1: Title
1: This Act is the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002.
2: In this Act, the Land Transfer Act 1952 the principal Act
1: Preliminary provisions
2: Commencement
1: Except as provided in subsections (2) and (3) Schedules 1 3 4
2: Sections 44 60 61
3: Sections 42 43 45 to 52 54 56 58 59 62 64(1) 65(2) 66 67 2
3: Purposes of this Act
The purposes of this Act are—
a: to enable information technology to be used for the following purposes:
i: registering instruments, dealings, and other matters under the principal Act:
ii: recording and storing particulars of instruments, dealings, and other matters relating to land and title to land registered under the principal Act:
iii: preparing and lodging electronic instruments; and
b: to enable the things referred to in paragraph (a)
i: preserves the integrity and underlying purposes and principles of the principal Act; and
ii: does not affect the right to claim compensation under Part 11
c: otherwise to provide for the more efficient operation of the principal Act.
4: Interpretation
In this Act, unless the context otherwise requires,— chief executive computer freehold register section 7 computer interest register section 9 computer register computer unit title register section 11 electronic instrument section 236(1)(d) electronic transactions land section 25 electronic workspace facility section 22(1) medium
a: any electronic, electromagnetic, optical, digital, or photographic process or system; and
b: any paper; and
c: any other means of recording, reproducing, copying, or storing information Minister practitioner
a: a practitioner within the meaning of section 6
b: a landbroker licensed by the Registrar under section 229 register unique identifier Section 4 conveyancer repealed 1 August 2008 section 346(1) Lawyers and Conveyancers Act 2006 Section 4 practitioner inserted 1 August 2008 section 346(2) Lawyers and Conveyancers Act 2006
2: Computer registers and electronic instruments
5: Registrar may authorise registration in any medium
The Registrar may authorise the registration or deposit of instruments, and the recording of information, in any medium.
6: Recording and registration of certain matters to be effected under this Act
If land is subject to this Act,—
a: that land does not cease to be subject to the principal Act; and
b: every matter required by the principal Act, or any other enactment, to be entered, noted, deposited, recorded, registered, or specified in respect of the land under the principal Act must instead be done under this Act; and
c: in the case of electronic instruments, every matter required by the principal Act must, if provision is made for it in this Act, instead be done under this Act; and
d: the principal Act and every other enactment has effect accordingly. Creation of computer registers
7: Creation of computer freehold registers for freehold land
1: The Registrar may create a computer freehold register for any freehold interest in land that is subject to the principal Act.
2: If a computer freehold register is created for any land, the land becomes subject to this Act and remains subject to the principal Act.
3: If a computer freehold register for any land is created under this section,—
a: the relevant folium established under section 33
b: if the land is not electronic transactions land, a certificate of title must be issued under section 15
c: if any instrument has been registered or deposited under the principal Act in respect of that land, or is subsequently lodged for registration or deposit, the instrument may be held in its definitive form as determined by the Registrar.
4: The Registrar need not create a computer freehold register for any land in any particular case if, in his or her opinion, it is not expedient to do so.
8: Content of computer freehold registers
Each computer freehold register must comprise—
a: the unique identifier for that computer freehold register; and
b: a description of the land in a form determined by the Registrar from time to time; and
c: the unique identifier for each instrument relevant to the land and the information necessary to enable its priority to be determined; and
d: the name of the registered proprietor of the freehold interest in the land; and
e: any minority or other restriction on the legal capacity of the registered proprietor that is known to the Registrar; and
f: any other information or matter—
i: that is required to be included by any Act or regulations; or
ii: that is set out in any form prescribed by the principal Act for certificates of title and that the Registrar considers appropriate to include; or
iii: that the Registrar considers appropriate to give effect to the requirements of any Act or regulations.
