that meets any prescribed requirements, executed by the company, stating that the notice required by section 131(1)
ii: a copy of the mortgagee’s consent under section 131(2)
2: No cancellation, revocation, or rescission of a registered licence is effective until it has been recorded on the register.
3: If a company fails to comply with subsection (1),—
a: the company commits an offence and is liable on conviction to a fine not exceeding $5,000:
b: every director of the company commits an offence and is liable on conviction to a fine not exceeding $5,000, unless the director shows that—
i: the company took all reasonable steps to ensure that the requirements of that subsection were 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. 1952 No 52 s 121K
133: Surrender of licence
1: A licence surrender instrument must be used in order to register a surrender of a registered licence.
2: The licence surrender instrument must contain the prescribed information.
3: The licence surrender instrument must be executed by—
a: the company; and
b: the licensee.
4: A licence must not be surrendered if it is subject to a mortgage.
134: Bringing down of mortgage on new licence
1: This section applies if—
a: a licence is subject to a registered mortgage; and
b: the licensee transfers the shares in the company to another person; and
c: as a result of the transfer of the shares, the company cancels, revokes, or rescinds the licence, or the licence is surrendered, and the company then issues a new licence for the same flat or office to the person who acquires the shares (the new licensee
2: The new licensee may, on presenting the new licence for registration, apply to the Registrar to register the mortgage against the new licence or, if there is more than 1 mortgage, such of the mortgages as the new licensee specifies.
3: On registration of the new licence,—
a: the Registrar must register the mortgage or mortgages specified in the request in the order of their registered priority; and
b: the new licence is subject to the mortgage or mortgages; and
c: subpart 8
4: References in a mortgage registered against a new licence under this section to the licensee or to the estate or interest of the licensee under the mortgage are references to the new licensee or to the estate or interest of the new licensee under the mortgage. 1952 No 52 s 121L
135: Priority of replacement mortgage over land of company
1: This section applies to a mortgage (the replacement mortgage
a: is registered against land owned by a company; and
b: secures an amount not exceeding the amount secured by a mortgage of the land that has been discharged (the discharged mortgage
c: contains a statement to the effect that the replacement mortgage replaces the discharged mortgage and that the money secured by the replacement mortgage was used to repay the money secured by the discharged mortgage.
2: The replacement mortgage has the same priority in relation to any registered licences affecting the land or any part of the land as the discharged mortgage had immediately before it was discharged.
3: For the purpose of subsection (1)(b), if a mortgage secures a specified principal amount as referred to in section 90 1952 No 52 s 121O
136: Exercise of power of sale by mortgagee of licence
1: This section applies to the exercise of a power of sale contained or implied in a registered mortgage of a registered licence.
2: The mortgagee of the mortgage may execute all assurances and do all other things necessary to transfer to the mortgagee or to any other person the shares to which the licence relates.
3: The company must register the transfer of shares.
4: Subsection (3) is subject to any provision in the constitution of the company requiring the directors of the company or the company to approve the transfer.
5: Despite anything in the constitution of the company, the approval of the directors or of the company to the transfer of the shares must not be unreasonably withheld. 1952 No 52 s 121N
137: Registration of transfer of licence or new licence by Registrar
1: The Registrar must not register a transfer of a registered licence unless the instrument of transfer states that an instrument transferring or disposing of the shares in the company to which the licence relates to the person acquiring the licence has been registered by the company.
2: The Registrar must not register a licence issued by a company in place of a registered licence unless—
a: the registered licence has been cancelled, revoked, rescinded, or surrendered; and
b: the cancellation, revocation, rescission, or surrender has been registered. 1952 No 52 s 121M
7: Caveats
138: Caveats against dealings with land
1: A person may lodge a caveat against dealings with an estate or interest in land (a caveat against dealings
a: claims an estate or interest in the land, whether capable of registration or not; or
b: has a beneficial estate or interest in the land under an express, implied, resulting, or constructive trust; or
c: is transferring the estate or interest in the land to another person to be held on trust; or
d: is the registered owner of the estate or interest in the land and—
i: has an interest that is distinct from that of registered owner; or
ii: establishes to the satisfaction of the Registrar that at the time the caveat is lodged there is a risk that the estate or interest may be lost through fraud.
2: A caveat against dealings document must be executed by the caveator or the caveator's agent.
3: A caveat against dealings document must contain the prescribed information. 1952 No 52 s 137
139: Notice of caveat against dealings
The Registrar must give notice of the lodging of a caveat against dealings to the registered owner of the estate or interest against which the caveat is lodged. 1952 No 52 s 142(b)
140: Effect of caveat against dealings
1: As long as a caveat against dealings remains entered on the register, the Registrar must not register an instrument or record any matter in the register that transfers, charges, or prejudicially affects the estate or interest protected by the caveat.
2: Despite subsection (1), the Registrar may—
a: register or note an instrument lodged for registration or notation before the lodging of the caveat:
b: register or note an instrument in the register to give effect to the transmission of an estate or interest by operation of law (for example, to an executor, administrator, or trustee of the estate of a deceased person, to the Official Assignee of the estate of a bankrupt under the Insolvency Act 2006
c: if the caveat affects only the fee simple estate, register or note an instrument that relates to any other estate or interest:
d: if the caveat affects only an estate or interest that is less than freehold (for example, a lease or mortgage), register or note an instrument that relates to any lesser estate or interest (for example, a sublease or submortgage):
e: register or note an instrument in the register that is necessary to make a change to, or correct, the name of the owner of an estate or interest without changing the ownership of the estate or interest:
f: register or note an instrument in the register to transfer an estate or interest sold in exercise of powers under the Local Government (Rating) Act 2002
g: register or note an instrument in the register that creates or relates to an easement that benefits the estate or interest subject to the caveat:
h: create a single record of title in place of separate records of title:
i: create separate records of title in place of a single record of title:
j: register further caveats, statutory land charges, or charging orders:
k: make an entry in the register to give effect to an enactment or order of a court vesting or affecting the land or estate or interest in land protected by the caveat:
l: register or note in the register an instrument of a class specified by regulations.
3: Subsection (2) is not an exhaustive list of the instruments that may be registered or noted by the Registrar without contravening subsection (1). 1952 No 52 s 141(1), (2), (5)
141: Caveat against dealings not to prevent transfer by mortgagee under power of sale
1: Despite section 140
a: the transfer results from—
i: the exercise of a power of sale under a registered mortgage over the estate or interest; or
ii: the purchase by a vendor mortgagee under section 196
iii: the purchase by a mortgagee under a power of sale in a registered mortgage in accordance with an order made by the court under section 200(3)(d)
b: the caveat against dealings was lodged after registration of the registered mortgage; and
c: the estate or interest protected by the caveat—
i: relates to the same estate or interest to which the registered mortgage relates; and
ii: arises under an unregistered mortgage or an agreement to mortgage dated later than the date of registration of the registered mortgage.
2: On registration of a transfer under subsection (1),—
a: the caveat against dealings lapses; and
b: the estate or interest of the mortgagor vests in the purchaser free from the estate or interest protected by the caveat.
3: The Registrar must note the lapsing of the caveat on the record of title. 1952 No 52 s 141(3), (4)
142: Removal of caveat against dealings
The court may, on application by a person who has an estate or interest affected by a caveat against dealings, order that the caveat is removed. 1952 No 52 s 143
143: Lapse of caveat against dealings
1: The following persons may apply to the Registrar for the lapse of a caveat against dealings affecting an estate or interest in land:
a: a person who wishes to register an instrument affecting the estate or interest protected by the caveat; or
b: the registered owner or a person acting for or on behalf of the registered owner of the estate or interest affected by the caveat.
2: The Registrar must give notice of an application under subsection (1) to the caveator.
3: A caveat to which an application relates lapses unless,—
a: within 10 working days after the date on which the Registrar gives notice of an application under subsection (1) to the caveator, the caveator gives notice to the Registrar that an application has been made to the court for an order that the caveat not lapse; and
b: within 20 working days after the date on which the caveator gives a notice to the Registrar under paragraph (a) (the relevant period
4: The orders are—
a: an order that the caveat not lapse:
b: an interim order that the caveat not lapse:
c: an order adjourning the application.
5: The caveat lapses if the court makes an order to that effect before the close of the relevant period.
6: If the court makes an order under subsection (4)(b) or (c), the caveat will not lapse if, after the close of the relevant period,—
a: the court makes a final order that the caveat not lapse; and
b: the order is served on the Registrar.
7: If the court makes an order under subsection (4)(b) or (c), the caveat will lapse if, after the close of the relevant period,—
a: the court makes a final order that the caveat lapse; and
b: the order is served on the Registrar.
8: An application under subsection (1) for the lapse of a caveat may be withdrawn—
a: with the leave of the court only, if the caveator has applied to the court for an order that the caveat not lapse:
b: without the need for leave of the court if—
i: the Registrar has not yet given notice to the caveator under subsection (2); or
ii: the Registrar has given notice to the caveator under subsection (2), but the caveator has not yet applied to the court for an order that the caveat not lapse. 1952 No 52 ss 145 145A
144: Withdrawal of caveat against dealings
1: A caveat against dealings may be withdrawn as to the whole or part of the estate or interest protected by the caveat by the caveator or the caveator's agent under a written authority.
2: Despite subsection (1), if a registrable instrument purporting to give effect to the estate or interest of the caveator is lodged 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. 1952 No 52 s 147
145: Caveator may consent to registration of instrument
1: A caveator may consent to the registration of an instrument that affects the estate or interest protected by a caveat against dealings.
2: Consent is subject to the rights of the caveator. 1952 No 52 ss 147 147A
146: Second caveat against dealings may not be lodged
Unless the court orders otherwise, a caveat against dealings must not be lodged by or on behalf of the same person to protect the same estate or interest as a caveat against dealings that has been removed under section 142 section 141(2)(a) 143 1952 No 52 s 148
147: Registrar not required to verify entitlement to lodge caveat against dealings
1: The Registrar does not have to be satisfied that a caveator is in fact or in law entitled to lodge a caveat against dealings.
2: Despite subsection (1), a caveat against dealings must comply with section 138 1952 No 52 s 148A
148: Compensation for lodging of improper caveat against dealings
1: A person, including the agent of a person, who lodges a caveat against dealings without reasonable cause is liable to pay compensation to a person who suffers loss or damage as a result.