9: Creation of computer interest registers
1: In this section and in section 10 interest
a: a lease registered or to be registered under the principal Act; or
b: any matter or interest less than the freehold incorporated or embodied as a folium of the register under the principal Act; or
c: any matter or interest embodied as a folium of the provisional register; or
d: any other matter incorporated or embodied in any other register in a Land Registry Office; or
e: any proclamation or notice published in the Gazette
2: The Registrar may create a computer interest register for any interest that is required or permitted to be registered.
3: If a computer interest register is created for any interest, the interest becomes subject to this Act and, if subject to the principal Act, remains subject to the principal Act.
4: The Registrar need not create a computer interest register for any interest in any particular case if, in his or her opinion, it is not expedient to do so.
5: If the principal Act or any other enactment directs or empowers the Registrar to incorporate or embody any registered interest or any other matter as a folium of the register or provisional register, or in any other register in a Land Registry Office, it is sufficient if the Registrar instead creates a computer interest register for that interest.
6: A requirement in any enactment to certify, endorse, note, notify, or record any matter, information, or thing against, in, or on any instrument for which the Registrar has created a computer interest register is satisfied if the Registrar records the matter, information, or thing in the computer interest register.
10: Content of computer interest registers
1: Each computer interest register must comprise—
a: the unique identifier for that computer interest register; and
b: a general description of the interest; and
c: a reference to the instrument that creates the interest; and
d: the unique identifier for each instrument relevant to the interest and the information necessary to enable its priority to be determined; and
e: the date on which the interest was registered; and
f: the name of the registered proprietor of the interest or a reference to the instrument stating that name; and
g: any minority or other restriction on the legal capacity of the registered proprietor that is known to the Registrar; and
h: any other information—
i: that is required to be included by any Act or regulations; or
ii: that the Registrar considers appropriate to give effect to the requirements of any Act or regulations.
2: If the interest to which the computer interest register relates is a lease registered or to be registered under the principal Act, the register may also include any provisions set out in any form prescribed by the principal Act for certificates of title that the Registrar considers appropriate to include.
3: A reference in the computer interest register to the instrument creating the interest to which the register relates takes effect as if the instrument were fully set out in the register.
11: Creation of computer unit title registers
1: The Registrar may create a computer unit title register for a stratum estate in freehold or a stratum estate in leasehold, within the meaning of the Unit Titles Act 2010
2: If a computer unit title register is created in respect of any principal unit (and any associated accessory units) and any future development units under the Unit Titles Act 2010
a: the unit or units become subject to this Act and remain subject to the Unit Titles Act 2010
b: the relevant folium established under section 33
c: if the unit is not electronic transactions land, a certificate of title must be issued under section 15
d: if any instrument has been registered or deposited under the principal Act in respect of the unit or units, or is subsequently lodged for registration or deposit, the Registrar may determine, for the purposes of section 27
3: The provisions of this Part apply, to the extent that they are applicable, and with any necessary modifications, to any unit or units in respect of which a computer unit title register has been created as if that register were a computer freehold register.
4: On or after creating a computer unit title register in respect of a unit, the Registrar may also create, in any medium determined by the Registrar, a register—
a: that must be treated as the supplementary record sheet kept for the relevant unit plan in accordance with section 47
b: that includes every entry on any supplementary record sheet kept in accordance with section 47
c: that has a unique identifier determined by the Registrar.