2: A claim for compensation must be heard and determined by the court.
3: A caveat against dealings lodged in contravention of section 146 1952 No 52 s 146 Registrar's caveats
149: Registrar may lodge caveat
1: The Registrar may lodge a caveat (the Registrar's caveat
a: a minor:
b: a person who the Registrar is satisfied is not capable of managing his or her affairs in relation to the estate or interest:
c: a person on account of a misdescription of the land or the estate or interest in the land on the record of title:
d: a person through fraud or improper conduct.
2: Sections 138 to 148 1952 No 52 s 211(d)
150: Notice of caveat
The Registrar must give notice of the lodging of the Registrar's caveat to the registered owner of the estate or interest against which the caveat is lodged.
151: Effect of Registrar's caveat
As long as a Registrar's caveat remains entered on the register, the Registrar must not register an instrument or record any matter in the register unless the Registrar is satisfied that the registration or recording will not prejudice the person in whose favour the caveat has been lodged.
152: Registrar may withdraw caveat
The Registrar may withdraw a Registrar's caveat at any time.
8: Trusts
153: Trusts not to be entered on register
1: Notice of a trust, whether express, implied, resulting, or constructive, must not be registered or noted on the register and has no effect if it is.
2: A provision in an instrument registered or noted under this Act to the effect that a person executing the instrument is liable only to the extent of an estate or interest or assets of which the person is a trustee is not notice of a trust.
3: This section is subject to—
a: sections 138 154
b: any enactment that requires or permits notice of a trust to be registered or noted on the register. 1952 No 52 s 128
154: Trusts of reserves
1: The person in whom a public reserve is vested holds the land subject to any trust to which the land is subject under the enactment or instrument that vests the land in that person.
2: The responsible chief executive must give notice to the Registrar of the creation, alteration, or revocation under any enactment of a trust affecting a public reserve.
3: The Registrar must record the trust, alteration, or revocation in the register.
4: Land, other than a public reserve, that is vested in or transferred to a person under an enactment, the title of which is recorded in the register, vests in that person—
a: in the capacity in which the land is held under the enactment; and
b: subject to any trusts on which the land is held under the enactment.
5: The Registrar must not register an instrument or record any matter in the register that prejudicially affects a trust on which an estate or interest in a public reserve or land to which this section applies is subject.
6: In this section,— public reserve
a: is a reserve as defined in section 2(1)
b: is vested in a person under an enactment or instrument as a public reserve or for a special purpose responsible chief executive 1952 No 52 s 129
4: Miscellaneous applications and other matters
1: Applications for title based on adverse possession
155: Application for record of title based on adverse possession
1: A person may apply to the Registrar for the creation of a record of title in the name of the person as the owner of the freehold estate in land that is subject to this Act if—
a: a record of title has been created for the estate or a Crown grant for the land has been registered under the Land Transfer Act 1952
b: the person has been in adverse possession of the land for a continuous period of not less than 20 years and continues in adverse possession of the land; and
c: the possession would have entitled the person to apply for a title to the freehold estate in the land if the land were not subject to this Act.
2: For the purposes of this subpart,—
a: possession of the land by a person through or under whom the applicant claims to be entitled to make the application must be treated as possession by the applicant; and
b: possession of the land by 1 or more joint tenants or tenants in common—
i: is not possession of the land by another joint tenant or tenant in common; and
ii: is capable of being possession as against another joint tenant or tenant in common.
3: The application must contain the prescribed information.
4: Section 37
5: This section is subject to sections 157 158 1963 No 61 ss 3 6
156: Information relating to land
1: In this section,— occupation boundary
a: a fence, wall, hedge, building, ditch, or other artificial thing:
b: a natural feature of land title boundaries
a: on the record of title or Crown grant; or
b: on the latest survey plan approved under the Cadastral Survey Act 2002
2: An application under section 155
a: a certificate by a licensed cadastral surveyor that the occupation boundaries or any that exist coincide with the title boundaries; or
b: if a certificate cannot be given, a survey plan suitable for deposit under section 224
3: The boundaries on a survey plan must be drawn in terms of the occupation boundaries of the land.
4: However, to the extent that the occupation boundaries of the land are outside the title boundaries, the survey plan must be drawn in terms of the title boundaries. 1963 No 61 s 14
157: Incapacity of registered owner
1: This section applies to a registered owner of an estate that is the subject of an application under section 155 section 155(1)(b) 20-year period
2: If this section applies to a registered owner, the court may, if it thinks it just to do so on an application made to it (whether before or after the end of the 20-year period), order that the 20-year period is extended to the close of a date stated in the order.
3: In determining whether to make an order, the court must take into account—
a: whether, while the registered owner was incapacitated, an authorised representative managed the owner's affairs with respect to ownership of the land; and
b: any steps taken by the authorised representative to manage those affairs; and
c: the effects or likely effects on the applicant of extending the 20-year period; and
d: any other matters the court thinks relevant. 1963 No 61 s 4
158: Minors
The period of 20 years referred to in section 155(1)(b) 1963 No 61 s 4
159: Certain applications prohibited
An application under section 155
a: land owned by the Crown, other than land to which section 170
b: Māori land as defined in section 4
c: land for which the registered owner of the fee simple is a local authority:
d: land held in trust for a public purpose noted on the register under section 154
e: land occupied together with adjoining land by the owner of the adjoining land or by any other person because of a mistaken marking of a boundary between the pieces of land:
f: land occupied together with adjoining land by the owner of the adjoining land or by any other person because of—
i: a change in the course of a river, creek, or stream; or
ii: the isolation of the land from other land by a river, creek, or stream or other natural feature or by a road. 1963 No 61 s 21
160: Evidence
The Registrar may—
a: dispense with a requirement to provide information that the Registrar is satisfied cannot reasonably be provided by the applicant; or
b: require the applicant to provide additional information relating to the application. 1963 No 61 s 5
161: Notice of application
1: If the Registrar is satisfied that an application complies with this subpart, the Registrar must give notice of the application as follows:
a: public notice; and
b: notice to every person who it appears to the Registrar has or may have an estate or interest in any land to which the application relates; and
c: notice to every person, other than the applicant, who is an owner or occupier of adjoining land; and
d: notice in any other way and to any other persons the Registrar thinks fit.
2: A notice under subsection (1) must—
a: specify the prescribed period within which a person may lodge a caveat under section 162
b: contain the prescribed information.
3: If the Registrar considers that giving notice under subsection (1) has not been effective or that it is desirable to give further notice of the application, the Registrar may—
a: give notice again under that subsection; and
b: specify in the notice a further period within which a person may lodge a caveat to prevent the application from being granted. 1963 No 61 s 7
162: Caveats against application
1: A person claiming an estate or interest in land to which an application relates may lodge a caveat preventing the application from being granted.
2: A caveat document must be executed by the caveator or the caveator's agent.
3: A caveat document must—
a: contain the prescribed information; and
b: be lodged within the period specified in a notice under section 161
4: Sections 144 146 to 148 1963 No 61 s 8
163: Notice of caveat
The Registrar must give notice to the applicant of the lodging of a caveat preventing an application from being granted. 1952 No 52 s 142 s 8
164: Caveat by registered owner of fee simple or other freehold estate
The Registrar must refuse an application if satisfied that a caveat has been lodged under section 162
a: an estate in fee simple:
b: a life estate:
c: a future estate:
d: any other freehold estate that terminates when a future event happens but that has not yet terminated. 1963 No 61 s 9
165: Caveat by beneficial or equitable owner of fee simple or other freehold estate
1: This section applies if the Registrar is satisfied that a caveat has been lodged under section 162
a: an estate in fee simple:
b: a life estate:
c: a future estate:
d: any other freehold estate that terminates when a future event happens but that has not yet terminated.
2: The Registrar must give notice to the caveator requiring the caveator, within the prescribed period specified in the notice, to—
a: establish the claim and become registered as owner of the estate; or
b: satisfy the Registrar that the claim is valid but that it is of such a nature that it is not capable of being converted into a registered estate.
3: The caveat lapses unless, within the period specified in the notice or any extension allowed by the Registrar, the caveator complies with subsection (2)(a) or (b).
4: If the caveat lapses, the Registrar must note the lapsing on the record of title.
5: The Registrar must refuse the application if—
a: the Registrar is satisfied that the estate of the caveator is sufficiently evidenced by the register; or
b: within the period specified in the notice or any extension allowed by the Registrar, the caveator complies with subsection (2)(a) or (b). 1963 No 61 s 10
166: Caveat by registered owner of, or person noted as entitled to, other estate or interest
1: This section applies if the Registrar is satisfied that—
a: a caveat has been lodged under section 162
b: the estate or interest is not an estate of a kind referred to in section 164 165
2: The Registrar must give notice to the applicant that the applicant may, within the prescribed period specified in the notice, give notice to the Registrar that the applicant agrees to the applicant's title being made subject to the estate or interest of the caveator and any estate or interest through or under which the caveator derives title.
3: If the applicant gives notice of his or her agreement,—
a: the caveat lapses; and
b: the Registrar must, in accordance with section 168
4: If the applicant does not give notice of his or her agreement, the Registrar must refuse the application.
5: If the freehold estate in the land is subject to a registered mortgage, the applicant must be treated as—
a: the registered owner of the freehold estate for the purposes of section 105
b: the registered owner of the freehold estate and the mortgagor for the purposes of subpart 5
6: If, in the case of a freehold estate subject to a mortgage, the applicant gives notice of his or her agreement to the Registrar under subsection (2), nothing in subpart 8 1963 No 61 s 11
167: Caveat by other person entitled to other estate or interest
1: This section applies if the Registrar is satisfied that—
a: a caveat has been lodged under section 162
b: the estate or interest is not an estate or interest of a kind referred to in section 164 165
c: section 166
2: If the Registrar is satisfied that the caveator's claim to the estate or interest is sufficiently evidenced by the register, subsection (7) applies to the caveat. Caveator’s claim not sufficiently evidenced by register
3: If the Registrar is not satisfied that the caveator's claim to the estate or interest is sufficiently evidenced by the register, the Registrar must give notice to the caveator requiring the caveator, within the prescribed period specified in the notice, to—
a: establish the claim and become registered as owner of the estate or interest; or
b: satisfy the Registrar that the claim is valid but that it is of such a nature that it is not capable of being converted into a registered estate or interest.