5: The Registrar need not create a computer unit title register in respect of any unit in any particular case if, in his or her opinion, it is not expedient to do so. Section 11(1) amended 20 June 2011 section 233(1) Unit Titles Act 2010 Section 11(2) amended 20 June 2011 section 233(1) Unit Titles Act 2010 Section 11(2)(a) amended 20 June 2011 section 233(1) Unit Titles Act 2010 Section 11(4)(a) amended 20 June 2011 section 233(1) Unit Titles Act 2010 Section 11(4)(b) amended 20 June 2011 section 233(1) Unit Titles Act 2010
12: Content of computer unit title register
Each computer unit title register must comprise—
a: the unique identifier for that computer unit title register; and
b: the number of the principal unit on the relevant unit plan and the letter allotted to any associated accessory unit and any future development unit on that plan; and
c: the unique identifier for each instrument relevant to the principal unit and any associated accessory unit, and the information necessary to enable the priority of the instrument to be determined; and
d: a statement that the stratum estate concerned is subject to the reservations, restrictions, encumbrances, liens, and interests that are notified by memorial or by a unique identifier on the computer unit title register and on the relevant unit plan and the supplementary record sheet for the plan kept in accordance with section 47
e: the name of the registered proprietor of the stratum estate concerned; and
f: any minority or other legal restriction on the legal capacity of the registered proprietor that is known to the Registrar; and
g: any other information that is required to be included by any Act or regulations, or that the Registrar considers appropriate to give effect to the requirements of any Act or regulations. Section 12(d) amended 20 June 2011 section 233(1) Unit Titles Act 2010
13: Composite computer registers
1: If the Registrar considers it appropriate, he or she may create a composite computer register comprising all or any of a computer freehold register, computer interest register, and computer unit title register.
2: Composite certificates of title for land that is not electronic transactions land may be issued accordingly.
14: Format of computer registers
A computer register may be held or stored in any medium or combination of media that will enable it to be maintained or accessed for the purposes of this Act and the principal Act, or for any other lawful purpose. Certificates of title for land that is not electronic transactions land
15: Issue of certificates of title for land that is not electronic transactions land
1: This section applies to land subject to this Act that is not electronic transactions land.
2: When acting under section 16(2) (3) (4)(a) (4)(b)
a: prepare a new certificate of title; and
b: cancel any other relevant certificate of title relating to the land that is in the Registrar's custody and issue the new certificate in its place; and
c: give the new certificate to the person who would otherwise be entitled to receive the certificate of title.
3: The Registrar may not issue a certificate of title under subsection (2)
4: The format of the certificate of title issued under this section must be determined by the Registrar and must include a representation of the New Zealand Coat of Arms and the seal of the Registrar.
5: When creating a computer interest register for a lease registered under this Act, the Registrar must issue a leasehold certificate of title, and the provisions of subsection (2)
16: Directions and authorisations for land that is not electronic transactions land
1: This section applies to land subject to this Act that is not electronic transactions land.
2: When an application or request is made for a certificate of title under any enactment for any purpose, including any amalgamation, subdivision, or separation, the Registrar may instead create the appropriate computer register and issue a certificate of title under section 15
3: If the Registrar is authorised or directed by any enactment to issue a certificate of title, the Registrar may instead create a computer register and issue a certificate of title under section 15
4: If any enactment contains an authorisation or direction of a type described in subsection (5)
a: make an equivalent entry in a computer register:
b: create an appropriate computer register.
5: Subsection (4)
a: make an entry in the register; or
b: enter a memorandum in the register or endorse one on a certificate of title or on a duplicate certificate of title; or
c: amend a certificate of title; or
d: make any other entry or endorsement or notation in the register or on a certificate of title or on a duplicate certificate of title; or
e: file or deposit any instrument or covenant, notice, or resolution in a Land Registry Office.
6: If any enactment contains an authorisation or direction to certify, endorse, note, notify, or record any matter, information, or thing against, in, or on a document held in any Land Registry Office, the Registrar may instead make an appropriate entry in a computer register.
7: If the Registrar takes action under subsection (4) or subsection (6)
17: References to certificates of title for land that is not electronic transactions land
1: This section applies to references to certificates of title in relation to land subject to this Act that is not electronic transactions land.
2: A reference in the principal Act
3: A reference in the principal Act section 15
4: A reference in any enactment to the issue of a certificate of title must be read as a reference to the creation of a computer register and the issue of a certificate of title.
5: Section 17(2) amended 20 June 2011 section 233(1) Unit Titles Act 2010 Section 17(3) amended 20 June 2011 section 233(1) Unit Titles Act 2010 Section 17(5) repealed 20 June 2011 section 233(1) Unit Titles Act 2010 No certificates of title for electronic transactions land
18: No certificates of title for electronic transactions land
1: The Registrar must not issue a certificate of title for electronic transactions land.