4: If the caveator does not comply with subsection (3)(a) or (b) within the period specified in the notice or any extension allowed by the Registrar (the permitted period
5: If the caveator complies with subsection (3)(a) within the permitted period,—
a: the caveat does not lapse; and
b: section 166
6: If the caveator complies with subsection (3)(b) within the permitted period, subsection (7) applies to the caveat. Caveator’s claim sufficiently evidenced by register, or valid but not convertible into registered estate or interest
7: If this subsection applies to the caveat,—
a: the caveat does not lapse; and
b: the Registrar must give notice to the applicant that the applicant may, within the prescribed period specified in the notice, give notice to the Registrar that the applicant agrees to the applicant's title being made subject to the caveat as evidence of the caveator’s claim.
8: If the applicant gives notice of his or her agreement, the Registrar must, in accordance with section 168
9: If the applicant does not give notice of his or her agreement, the Registrar must refuse the application. 1963 No 61 s 12
168: Registration of applicant as owner of freehold estate
1: The Registrar must register the applicant as the owner of the freehold estate in the land to which the application relates and create a record of title for that estate if satisfied that—
a: the applicant has complied with this subpart; and
b: any caveat lodged under this subpart has lapsed or been withdrawn, or the record of title is to be created subject to the caveat ( see section 167(8)
c: there is no reason preventing the Registrar from doing so.
2: The record of title must be free of any estates or interests previously recorded except for an estate or interest to which section 166(3) 167(8) 1963 No 61 s 15
169: Cancellation of record of title
1: On creation of a record of title for a freehold estate under section 168
a: cancel any previous record of title for the freehold estate; or
b: partially cancel any previous record of title to the extent that it relates to the freehold estate.
2: The cancellation must state that it is made under this section.
3: On cancellation of the record of title,—
a: the estate of the previous registered owner is extinguished; and
b: any other estate or interest registered or noted on the record of title is extinguished.
4: Subsection (3) does not apply to an estate or interest to which section 166(3) 167(8) 1963 No 61 s 18
170: Application relating to land of dissolved company
1: This section applies to an application that relates to a freehold estate—
a: the registered owner of which was a company or any other body corporate that has ceased to exist; and
b: that vests in the Crown as ownerless property.
2: The Registrar must not proceed with the application unless,—
a: if the Crown is entitled under an enactment to disclaim the estate,—
i: the Crown has disclaimed the estate; and
ii: the Registrar is satisfied that no proceedings have been commenced in a court by a person to become the registered owner of the estate or to restore the company to the companies register under the Companies Act 1993
b: if the Crown is not entitled under an enactment to disclaim the estate, the Secretary to the Treasury consents to the application.
3: If the Registrar knows that a person intends to commence proceedings referred to in subsection (2)(a)(ii), the Registrar must give notice to that person that the application has been made and will proceed unless proceedings are commenced within the time specified in the notice.
4: If proceedings are commenced within the time specified in the notice, or within any extension allowed by the Registrar, the Registrar may proceed with the application only if—
a: the proceedings are dismissed or discontinued; or
b: an appeal against the dismissal of the proceedings is dismissed or discontinued.
5: If proceedings are not commenced within the time specified in the notice, or within any extension allowed by the Registrar, the Registrar must proceed with the application. 1963 No 61 s 17
2: Applications to bring land under Act
171: Land to which this subpart applies
This subpart applies to land that—
a: is not subject to this Act; and
b: is not Māori land as defined in section 4
c: has been alienated or contracted to be alienated by the Crown by Crown grant or other instrument.
172: Applications to bring land under Act
1: The following persons may apply in their own right to bring land under this Act:
a: a person who claims to be the person in whom the fee simple estate in the land is vested in possession, whether at law or in equity:
b: a person who claims to be entitled to the land through adverse possession as against a person prevented by the Limitation Act 2010
c: a person who claims a life estate in possession that is not a lease for life:
d: a person who has the power to dispose of the fee simple estate in possession:
e: a person who owns the fee simple estate in the land as a public reserve.
2: The following persons may apply to bring land under this Act on behalf of a person to whom subsection (1) applies:
a: the guardian of a minor:
b: in the case of an incapacitated person,—
i: a person authorised by an enactment to make the application:
ii: Public Trust:
iii: a person appointed by the court to make the application:
c: in the case of a person in respect of whom a property order is in force under the Protection of Personal and Property Rights Act 1988
3: A person who claims to be beneficially entitled under a trust to an estate or interest in the land must, if the trustees do not have express power to sell the land, consent to an application under subsection (1)(a).
4: A person entitled to a future estate in the land must consent to an application under subsection (1)(c).
5: A person whose consent is required to the exercise of a power to dispose of the fee simple estate in possession must consent to an application under subsection (1)(d).
6: An application under subsection (1)(e) is subject to any trust that affects the land.
7: An application that relates to land in which 2 or more persons own undivided shares must be made by all the owners of the undivided shares.
8: An application by a mortgagor of the land may be made only with the consent of the mortgagee.
9: An application by a mortgagee of the land may be made only in connection with the exercise of a power of sale.
10: The application must contain the prescribed information.
11: Section 37 1952 No 52 ss 20 21 25
173: Notice of application
1: If it appears to the Registrar that an applicant may be entitled to have the relevant land brought under this Act, the Registrar must give notice of the application as follows:
a: public notice; and
b: notice to every person who it appears to the Registrar has or may have an estate or interest in the land; and
c: notice to every person, other than the applicant, who is an occupier of the land or an owner or occupier of adjoining land; and
d: notice in any other way and to any other persons the Registrar thinks fit.
2: A notice under subsection (1) must—
a: specify the prescribed period within which a caveat may be lodged under section 174
b: contain the prescribed information.
3: If the Registrar considers that giving notice under subsection (1) has not been effective or that it is desirable to give further notice of the application, the Registrar may—
a: give notice again under that subsection; and
b: specify in the notice a further period within which a caveat may be lodged to prevent the land being brought under this Act. 1952 No 52 ss 23 24 25 26 28
174: Caveat against bringing land under Act
1: The following persons may, within the period specified in a notice under section 173
a: a person who claims to be entitled to a freehold estate in the land, whether through adverse possession or on other grounds:
b: a person who claims to be entitled to an estate or interest in the land that is not a freehold estate, whether under an instrument or not.
2: A caveat document must be executed by the caveator or the caveator's agent.
3: A caveat document must contain the prescribed information.
4: Sections 144 146 to 148 1952 No 52 s 136
175: Effect of caveat
As long as a caveat against bringing land under this Act remains in force, the Registrar must not bring the land under this Act. 1952 No 52 s 140
176: Notice of caveat
The Registrar must give notice of a caveat against bringing land under this Act to the applicant. 1952 No 52 s 142(a)
177: Procedure where caveat lodged under section 174(1)(a)
1: This section applies if a caveat is lodged under section 174(1)(a)
2: The caveator must—
a: commence a proceeding in the court to determine the entitlement of the applicant to have the land brought under this Act; and
b: give notice to the Registrar that the proceeding has been commenced.
3: The proceeding must be commenced and the notice must be given within 60 working days after the date on which the caveat is lodged. Otherwise, the caveat lapses.
4: In a proceeding under this section, the court may—
a: order that—
i: the applicant is entitled to have the land brought under this Act; and
ii: the caveat lapses; or
b: order that the applicant is not entitled to have the land brought under this Act; or
c: make any other order the court thinks fit.
5: The Registrar must give effect to any order of the court in a proceeding under this section or, if there is an appeal against the decision of the court, to the decision of the court on the appeal.
6: The following documents must be served on the Registrar:
a: a sealed copy of every order or decision of the court under this section:
b: a copy of a notice of appeal against an order or a decision of the court under this section:
c: a sealed copy of every order or decision of a court on appeal under this section. 1952 No 52 s 144
178: Procedure where caveat lodged under section 174(1)(b)
1: This section applies if a caveat is lodged under section 174(1)(b)
2: The applicant must, within 20 working days after receiving a notice under section 176
3: If the applicant gives and serves a notice stating that the applicant agrees to the land being brought under this Act subject to the estate or interest of the caveator,—
a: the caveat lapses; and
b: the Registrar must register the applicant as the owner of the estate to which the application relates subject to the estate or interest of the caveator.
4: If the applicant gives and serves a notice stating that the applicant does not agree to the land being brought under this Act subject to the estate or interest of the caveator, the caveator must—
a: commence a proceeding in the court to determine the entitlement of the applicant to have the land brought under this Act free from the estate or interest of the caveator; and
b: give notice to the Registrar that the proceeding has been commenced.
5: If subsection (4) applies, the proceeding must be commenced and the notice must be given within 60 working days after the date on which the applicant's notice is served on the caveator. Otherwise, the caveat lapses.
6: In a proceeding under this section, the court may—
a: order that—
i: the applicant is entitled to have the land brought under this Act free from any estate or interest of the caveator; and
ii: the caveat lapses; or
b: order that the applicant is entitled to have the land brought under this Act subject to the estate or interest of the caveator; or
c: make any other order the court thinks fit.
7: The Registrar must give effect to any order of the court in a proceeding under this section or, if there is an appeal against the decision of the court, to the decision of the court on the appeal.
8: The following documents must be served on the Registrar:
a: a sealed copy of every order or decision of the court under this section:
b: a copy of a notice of appeal against an order or a decision of the court under this section:
c: a sealed copy of every order or decision of a court on appeal under this section.
9: This section is subject to section 179 1952 No 52 ss 58 59 144
179: Registrar may require instrument creating or recording estate or interest of caveator
1: For the purpose of giving effect to an agreement or order under section 178
2: If the interest of the caveator cannot be registered or noted under this Act, the Registrar may require the caveator to lodge a caveat under section 138
180: Withdrawal of application
1: An applicant may withdraw an application under section 172
2: An application may be withdrawn only if—
a: a person who has lodged a caveat under section 174
b: a person who has consented to the application under section 172(3), (4), (5), or (8) 1952 No 52 ss 29 140
181: Registration of applicant
The Registrar must register the applicant as the owner of the estate to which the application relates if—
a: the applicant has complied with this subpart; and
b: the Registrar has given all required notices; and
c: no caveat has been lodged under section 174
d: there is no reason to prevent the Registrar from doing so. 1952 No 52 s 27
182: Cancellation of previous documents of title
1: The Registrar must, on registering an applicant as the owner of the estate in land to which the application relates, cancel any previous document of title to the land.
2: If the document relates to any other land, the Registrar must endorse the document to the effect that it is cancelled only to the extent of the land of which the applicant has become registered as owner. 1952 No 52 s 30
183: Registration of Crown grant under Deeds Registration Act 1908 unnecessary
The Registrar does not need to register a Crown grant under the Deeds Registration Act 1908 1952 No 52 s 32
3: Title to access strips
184: Meaning of access strip
For the purposes of this subpart, access strip
a: means land (whether or not subject to this Act) that has been set aside as part of a subdivision for the purpose of providing access from adjoining lots and any other lots in the subdivision to an existing road and that at the time of the application is, in the opinion of the Registrar, being used principally for that purpose; but
b: does not include land accepted or declared by a local authority to be a road or street or a service lane or an access way. 1952 No 52 s 89A(1), (5)
185: Application by adjoining owners for title to access strip
1: The registered owners of the fee simple estate in lots adjoining an access strip (the adjoining owners
2: Subsection (1) does not apply to an adjoining owner who owns a freehold estate in the access strip.
3: The application must contain the prescribed information.
4: For the purposes of this section, 2 or more lots that adjoin an access strip and that arise from the subdivision of a single lot that originally adjoined the access strip must each be treated as a single lot in the original subdivision.
5: Section 37 1952 No 52 s 89A(1), (2)
186: Notice of application
1: If the Registrar is satisfied that the application complies with section 185
a: give public notice of the application; and
b: give notice of the application to every person who,—
i: if the access strip is subject to this Act, appears from the register to be the owner of a freehold estate in the access strip; or
ii: if the access strip is not subject to this Act, appears to the Registrar to be the owner of a freehold estate in the access strip; and
c: give notice of the application to the territorial authority and any statutory body that would, if the access strip were a road or a service lane or an access way, have jurisdiction over it; and
d: give notice of the application to every other person as the Registrar thinks fit.
2: The notice must—
a: specify a date within the prescribed period by which a person may lodge a caveat under section 187
b: contain the prescribed information.
3: The Registrar may, before granting the application, extend the period within which a caveat may be lodged under section 187 1952 No 52 s 89C
187: Caveats against application
1: The following persons may lodge a caveat preventing the application from being granted as to the whole or part of the freehold estate in the access strip:
a: if the access strip is subject to this Act, a person who is the registered owner of a freehold estate in the access strip:
b: if the access strip is not subject to this Act, a person who claims to be entitled to a freehold estate in the access strip:
c: any territorial authority or statutory body to which notice was given under section 186(1)(c)
2: A caveat must be lodged within the time specified in the notice under section 186
3: A caveat document must be executed by the caveator or the caveator's agent.
4: A caveat document must contain the prescribed information.
5: The Registrar must note the caveat,—
a: if the access strip is subject to this Act, on the record of title for the access strip; or
b: if the access strip is not subject to this Act, on the relevant record for the access strip under the Deeds Registration Act 1908
6: While it remains noted, a caveat prevents an application being granted, but does not prevent a dealing affecting the access strip.
7: Sections 144 146 148
188: Notice of caveat
The Registrar must give notice of the caveat to the applicant.
189: Removal of caveat
The court may, on application by the applicant, order that the caveat be removed.
190: Procedure where caveat lodged
1: In the case of an access strip that is subject to this Act, if the Registrar is satisfied that a caveat is lodged by a person who is registered as the owner of a freehold estate in the access strip, the Registrar must refuse the application to the extent that it relates to an estate protected by the caveat.
2: In the case of an access strip that is not subject to this Act, if the Registrar is satisfied that a caveat is lodged by a person who is the owner of a freehold estate in the access strip, the Registrar must refuse the application to the extent that it relates to an estate protected by the caveat.
3: In the case of any access strip, if the Registrar is satisfied that a caveat is lodged by a territorial authority or statutory body, the Registrar must refuse the application to the extent that the whole or part of the access strip is a road, service lane, or access way that the territorial authority or statutory body has jurisdiction over.
4: A caveat must remain noted under section 187
191: Owner of access strip who is not adjoining owner
1: This section applies to an owner of the freehold estate in the access strip who is not an adjoining owner and who,—
a: after reasonable inquiries have been made, cannot be found; or
b: consents to the application and to forfeiting ownership of the estate to the applicants.
2: The consent must contain the prescribed information.
3: The application must be accompanied by—
a: proof of the matters referred to in subsection (1)(a); or
b: the form of consent referred to in subsection (1)(b).
4: If the application complies with this section, the estate of the owner vests in the applicants. 1952 No 52 s 89A(3)
192: Adjoining owner with interest in access strip who is not applicant
1: This section applies to a person who is not an applicant, but who—
a: is an adjoining owner; and
b: has an estate or interest in the access strip.
2: The person may consent to forfeiting ownership of the estate or interest to the applicants.
3: The consent must contain the prescribed information.
4: If the person consents under subsection (2), the application must be accompanied by the form of consent.
5: If the person consents to forfeiting ownership of the estate or interest, the estate or interest of the person in the access strip vests in the applicants.
6: If the person does not consent to forfeiting ownership of the estate or interest, the estate or interest of the person in the access strip continues to exist and is not affected by the grant of the application. 1952 No 52 s 89B
193: Adjoining owner with no interest in access strip who is not applicant
1: This section applies to a person who is not an applicant, but who—
a: is an adjoining owner; and
b: does not have an estate or interest in the access strip.
2: The person may consent to waiving any right to apply for a record of title to the access strip.
3: The consent must contain the prescribed information.
4: If the person consents under subsection (2), the application must be accompanied by the consent.
5: If the person consents to waiving any right to apply for a record of title to the access strip, the person has no right at any time to apply under this subpart for a record of title to the access strip.
6: If the person does not consent to waiving any right to apply for a record of title to the access strip, the person does not lose the right to apply for a record of title to the access strip.
194: Record of title for access strip
1: The Registrar may create a record of title for the access strip and the adjoining lot to which it relates if satisfied that—
a: the application complies with this subpart; and
b: no caveat prevents the application from being granted; and
c: there is no other reason to refuse to grant the application.
2: The record of title must be created in the name of the applicant or, if there are 2 or more applicants, in the names of the applicants as tenants in common in their appropriate shares.
3: The record of title must record,—
a: if the access strip is subject to this Act, any interests registered or noted on the former record of title for the access strip; or
b: if the access strip is not subject to this Act, any existing interest to which the access strip is subject that is capable of being registered or noted under this Act.
4: The share of an applicant in the access strip is equal to the proportion that the applicant's lot bears to the aggregate of—
a: the lots of all adjoining owners who are applicants; and
b: the lots of any persons to whom section 192(6) 193(6)
5: On creating a record of title under this section, the Registrar must cancel any previous record of title for the fee simple estate in the whole of the access strip.
6: The creation of a record of title under this section for, or for a share in, an access strip that is not subject to this Act has the effect of bringing the land comprised in the access strip under this Act.
195: Provisions applying when record of title created for access strip
1: The following provisions apply on creation of a record of title under section 194
a: the owner of an access strip or of a share in an access strip must not transfer or mortgage the access strip or share unless, at the same time, the owner disposes of or mortgages the adjoining lot to the transferee or mortgagee:
b: the Registrar must note the record of title for the relevant share in the access strip and the record of title for each adjoining lot to which the share relates to the effect that the adjoining lot is subject to paragraph (a):
c: the share in an access strip held by persons who are the owners as joint tenants or tenants in common of an adjoining lot to which the share relates vests in those persons in the same manner:
d: a power of sale in a mortgage of an adjoining lot or part of an adjoining lot to which the share in an access strip relates extends to the share in the access strip:
e: paragraph (d) applies to a lot settled as a joint family home under the Joint Family Homes Act 1964
2: In this section, mortgage
3: Subsection (1)(a) does not apply to the settlement of an adjoining lot under the Joint Family Homes Act 1964 1952 No 52 s 89E
4: Limited certificates of title
196: Purpose of this subpart
The purpose of this subpart is to continue, with appropriate modification, provisions of Part 12
a: that Act pursuant to Part 12
b: the Land Transfer Act 1915 Land Transfer (Compulsory Registration of Titles) Act 1924
197: Meaning of limited certificate of title
For the purpose of this subpart, limited certificate of title
a: is limited as to parcels or title, or both; and
b: was issued under—
i: the Land Transfer Act 1952 section 167(2) Part 12
ii: the Land Transfer Act 1915 Land Transfer (Compulsory Registration of Titles) Act 1924
198: Registrar's minutes
1: The Registrar must retain the Registrar's minutes kept under section 193
2: The Registrar may update the Registrar's minutes to record the action taken to comply with requisitions or requirements relating to any limited certificate of title.
3: The Registrar's minutes do not form part of the register. 1952 No 52 ss 193 194
199: Record of title to indicate limitations
The record of title under this Act for an estate in land for which a limited certificate of title has been issued must indicate that the record of title is limited as to parcels or title, or both. 1952 No 52 s 191
200: Effect of limited record of title
1: The provisions of this Act apply to—
a: an estate for which there is a limited record of title; and
b: the registration or notation of an estate or interest affecting that estate.
2: The only persons who cannot, because of the limitation, set aside the title of the registered owner of the estate, or of an estate or interest affecting that estate, are persons who are or have been registered owners of any of those estates or interests while subject to the limitation.
3: Section 44
a: compliance with any applicable requisitions or requirements specified in the Registrar's minutes; and
b: the estate or interest of a person in the land that appears from the Registrar's minutes to exist or possibly exist; and
c: the title of any person who is adversely in actual occupation of the land and is entitled to an estate or interest in the land.
4: The issue of a limited certificate of title (and the limited record of title that derives from it) does not prevent the Limitation Act 2010
a: a person in adverse possession of land at the time the limited certificate of title was issued; or
b: a person claiming through or under a person referred to in paragraph (a). 1952 No 52 ss 198 199
201: Removal of limitations from limited record of title
1: The Registrar may—
a: note on a limited record of title that the record of title is no longer subject to the limitation; or
b: create a replacement record of title that is not subject to the limitation.