2: If land is declared under section 25
19: Directions and requirements for electronic transactions land
1: This section applies to land subject to this Act that is electronic transactions land.
2: A requirement or authorisation for the Registrar to issue a certificate of title is satisfied by creating an appropriate computer register.
3: A requirement that any person produce or deliver a certificate of title does not apply.
4: A requirement or authorisation for the Registrar to cancel a certificate of title is satisfied by doing an act in relation to a computer register that has the same effect.
5: A reference in any enactment for the purpose of describing a parcel of land must be read as a reference with equivalent effect to a computer register.
6: If any enactment contains an authorisation or direction of a type described in subsection (7)
a: make an equivalent entry in a computer register:
b: create an appropriate computer register.
7: Subsection (6)
a: make an entry in the register; or
b: enter a memorandum in the register or endorse one on a certificate of title or on a duplicate certificate of title; or
c: amend a certificate of title; or
d: make any other entry or endorsement or notation in the register or on a certificate of title or on a duplicate certificate of title; or
e: file or deposit any instrument or covenant, notice, or resolution in a Land Registry Office.
8: If any enactment contains an authorisation or direction to certify, endorse, note, notify, or record, any matter, information, or thing against, in, or on a document held in any Land Registry Office, the Registrar may instead make an appropriate entry in a computer register.
9: If the Registrar takes action under subsection (6) or subsection (8)
20: References to certificates of title for electronic transactions land
1: This section applies to references in any enactment to certificates of title in relation to land subject to this Act that is electronic transactions land.
2: A reference to a folium of the register must be read as a reference to the appropriate computer register.
3: A reference to a certificate of title or duplicate certificate issued or capable of being issued to the registered proprietor of an estate or interest in any land must be read as a reference to the appropriate computer register.
4: Section 20(4) repealed 20 June 2011 section 233(1) Unit Titles Act 2010 Easements
21: How easement recorded
1: Whenever any easement or incorporeal right (other than an annuity or rentcharge) in or over any land under this Act or the principal Act is created for the purpose of being annexed to, or used and enjoyed together with, other land under this Act or the principal Act, the Registrar must enter a unique identifier or a memorial of the instrument creating that easement or incorporeal right on the computer register and any certificate of title for the other land.
2: That memorial or unique identifier has, as from the date of its entry, the effect of including the easement or incorporeal right in the computer register and certificate of title (if any). Electronic instruments
22: Electronic workspace facilities
1: The Registrar may approve 1 or more electronic workspace facilities for use in the preparation of electronic instruments for presentation to the Registrar.
2: The Registrar must not approve an electronic workspace facility unless he or she is satisfied that adequate provision is made to ensure that—
a: instruments prepared in the facility comply with the requirements of this Act and the principal Act when lodged; and
b: the Registrar is able to carry out his or her functions under this Act.
3: The Registrar may monitor activities in any electronic workspace facility for the purpose of detecting fraud or improper dealings.
4: The Registrar may withdraw approval of any electronic workspace facility at any time if the facility fails to meet the requirements referred to in subsection (2)
5: The chief executive may (but is not required to) provide an approved electronic workspace facility.
6: If the chief executive does provide an electronic workspace facility, he or she may—
a: set conditions for its use, including his or her right to carry out audits to ensure a person's compliance with the conditions, and prevent its use by persons who do not comply with the conditions; and
b: monitor activities in it for the purpose of maintaining its effectiveness and efficiency.
23: When electronic instruments are in order for registration
1: An electronic instrument is in order for registration if—
a: the instrument has been prepared in an electronic workspace facility approved by the Registrar; and
b: the instrument is in an acceptable form; and
ba: the instrument is associated with the information required under section 156B(2)
c: the instrument contains or is associated with a certification under section 164A
d: in respect of any matter not provided for in this Act, the instrument is in order for registration under the principal Act.