2: The Registrar may act under subsection (1) only if satisfied that—
a: the limitation can be removed from the record of title; and
b: the title of the registered owner has not been extinguished by the operation of the Limitation Act 2010
3: The Registrar, in satisfying himself or herself that the limitation can be removed from the record of title,—
a: must have regard to—
i: any action taken to comply with any requisition or requirement in the Registrar's minutes in relation to the record of title; and
ii: any other matters the Registrar considers material; and
b: may decide that compliance with a requisition or requirement has become unnecessary because of the lapse of time. 1952 No 52 s 195
202: Further restriction on removal of limitation from limited record of title limited as to parcels
1: The Registrar must not act under section 201(1)
a: the Registrar is satisfied by the deposit of a survey plan or other evidence that no part of the land is held in occupation adverse to the title of the registered owner of the land; and
b: the Registrar gives notice to the owners or occupiers of any adjoining land of the Registrar's intention to take the action; and
c: within the prescribed period specified in the notice, or any period of extension allowed by the Registrar, no person to whom a notice is given lodges a caveat under section 207
2: However, the Registrar need not give notice to the owners or occupiers of adjoining land who have given written consent to the removal of the limitation. 1952 No 52 s 207
203: Other estates and interests subject to limitation
A registered or noted estate or interest, other than the freehold estate for which a limited record of title has been created, is subject to the same limitation as stated in the limited record of title for the freehold estate. 1952 No 52 s 203
204: Applications by persons claiming title to land for which there is limited record of title
1: This section applies to a person who claims to be entitled to a freehold estate in land for which there is a limited record of title—
a: by adverse possession as against the title of the registered owner that commenced before a limited certificate of title was issued for the land; or
b: under a title that appears from the Registrar's minutes to exist or possibly exist.
2: A person to whom this section applies may apply under subpart 2
3: If the applicant is the registered owner of land adjoining the claimed land, subpart 2
a: section 173(1)(a)
b: the Registrar is not required to give notice of the application under section 173(1) 1952 No 52 s 200
205: Certain interests extinguished
1: This section applies to land for which there is a limited record of title that is limited as to title (which derives from a limited certificate of title).
2: An estate or interest in the land is extinguished if—
a: it existed before the first limited certificate of title was issued; and
b: it is not registered or noted on the limited record of title 12 years after the date on which the first limited certificate of title was issued.
3: Subsection (2) does not apply to an estate or interest—
a: of a person who is in actual occupation of the land and is entitled to the estate or interest; or
b: of a person in adverse possession of the land.
4: If 12 years have passed since the date on which the first limited certificate of title was issued, the Registrar may create a record of title for the land that is no longer limited as to title. 1952 No 52 s 204
206: Status of caveats lodged under section 205(1) of Land Transfer Act 1952
1: This section applies to a caveat lodged under the Deeds Registration Act 1908 section 205(1)
2: The caveat must, for the purposes of this Act, be treated as having been lodged under section 174 subpart 2 1952 No 52 s 205
207: Caveats against limited record of title limited as to parcels
1: The following persons may lodge a caveat against a limited record of title that is limited as to parcels:
a: an occupier of the land:
b: an owner or occupier of adjoining land.
2: A caveat document must by executed by the caveator or the caveator's agent.
3: A caveat document must contain the prescribed information.
4: Sections 139 142 to 144 146 to 148
5: The caveat does not prevent registration or notation of an instrument affecting the land recorded in a limited record of title to the extent that it is limited as to title. 1952 No 52 s 205
5: Miscellaneous provisions
1: General provisions
Covenants implied in instruments
208: Implied covenants requiring persons to give effect to instruments
1: The covenants referred to in subsection (2) are implied in every instrument used to create, transfer, or charge an estate or interest under this Act on the part of the person creating, transferring, or charging the estate or interest under the instrument ( person A person B
2: The covenants are that person A will, before or after registration of the instrument,—
a: do everything necessary to give effect to the terms, conditions, and other covenants stated or implied in the instrument; and
b: on request by person B and at person B's cost, execute any instruments necessary for person B to acquire the estate or interest. 1952 No 52 s 154 Provisions incorporated in instruments by reference
209: Incorporation in instruments of provisions in memorandum
1: For the purposes of this section, memorandum
2: The Registrar may,—
a: at the request of any person, register a memorandum prepared by that person and approved by the Registrar; or
b: register a memorandum prepared by the Registrar.
3: A memorandum is registered on the date recorded by the Registrar as the date on which the memorandum is registered.
4: A memorandum registered under this section is part of the register only for the purposes of section 40
5: An instrument of a class specified in a registered memorandum that incorporates all or any of the provisions contained or referred to in the memorandum must be treated as incorporating those provisions subject to any modifications stated in the instrument.
6: Subsection (5) does not limit or affect a provision of an instrument that incorporates provisions other than those referred to in that subsection. 1952 No 52 s 155A Instruments under this Act that may be used under other Acts
210: Instruments under this Act may be used under other Acts
1: Regulations may be made specifying instruments under this Act that may be used, with or without modification, under any other Act that provides for the registration or notation of any instrument or thing under this Act.
2: Neither this section nor any regulations made for the purposes of subsection (1) affect the operation of any other Act that—
a: provides for the registration or notation of any instrument or thing under this Act; but
b: does not expressly adopt an instrument prescribed by those regulations. 1952 No 52 s 99B Powers of attorney
211: Registered owner may deal with estate or interest by attorney
An attorney acting under a power of attorney that confers the necessary authority may—
a: execute an instrument under this Act; or
b: authorise the creation of, transfer, charge, or other dealing in relation to an estate or interest in land under this Act; or
c: make an application under this Act to the Registrar or to a court. 1952 No 52 s 150
212: Deposit of power of attorney
1: A power of attorney under which a paper instrument is executed must be deposited with the Registrar before the instrument is registered.
2: A power of attorney may be deposited with the Registrar where an attorney authorises the lodging of an electronic instrument or does any other act under this Act under the power of attorney.
3: In this section, power of attorney 1952 No 52 s 151
213: Notice of revocation of power of attorney
1: Notice of the revocation, termination, suspension, or ceasing to have effect, in whole or in part, of a power of attorney deposited under section 212
2: The deposit under section 212
3: The revocation, termination, suspension, or ceasing to have effect of a power of attorney, in whole or in part, does not affect the execution of an instrument or anything done under the power of attorney before notice under subsection (1) is received by the Registrar. 1952 No 52 s 152 Review and appeal
214: Review by Registrar of decision
1: This section applies to—
a: a person who is registered as the owner of an estate or interest in land:
b: a person who claims to be entitled to an estate or interest in land.
2: A person to whom this section applies who is dissatisfied with a decision by the Registrar or by a person acting under delegation from the Registrar may apply by notice to the Registrar for the Registrar to review the decision.
3: The Registrar must give notice of the application to any other person who, in the Registrar's opinion, is affected or is likely to be affected by the review.
4: The Registrar may—
a: investigate the matter:
b: require the applicant to provide evidence or information relevant to the matter.
5: The applicant and any person affected or likely to be affected by the review may make submissions in writing to the Registrar.
6: The Registrar must review the matter as soon as practicable and may—
a: confirm the original decision; or
b: substitute any other decision the Registrar thinks fit.
7: The Registrar must give notice of the Registrar's decision together with reasons to—
a: the applicant; and
b: any person to whom the Registrar gave notice under subsection (3), whether or not that person made submissions to the Registrar under subsection (5).
215: Appeal to court
A person who is dissatisfied with either of the following decisions may appeal to the court against the decision:
a: a decision under this Act by the Registrar, or the Registrar and the Attorney-General, or by a person acting under delegation from the Registrar:
b: a decision by the Registrar under section 214 Application to court by Registrar
216: Registrar may apply to court for directions
1: The court may, on the application of the Registrar, give directions concerning the performance of any function or the exercise of any power by the Registrar under this Act.
2: The Registrar must serve notice of the application on—
a: any person who is registered as the owner of an estate or interest likely to be affected by the application; and
b: any other person as the court directs.
3: A person to whom a notice is given is entitled to appear and be heard as a party to the application. 1952 No 52 s 222 Notice to Registrar of proceedings
217: Notice to Registrar of proceedings
1: A plaintiff must serve notice on the Registrar of any proceeding under this Act to which the Registrar is not otherwise a party.
2: The Registrar may intervene in, and contest and argue any question arising in, the proceeding.
3: The Registrar is to be taken to be a party to the proceedings with all the rights, duties, and liabilities of a party, except that the court must not make an order for costs against the Registrar unless there are special circumstances that in the opinion of the court make it appropriate to do so. Offences
218: Offences in relation to registration
1: A person commits an offence if the person, with intent to defraud,—
a: brings about the registration or noting of an instrument or information or a matter or thing under this Act; or
b: brings about the destruction, removal, deletion, or alteration of an instrument or information or a matter or thing registered or noted under this Act.
2: A person who commits an offence against subsection (1) is liable on conviction to imprisonment for a term not exceeding 7 years.
219: False statements
1: A person commits an offence if the person—
a: makes or gives or authorises the making or giving of a statement, certificate, or document under this Act knowing that it is false or misleading in a material particular or being reckless as to whether it is false or misleading in a material particular; or
b: omits or authorises the omission from a statement, certificate, or document under this Act of any information or matter knowing that the omission makes the statement, certificate, or document false or misleading in a material particular or being reckless as to whether it is false or misleading in a material particular.
2: A person who commits an offence against subsection (1) is liable on conviction to imprisonment for a term not exceeding 3 years. 1952 No 52 ss 164(3) 225(1)(c), (d) Notices
220: Public notice
For the purposes of this Act, public notice
a: is published—
i: in the Gazette
ii: in any other way that the Registrar may direct; and
b: gives sufficient information about the matter to enable persons who might respond to the notice to understand it. 1952 No 52 s 240
221: Giving of notice to persons other than Registrar
1: A notice required or permitted by this Act to be given by the Registrar or any other person (the sender recipient
a: delivering it to the recipient; or
b: delivering it to the recipient's usual home or business address; or
c: posting it to the recipient at the recipient's usual home or business address; or
d: if the recipient has given the sender a fax number for the purpose of receiving notices by fax, faxing it to that number; or
e: if the recipient has given the sender an email address for the purpose of receiving notices by email, emailing it to that address; or
f: if an instrument to which a notice relates was generated at an electronic workspace facility, sending or directing it to that facility; or
g: any other prescribed method.
2: Subsection (1) applies unless a provision of this Act requires the notice to be given in a particular way.
3: In this section, recipient
4: In relation to a notice that is required or permitted by this Act to be given to a company, section 388 1952 No 52 s 240B
222: Notice to Registrar
1: A notice required or permitted by this Act to be given to the Registrar may be given—
a: by posting it to a designated Land Registry Office; or
b: if the Registrar has specified a fax number for the purpose of receiving notices of that class by fax, by faxing it to that number; or
c: if the Registrar has specified an email address for the purpose of receiving notices of that class by email, by emailing it to that address; or
d: if the Registrar has specified that notices of that class may be sent or delivered from an electronic workspace facility, by sending or delivering it from that facility; or
e: by any other prescribed method.
2: Subsection (1) applies unless a provision of this Act requires the notice to be given in a particular way.
3: The Registrar must give notice of the address of the designated land registry office—
a: in the Gazette
b: in any other way the Registrar considers appropriate (for example, on an Internet site maintained by the department). 1952 No 52 s 240C
223: When notices given
1: For the purposes of this Act, a notice is given,—
a: if sent by post, at the time when the notice would in the ordinary course of post be delivered:
b: if sent by fax, at the time shown on the record of transmission:
c: if sent by email, at the time a record of transmission shows that it was received in the electronic communications system:
d: if sent to or from an electronic workspace facility, at the time a record of transmission shows that it was received in the electronic communications system:
e: in the case of any prescribed method, at the time prescribed.
2: Subsection (1) does not apply if a person shows that through no fault on the person's part, the notice was not received within the time specified in subsection (1).
3: For the purposes of subsection (1)(a), it is sufficient to prove that the notice was properly addressed and posted.
4: For the purposes of subsection (1)(c) and (d),— electronic communications system
a: in the case of an email system, the electronic communications system for sending and receiving email; and
b: in the case of an electronic workspace facility, the electronic communications system by which users of the facility can send and receive communications record of transmission
a: an acknowledgement from an electronic communications system; or
b: the absence of notification that a transmission has not been received into or processed by an electronic communications system. 1952 No 52 s 240D Plans
224: Registrar may require plans
1: The Registrar is not required to perform any of the following functions under this Act unless the land is adequately defined:
a: deal with an application:
b: register an instrument:
c: create or alter or cancel a record of title:
d: note a record of title:
e: perform any other function under this Act in relation to land.
2: In this section, land is adequately defined if—
a: it is shown on a plan deposited under this section as a separate lot or a discrete area; and
b: the plan is suitable for the particular function for which it is required; and
c: the plan complies with the Cadastral Survey Act 2002
3: Subsection (2) is subject to any other enactment that makes different provision for spatially defining land for the purposes of registration under this Act.
4: For the purposes of this Act, a plan is deposited—
a: on the date recorded by the Registrar as the date on which the plan is deposited; or
b: if the deposit of the plan depends on registration of an instrument or dealing, on the date recorded by the Registrar as the date of lodgement of the instrument or dealing. 1952 No 52 s 167
225: Registrar may specify form of deposit document
1: The Registrar may specify the form of any consent, approval, certificate, or other matter under this or any other enactment required for—
a: the deposit of a plan under section 224
b: the creation of a record of title; or
c: any other prescribed matter.
2: A specified form may differ from a form prescribed by regulations for the same matter.
3: A form specified under subsection (1) for a consent, approval, certificate, or other matter under this Act must be used for the consent, approval, certificate, or other matter.
4: If a form is specified under subsection (1) for a consent, approval, certificate, or other matter that under any enactment other than this Act may be included in a document under this section, the consent, approval, certificate, or other matter may be given or done—
a: under the other enactment; or
b: in the form specified by the Registrar under subsection (1).
5: A form specified for the purposes of subsection (1)(a) must include a representation or reference that—
a: links it to the plan that is to be deposited; and
b: gives the person approving or consenting appropriate information about the effect of depositing the plan; and
c: indicates that person's approval or consent to the deposit of the plan.
6: A specified form—
a: may take the form of an electronic instrument; but
b: must not be registered under this Act.
7: Section 236(2)
8: The Registrar must publish a form specified under this section on an Internet site maintained by or on behalf of the department. 1952 No 52 s 167A Section 225(7) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 225(8) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
226: Cost of survey to correct plans
The Crown must meet the cost of a survey certified by the Surveyor-General as required to correct an error in a plan deposited under this Act or in a record of title. 1952 No 52 s 170 Regulations
227: Regulations
1: The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
1: regulating the practice applying to and the conduct of dealings under this Act:
2: prescribing forms for the purposes of this Act:
3: prescribing information to be contained in, and documents that must accompany, any instrument, application, notice, certificate, record, statement,
4: prescribing, or authorising the Registrar to approve, any matter related to the format or medium, or both, required to be used for supplying any information prescribed under paragraph (3):
5: prescribing the periods of time within which anything must be done or over which anything must be done:
6: prescribing a fixed period, or a range of periods from which a fixed period may be chosen, for any period to be specified in a notice given under this Act:
7: prescribing the manner in which instruments must refer to the register:
8: specifying procedures by which mortgagees may—
i: prevent electronic instruments affecting estates or interests in land over which they hold a mortgage from being registered without their consent:
ii: be notified of the registration of electronic instruments:
9: specifying the classes of electronic instruments that require certification:
10: authorising classes of persons who may certify electronic instruments under this Act:
11: prescribing for each class of electronic instrument the matters that must be certified, including all or any of the following matters:
i: that the person giving the certificate has authority to act for the party specified in the regulations and that the party has the legal capacity to give the authority:
ii: that the person giving the certificate has taken reasonable steps to confirm the identity of the person who gave the authority to act:
iii: if statutory requirements have been specified by the Registrar for instruments of a particular class, that the instrument complies with those requirements:
iv: that the person giving the certificate has evidence showing the truth of the certifications and that the evidence will be retained for a prescribed period:
12: prescribing information that must be recorded in the register under section 11
13: specifying for the purposes of section 17(1)(b)
14: specifying for the purposes of section 18(c)
15: prescribing anything for the purposes of section 21(2)(b)
16: prescribing anything for the purposes of section 21(5)
17: specifying for the purposes of section 31(1)(a)
18: specifying classes of persons who must electronically lodge, or direct the electronic lodgement of, an instrument of a specified class (for the purposes of section 32(2)
19: specifying classes of instruments that are not capable of electronic lodgement (for the purposes of section 32(3)(a)
20: specifying for the purposes of section 33
21: specifying for each class of paper instrument the party to the instrument who must, or whose practitioner must, certify the instrument (for the purposes of section 34(1)
22: prescribing for each class of paper instrument the matters that must be certified:
23: specifying any orders of a court that may be included under section 42(3)(b)
24: prescribing offices that qualify an office holder as a representative under section 49(5)
25: prescribing the amount for the purposes of sections 62 63 section 70
26: for the purposes of sections 77 78
i: specifying transfers of specified estates in land that are exempt from the requirements of section 78
ii: specifying transfers of specified estates in land that are non-notifiable transfers (which may be non-notifiable in relation to the transferee or 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:
27: declaring estates in land that are specified estates in land for the purposes of section 77
(27A): declaring tax information to be identifying information for the purposes of section 83
28: prescribing for the purposes of section 102
29: prescribing the rights and powers implied in different classes of easements for the purposes of section 111
30: specifying classes of instruments that the Registrar may, under section 140(2)(l)
31: specifying instruments that may, under section 210
32: prescribing under sections 221(1)(g) 222(1)(e)
33: prescribing under section 223(1)(e)
34: prescribing any matter for which the Registrar may specify certain forms under section 225(1)
35: specifying fees and charges under section 229
36: providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
2: Regulations may be made under subsection (1)(26) 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 78
b: there is a low risk of tax avoidance in relation to the transfers proposed to be specified as exempt or non-notifiable.
3: The Minister must, as soon as practicable after the end of each period of 5 years from the commencement of this section,—
a: commence a review of regulations made under subsection (1)(26); and
b: consider as part of that review whether any matter contained in the regulations should be enacted in this Act.
4: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 227(1)(3) amended 30 March 2021 section 202(1) Taxation (Annual Rates for 2020–21, Feasibility Expenditure, and Remedial Matters) Act 2021 Section 227(1)(27A) inserted 30 March 2021 section 202(2) Taxation (Annual Rates for 2020–21, Feasibility Expenditure, and Remedial Matters) Act 2021 Section 227(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
228: Regulations providing for transitional matters
OIC LI 2018/192 2021-11-12 Land Transfer Act 2017 This section is repealed on the expiry of 3 years after the date on which section 228 comes into force. section 228(4). Section 228 is repealed 3 years after it comes into force Section 228 repealed 12 November 2021 Fees and charges
229: Fees and charges
1: Regulations made under section 227
a: the fees and 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:
iii: the performance of functions of the chief executive in relation to the administration and operation of this Act, including the provision of the register and other facilities and services by the chief executive:
b: the fees and charges payable, 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
i: cadastral surveys supporting title to land under this Act; and
ii: the maintenance of cadastral survey data:
c: the amount of the fees or charges or the method by which they are to be calculated:
d: the persons liable to pay the fees and charges:
e: the circumstances in which and the person by whom the payment of the whole or part of the fees and charges may be remitted or waived:
f: the manner in which the fees and charges are to be paid.
2: The chief executive or the Registrar may refuse to perform or exercise a function, duty, or power for which a fee is payable until—
a: the fee has been paid; or
b: the Registrar has accepted a credit arrangement for the payment of the fee.
3: Despite subsection (2), the Registrar may—
a: dispense with payment of all or any part of a fee payable under this Act; or
b: refund all or any part of a fee paid under this Act.
4: Regulations made under section 227
a: that interest is payable on an unpaid fee in accordance with Schedule 2
b: the circumstances and manner in which that interest is payable. Land registration districts
230: Land registration districts
1: The Governor-General may, by Order in Council,—
a: alter the boundaries of a district:
b: amalgamate 2 or more districts:
c: create new districts:
d: give a name to a district:
e: abolish all districts.
2: Unless the Registrar considers it appropriate to do so, an Order in Council under subsection (1) does not require the Registrar to alter or amalgamate parts of the register, including a record of title, a qualified record of title, or a limited record of title.