2: If an electronic instrument is not in order for registration,—
a: the Registrar must notify the person who submitted the instrument, and that notification constitutes an effective return of the instrument under section 43(1)(a)
b: section 43 Section 23(1)(ba) inserted 1 October 2015 section 9(2) Land Transfer Amendment Act 2015
24: Electronic lodgement may be made compulsory for
practitioners
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, apply this section to practitioners
2: The Minister must not make a recommendation under subsection (1)
a: he or she is satisfied that the organisations that he or she considers are representative of practitioners
b: an electronic workspace is available.
3: If this section applies, practitioners
a: the practitioner section 164B
b: the Registrar has determined that it is impractical or inappropriate to present an instrument electronically.
4: The Registrar may refuse to accept a paper instrument presented by any person if he or she believes on reasonable grounds that acceptance of the paper instrument would defeat the purpose of an Order in Council made under subsection (1) Section 24 heading amended 1 August 2008 section 347(1) Lawyers and Conveyancers Act 2006 Section 24(1) amended 1 August 2008 section 347(2)(a) Lawyers and Conveyancers Act 2006 Section 24(2)(a) amended 1 August 2008 section 347(2)(a) Lawyers and Conveyancers Act 2006 Section 24(3) amended 1 August 2008 section 347(2)(a) Lawyers and Conveyancers Act 2006 Section 24(3)(a) amended 1 August 2008 section 347(2)(b) Lawyers and Conveyancers Act 2006
25: Electronic transactions land
1: Land is electronic transactions land if it is subject to this Act and—
a: the Registrar makes an entry on a computer register to the effect that the land is electronic transactions land; or
b: the Registrar has, by notice in the Gazette
c: the land forms part of an area of land that the Registrar has, by notice in the Gazette
2: Land ceases to be electronic transactions land if—
a: the Registrar makes an entry to that effect on a computer register; or
b: the Registrar has, by notice in the Gazette
c: the land forms part of an area of land that the Registrar has, by notice in the Gazette
26: Acceptable forms for electronic instruments
1: An electronic instrument is in an acceptable form only if it is in a form specified by the Registrar.
2: Without limiting subsection (1)
a: the information contained in the form:
b: the electronic format to be used:
c: the way a certification is included in, or associated with, the form.
3: Despite any rule of law to the contrary, an electronic instrument need not contain an operative provision that gives effect to the object of the instrument. Registration and access to register
27: Registrar's copy of instrument to be definitive
1: Whenever, after the commencement of this Act, an instrument or other document is presented to the Registrar under the principal Act, this Act, or any other Act, the Registrar may—
a: produce, as often as the Registrar thinks necessary, a record or copy or image of the instrument or document in any medium determined by the Registrar; and
b: return the instrument or document (and any extra copies presented) to the person who presented it with an indication that it has been copied or imaged under this subsection unless the instrument or document needs to be retained to enable the copy or image to be understood.
2: When the Registrar produces, under subsection (1) section 30
3: The Registrar may produce a record or copy or image of—
a: any instrument in respect of which registration has been completed under the principal Act; or
b: any other document that has been deposited under the principal Act.
4: When the Registrar produces, under subsection (3)
5: In the absence of proof to the contrary, every matter arising under the principal Act or this Act relating to an instrument or other document recorded or copied or imaged under this section must, for all purposes, be effected and determined as if the instrument or other document had been presented in that form.
6: If the Registrar acts under subsection (1), section 38(1)
28: Instrument presented but copying, imaging, or data capture defective
1: In addition to the powers under section 43
a: in the case of a paper instrument, to properly copy or image it; or
b: in the case of an electronic instrument, to properly capture the data in it.
2: If subsection (1)
3: If subsection (1)
a: the priority of the instrument is not affected so long as the instrument is resubmitted within 2 months or any other period that the Registrar may allow; and
b: the Registrar must contribute, to the extent prescribed, to the costs or expenses incurred in resubmitting the instrument; and
c: if any instrument is not resubmitted in accordance with this section within the period applicable under paragraph (a)
29: Unique identifiers
The Registrar may assign a unique identifier—
a: for every instrument or other document presented to, deposited with, or registered by the Registrar; and
b: for every computer register created by the Registrar.