3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 230(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Registrar-General of Land
231: Registrar-General of Land
1: There must be a Registrar-General of Land appointed under the Public Service Act 2020
2: Unless the person is a barrister and solicitor of the High Court, no person may be—
a: appointed Registrar-General of Land; or
b: directed under clause 2(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: to ensure an efficient and effective system for registering dealings in land:
b: to manage the risk of fraud and improper dealings:
c: to ensure public confidence in the land titles system:
d: to ensure the maintenance of the integrity of the register and the right to claim compensation under subpart 3 1952 No 52 s 4 Section 231(1) amended 7 August 2020 section 135 Public Service Act 2020 Section 231(2)(b) amended 7 August 2020 section 135 Public Service Act 2020
232: Seal of office
1: The Registrar may have a seal of office with the impression of the New Zealand Coat of Arms and the words Registrar-General of Land, New Zealand
2: The seal may be electronic or mechanical.
3: An instrument that bears a representation of the Registrar's seal and that appears 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. 1952 No 52 s 6
233: Delegation of Registrar's duties and powers
1: The Registrar may delegate in writing any of the Registrar's duties and powers under this Act or any other Act other than—
a: a power or duty under any of sections 63 209(2)(b) 214 216 225 236
b: the power to delegate under this section.
2: A delegation may be made to—
a: a specified person:
b: persons of a specified class:
c: the holder of a specified office.
3: A delegation may be—
a: general; or
b: specific; or
c: limited to performing a duty or exercising a power in relation to a particular activity or operation or class of activity or operation.
4: A delegation may be made to a person whether or not that person is an employee of the department or of any other department or ministry of the public service
5: A delegation—
a: does not affect or prevent the performance of a duty or the exercise of a power by the Registrar:
b: does not affect the responsibility of the Registrar for the actions of a person to whom a duty or power is delegated:
c: may be revoked by the Registrar in writing:
d: continues in force despite a change in the person holding office as Registrar:
e: is subject to any directions or conditions imposed by the Registrar.
6: A person to whom a duty or power has been delegated may perform the duty or exercise the power in the same manner and with the same effect as if the duty or power had been conferred directly on the person by this Act.
7: A person to whom a duty or power is delegated must perform the duty or exercise the power in accordance with any standard set or directive issued by the Registrar under section 236
8: A person who purports to act under a delegation is, in the absence of proof to the contrary, presumed to be acting in accordance with the delegation.
9: A person to whom a duty or power is delegated who is not an employee of the department must, if requested to do so, produce evidence of the delegation. 1952 No 52 s 5 Section 233(4) amended 7 August 2020 section 135 Public Service Act 2020
234: Registrar not required to give certain evidence
1: Unless the court makes an order requiring the Registrar or a delegate of the Registrar to do so, neither the Registrar nor a delegate is obliged to—
a: produce in court evidence of information registered or recorded on the register or of an instrument registered or recorded on the register or in the custody of the Registrar or the delegate; or
b: give evidence of any matter in court.
2: The court may not make an order under subsection (1) unless it is satisfied that—
a: the personal attendance of the Registrar or the delegate is necessary; and
b: the evidence cannot be given by—
i: the production of a copy of an instrument certified under section 44(5) section 44(6)
ii: any other means. 1952 No 52 s 241
235: Registrar and other persons not personally liable
1: Neither the Registrar nor a delegate of the Registrar is personally liable for any act or omission in performing or exercising or purporting to perform or exercise a function, duty, or power—
a: under this Act; or
b: that the Registrar or delegate reasonably believed he or she could perform or exercise.
2: Subsection (1) does not apply if the Registrar or delegate acted, or omitted to act, in bad faith. 1952 No 52 s 243
236: Registrar may set standards and issue directives
1: The Registrar may set standards and issue directives in relation to—
a: the administration and operation of the register:
b: dealings by practitioners and other persons authorised to give certificates under this Act:
c: the retention of evidence under section 30
d: requirements to be satisfied where another enactment provides for the registration or notation of any instrument or thing under this Act:
e: compliance by any person with a requirement under this Act.
2: The Registrar must not set a standard or issue a directive unless the Registrar—
a: consults with any organisation that represents persons who will be affected by the standard or directive; and
b: gives the organisation an opportunity to comment on the proposed standard or directive; and
c: considers any comments made by the organisation.
3: The following are secondary legislation ( see Part 3
a: standards under this section:
b: directives under this section.
4: The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it on a website maintained by, or on behalf of, the department LA19 ss 73 74(1)(a) cl 14 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 236(3) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 236(4) repealed 28 October 2021 section 3 Secondary Legislation Act 2021
2: Amendments, repeals, and revocations
Amendments to Property Law Act 2007
237: Amendments to Property Law Act 2007
Sections 238 to 246 OIC LI 2018/192 2018-11-12 Property Law Act 2007 See Land Transfer Act 2017 Commencement Order 2018, (see section 2 PCO No 21478) Derek 17/10/2018
238: Section 4 amended (Interpretation)
1: In section 4 person bound or a restrictive covenant a restrictive covenant, or a covenant in gross (as defined by section 307A
2: In section 4 person entitled person entitled
a: in relation to an easement, a positive covenant, or a restrictive covenant benefiting land, an owner or occupier of the land who is entitled to enforce the easement or covenant:
b: in relation to a covenant in gross (as defined by section 307A
239: New cross-heading above section 301 inserted
Above section 301 Positive and restrictive covenants (benefiting land)
240: Section 304 amended (Whether, and to what extent, administrator bound by covenant to which section 303 applies)
In section 304(1) positive
241: Section 306 amended (Certain duties under, and law on, restrictive covenants not limited or affected by section 303)
In section 306 Section 303 does Sections 303 and 307C
242: New sections 307A to 307F and cross-heading inserted
After section 307 Covenants in gross
307A: Covenants in gross
In sections 307B to 307F and 318A to 318E covenant in gross
a: is expressed in an instrument coming into operation on or after the commencement of this section; and
b: requires the covenantor to do something, or to refrain from doing something, in relation to the covenantor’s land; and
c: benefits another person, but is not attached to other land.
307B: Construction of covenant in gross
1: A covenant in gross is enforceable by—
a: the covenantee; and
b: persons claiming through the covenantee.
2: A covenant in gross binds—
a: the covenantor; and
b: the covenantor’s successors in title; and
c: persons claiming through the covenantor or the covenantor’s successors in title.
3: Subsections (1) and (2) are subject to any contrary intention that appears in the instrument in which the covenant is expressed.
4: For the purposes of this section,—
a: the covenantor’s successors in title include an occupier for the time being of the burdened land:
b: a covenant in gross that requires the covenantor to refrain from doing something may relate to a subject matter not in existence when the covenant is made.
307C: Legal effect of covenant in gross
1: A covenant in gross is binding in equity on—
a: every person who becomes the owner of the burdened land,—
i: whether by acquisition from the covenantor or from any of the covenantor's successors in title; and
ii: whether or not for valuable consideration; and
iii: whether by operation of law or in any other manner; and
b: every person who is for the time being the occupier of the burdened land.
2: A covenant in gross ceases to be binding on a person referred to in subsection (1) when that person ceases to be the owner or occupier of the burdened land, but without prejudice to that person's liability for breach of the covenant arising before that person ceased to be the owner or occupier of the land.
3: Subsections (1) and (2) are subject to any contrary intention that appears in the instrument in which the covenant is expressed.
4: The benefit of a covenant in gross is capable of being assigned.
5: This section overrides any other rule of law or equity, but is subject to sections 307D and 307E
307D: Whether, and to what extent, administrator bound by covenant in gross
1: This section applies to an administrator of the estate of a person who was bound, at the time of that person's death, by a covenant in gross.
2: The administrator is bound by the covenant—
a: only if assets of the estate are available in the administrator's hand for meeting the obligations under the covenant; and
b: if so, only to the extent that they are so available.
307E: How rights under covenant in gross rank in relation to other unregistered interests
1: The rights under a covenant in gross rank, in relation to all other unregistered interests affecting the same land, as if the covenant were an equitable and not a legal interest.
2: The ranking, under subsection (1), of rights under a covenant in gross is subject to the effect of the notation of the covenant, under section 307F section 9
307F: Notation of covenants in gross
1: This section applies to a covenant in gross that burdens land under the Land Transfer Act 2017.
2: The Registrar may note on the record of title created under section 12
a: a covenant to which this section applies:
b: an instrument purporting to affect the operation of a covenant noted under paragraph (a):
c: a modification or revocation of a covenant noted under paragraph (a).
3: A covenant noted under subsection (2) is an interest noted on the register to which section 52(1)(b)
4: Notation of a covenant under subsection (2) makes the covenant an interest of the kind specified in subsection (3), but does not in any other way give the covenant any greater operation than it would otherwise have.
5: Covenant
243: Cross-heading above section 308 amended
In the cross-heading above section 308 covenants benefiting land
244: Cross-heading above section 313 amended
In the cross-heading above section 313 covenants benefiting land
245: Section 317 amended (Court may modify or extinguish easement or covenant)
1: In section 317(1)(d) entitled entitled; or
2: After section 317(1)(d)
e: in the case of a covenant, the covenant is contrary to public policy or to any enactment or rule of law; or
f: in the case of a covenant, for any other reason it is just and equitable to modify or extinguish the covenant, wholly or partly.
246: New sections 318A to 318E and cross-heading inserted
After section 318 Enforcement, modification, and extinguishment of covenants in gross
318A: Application of sections 308 to 312 to positive covenants in gross
1: Sections 308 to 312 apply, with any necessary modifications, to a positive covenant in gross as if it were a covenant to which those sections apply.
2: In this section, positive covenant in gross
318B: Application of section 313 to covenants in gross
Section 313 applies, with any necessary modifications, to a covenant in gross as if it were a covenant to which that section applies.
318C: Application for order under section 318D
1: A person bound by a covenant in gross may apply to a court for an order under section 318D
2: The application may be made in a proceeding brought by that person for the purpose or in a proceeding brought by any person in relation to, or in relation to land burdened by, that covenant.
3: The application must be served on—
a: the territorial authority in accordance with relevant rules of court, unless the court directs otherwise on an application for the purpose; and
b: any other persons, and in any manner, the court directs on an application for the purpose.
318D: Court may modify or extinguish covenant in gross
1: On an application (made and served in accordance with section 318C
a: the covenant ought to be modified or extinguished (wholly or partly) because of a change since its creation in all or any of the following:
i: the nature or extent of the use being made of the burdened land:
ii: the character of the neighbourhood:
iii: any other circumstances the court considers relevant; or
b: after reasonable inquiries have been made, the covenantee cannot be found; or
c: the continuation of the covenant in its existing form would impede the reasonable use of the burdened land in a different way, or to a different extent, from that which could reasonably have been foreseen by the original covenantor and covenantee at the time of its creation; or
d: every person entitled who is of full age and capacity—
i: has agreed that the covenant should be modified or extinguished (wholly or partly); or
ii: may reasonably be considered, by act or omission, to have abandoned, or waived the right to, the covenant, wholly or partly; or
e: the proposed modification or extinguishment will not substantially injure any person entitled; or
f: the covenant is contrary to public policy or to any enactment or rule of law; or
g: for any other reason, it is just and equitable to modify or extinguish the covenant, wholly or partly.
2: An order under this section modifying or extinguishing the covenant may require the applicant for the order to pay to any other person specified in the order reasonable compensation as determined by the court.
3: Nothing in this section limits or affects the operation of any other enactment or rule of law under which a covenant in gross may be—
a: declared void or voidable; or
b: set aside, cancelled, or extinguished; or
c: modified or varied.
318E: Registration and recording of orders under section 318D
1: If an order is made under section 318D section 307F
2: The amendments and entries are, when entered, binding on every person who is, or who later becomes, a person entitled, whether or not that person—
a: was of full age and capacity at the time the order was made; or
b: was a party to the proceeding.
3: If an order is made under section 318D
4: Every person to whom a written direction under subsection (3) is addressed must comply with that direction.
247: Amendments to Building Act 2004
1: In this section, the principal Act Building Act 2004
2: If section 24
a: in new section 133AL(5)(b) Land Transfer Act 1952 Land Transfer Act 2017
b: in new section 133AL(5)(c) section 137 of the Land Transfer Act 1952 section 138
3: If section 24
a: section 133AL(5)(b) Land Transfer Act 1952 Land Transfer Act 2017
b: section 133AL(5)(c) section 137 of the Land Transfer Act 1952 section 138 OIC LI 2018/192 2018-11-12 Building Act 2004 See Land Transfer Act 2017 Commencement Order 2018, (see section 2 PCO No 21478) Derek 17/10/2018 Repeals and revocations
248: Land Transfer Act 1952 and Statutory Land Charges Registration Act 1928 repealed
1: The Land Transfer Act 1952
2: The Statutory Land Charges Registration Act 1928 OIC LI 2018/192 2018-11-12 Land Transfer Act 1952 Statutory Land Charges Registration Act 1928 See Land Transfer Act 2017 Commencement Order 2018, (see section 2 PCO No 21478) Derek 17/10/2018
249: Regulations and orders revoked
1: The Land Transfer Regulations 2002
2: The Land Transfer (Compulsory Electronic Lodgement) Order 2007
3: The Land Transfer (Compulsory Electronic Lodgement) Order 2008 OIC LI 2018/192 2018-11-12 Land Transfer Regulations 2002 Land Transfer (Compulsory Electronic Lodgement) Order 2007 Land Transfer (Compulsory Electronic Lodgement) Order 2008 See Land Transfer Act 2017 Commencement Order 2018, (see section 2 PCO No 21478) Derek 17/10/2018 Amendments to other enactments
250: Amendments to other enactments
The enactments specified in Schedule 2 OIC LI 2018/192 2018-11-12 Administration Act 1969 Anglican Trust for Women and Children Act 1962 Anglican Trust for Women and Children Amendment Act 1968 Auckland Harbour Board (Westhaven) Vesting and Empowering Act 1979 Auckland Improvement Trust Act 1971 Auckland War Memorial Museum Act 1996 Building Act 2004 Building Societies Act 1965 Burial and Cremation Act 1964 Cadastral Survey Act 2002 Canterbury Property Boundaries and Related Matters Act 2016 Charitable Trusts Act 1957 Child Support Act 1991 Children's Health Camps Board Dissolution Act 1999 Christchurch City Council (Lancaster Park) Land Vesting Act 2008 Christian Churches New Zealand Property Trust Board Empowering Act 2016 City of Dunedin Leasing Empowering Act 1952 Climate Change Response Act 2002 Companies Act 1993 Conservation Act 1987 Corporations (Investigation and Management) Act 1989 Credit Contracts and Consumer Finance Act 2003 Criminal Proceeds (Recovery) Act 2009 Crown Forest Assets Act 1989 Crown Grants Act 1908 Crown Minerals Act 1991 Crown Pastoral Land Act 1998 Crown Research Institutes Act 1992 Deeds Registration Act 1908 Dempsey Trust Act 1892 District Court Act 2016 District Grand Lodges and District Grand Royal Arch Chapters of English Freemasons of New Zealand Trustees Act 1976 Domestic Actions Act 1975 Domestic Violence Act 1995 Earthquake Commission Act 1993 Education Act 1989 Education Lands Act 1949 Electricity Act 1992 Energy Companies Act 1992 Estate and Gift Duties Act 1968 Fencing Act 1978 Finance Act 1986 Finance Act 1988 Finance Act (No 2) 1989 Finance Act (No 2) 1994 Forest and Rural Fires Act 1977 Forestry Encouragement Act 1962 Forestry Rights Registration Act 1983 Forests Act 1949 Friendly Societies and Credit Unions Act 1982 Gisborne District Council (Alfred Cox Park) Validation Act 2006 Goods and Services Tax Act 1985 Government Roading Powers Act 1989 Grand Lodge of Freemasons of New Zealand Trustees Act 1903 Greater Christchurch Regeneration Act 2016 Harbour Boards Dry Land Endowment Revesting Act 1991 Health Act 1956 Health Sector (Transfers) Act 1993 Heritage New Zealand Pouhere Taonga Act 2014 Housing Act 1955 Housing Accords and Special Housing Areas Act 2013 Housing Assets Transfer Act 1993 Housing Corporation Act 1974 Housing Restructuring and Tenancy Matters Act 1992 Hutt Valley Drainage Act 1967 Income Tax Act 2007 Incorporated Societies Act 1908 Industrial and Provident Societies Act 1908 Insolvency Act 2006 Irrigation Schemes Act 1990 Joint Family Homes Act 1964 Land Act 1948 Land Drainage Act 1908 Land Transfer (Hawke’s Bay) Act 1931 Land Transport Management Act 2003 Lawyers and Conveyancers Act 2006 Legal Services Act 2011 Limitation Act 2010 Local Government Act 1974 Local Government Act 2002 Local Government (Rating) Act 2002 Loyal Orange Institution of New Zealand (Incorporated) Trust Act 1954 Maori Affairs Restructuring Act 1989 Maori Reserved Land Act 1955 Maori Reserved Land Amendment Act 1997 Marine and Coastal Area (Takutai Moana) Act 2011 Masonic Property Trusts Act 1956 Methodist Church Property Trust Act 1887 Mining Tenures Registration Act 1962 Ministry of Works and Development Abolition Act 1988 National Parks Act 1980 National Provident Fund Restructuring Act 1990 New Plymouth Airport Act 1961 New Zealand Railways Staff Welfare Society Dissolution Act 1999 Otago Regional Council (Kuriwao Endowment Lands) Act 1994 Palmerston North Reserves Empowering Act 1966 Presbyterian Church Property Act 1885 Privacy Act 1993 Private Schools Conditional Integration Act 1975 Property Law Act 2007 Property (Relationships) Act 1976 Protection of Personal and Property Rights Act 1988 Provincial Grand Lodge of New Zealand (Irish Constitution) Trustees Act 1946 Public Authorities (Party Wall) Empowering Act 1919 Public Bodies Leases Act 1969 Public Trust Act 2001 Public Works Act 1981 Queen Elizabeth the Second National Trust Act 1977 Ratings Valuations Act 1998 Real Estate Agents Act 2008 Reserve Bank of New Zealand Act 1989 Reserves Act 1977 Resource Management Act 1991 Retirement Villages Act 2003 Roman Catholic Bishops Empowering Act 1997 Senior Courts Act 2016 Social Security Act 1964 Soil Conservation and Rivers Control Act 1941 Southland Electricity Act 1993 State Insurance Act 1990 State-Owned Enterprises Act 1986 Student Loan Scheme Act 2011 Succession (Homicide) Act 2007 Tax Administration Act 1994 Te Ture Whenua Maori Act 1993 Tourist Hotel Corporation of New Zealand Act 1989 Treaty of Waitangi Act 1975 Trustee Act 1956 Trustee Companies Act 1967 Unit Titles Act 2010 Walking Access Act 2008 Waterfront Industry Reform Act 1989 Wellington Town Belt Act 2016 Building (Forms) Regulations 2004 Canterbury Earthquake (Resource Management Act—Burwood Resource Recovery Park) Order 2011 Climate Change (Forestry Sector) Regulations 2008 Climate Change (Pre-1990 Forest Land Allocation Plan) Order 2010 Electronic Transactions Regulations 2003 Fire Safety and Evacuation of Buildings Regulations 2006 Forests (Permanent Forest Sink) Regulations 2007 Forests (Planted Indigenous Forest Certificate) Regulations 2007 Incorporated Societies Regulations 1979 Lawyers and Conveyancers Act (Conveyancers: Registration and Practice) Regulations 2008 Lawyers and Conveyancers Act (Conveyancing Practitioners: Conduct and Client Care) Rules 2008 Lawyers and Conveyancers Act (Lawyers: Nominee Company) Rules 2008 Local Government (Auckland Regional Parks) Order 2008 Local Government (Tamaki Makaurau Reorganisation) Council-controlled Organisations Vesting Order 2010 Maori Occupation Orders Regulations 1994 Mining Tenures Registration Regulations 1996 Overseas Investment Regulations 2005 Property Law (Mortgagees’ Sales Forms) Regulations 2007 Resource Management (Forms, Fees, and Procedure) Regulations 2003 Retirement Villages (Fees) Regulations 2006 Retirement Villages (General) Regulations 2006 Rock Oyster Farming Regulations 1964 Unit Titles Regulations 2011 See Land Transfer Act 2017 Commencement Order 2018, (see section 2 PCO No 21478) Derek 17/10/2018