30: How registration effected
1: The registration of an instrument or other matter under this Act is effected when a unique identifier for the instrument or matter is entered in the relevant computer register.
2: Section 34
31: Information to become part of register
1: All information at any time registered under this Act is part of the register.
2: This section does not affect the limitation imposed by section 155A(5)
3: This section does not apply to any information if any other enactment expressly provides that the information does not form part of the register.
32: Information to be retained
All information at any time recorded in a computer register must be retained by the Registrar either in the computer system or elsewhere, even if—
a: the information was erroneous and has been corrected; or
b: the information is an old description that has been superseded; or
c: the information was, but is no longer, current information; or
d: the computer system is no longer being maintained.
33: Rights to search and copy information
1: The right to have access to the register for the purpose of inspection under section 46
2: The following have effect as provided for in subsections (3) to (6)
a: the power of the Registrar to provide a search copy under section 45A
b: the power of the Registrar to provide a copy of an instrument under any other enactment:
c: the right of a person to receive a copy of an instrument under any enactment.
3: The right and the powers referred to in subsection (2)
a: in the case of an instrument recorded or registered in the medium of paper, a paper document that is a copy of that instrument; or
b: in the case of an instrument recorded in a medium other than paper, a paper document that records the content of the instrument and complies with section 35(a) (b)
4: In addition, the right and the powers referred to in subsection (2)
5: The chief executive may make a determination under subsection (4)
6: The exercise of the right or of any power referred to in subsection (2) Evidentiary provisions
34: Evidentiary effect of certificates of title and computer registers
1: This section applies to a document or instrument that—
a: either—
i: appears to record the contents of a computer register under this Act; or
ii: if the land is not electronic transactions land, appears to be in the form prescribed for a certificate of title; and
b: does not appear to have been altered in any way.
2: The document or instrument—
a: must be received in all courts as evidence of—
i: the information it contains; and
ii: the recording of that information in the register; and
b: is conclusive evidence that, at the time it was issued, the information shown on it identified all of the interests and other matters in the computer register concerned; and
c: unless the contrary is proved by the production of a statement by the Registrar under subsection (3)
i: the person named in the certificate or computer register (or in any information forming part of it) as holding an estate or interest in land to which it relates holds that estate or interest as from the date of the certificate or as from the date from which it is expressed to take effect; and
ii: the land to which it relates is subject to the principal Act and this Act.
3: In the absence of proof to the contrary, a statement certified by or on behalf of the Registrar as to any matters recorded under this Act is conclusive evidence of those matters.
4: In the absence of proof to the contrary, the fact that a statement relating to any matter referred to in subsection (3)
35: Computer printout, etc, admissible in evidence
If an instrument is recorded or registered in any medium other than paper, a document that records the contents of the instrument is admissible in evidence if the document—
a: is generated by or produced from the computer system; and
b: is in a readily understandable form; and
c: is certified by or on behalf of the Registrar as a true representation of the instrument. Sections 65 to 69 of principal Act excluded
36: Certain provisions of principal Act not to apply to certificates of title issued under this Act
Sections 65 to 69 Administration
37: Abolition of offices of Registrar of Deeds and Deputy Registrar of Deeds
1: The offices of Registrar of Deeds and Deputy Registrar of Deeds under the Deeds Registration Act 1908
2: No compensation is payable to any holder of the office of Registrar of Deeds or Deputy Registrar of Deeds by reason of the abolition of the offices in subsection (1)
38: Statutory references to District Land Registrars
1: This section applies to every reference in any enactment other than this Act to—
a: a District Land Registrar generally; or
b: the District Land Registrar of a specified district; or
c: the District Land Registrar of the district in which any land is situated.
2: Every reference to which this section applies must be read as a reference to the Registrar.
3: The references to a Registrar in sections 225 226
3: Amendments to Land Transfer Act 1952
39: Registrar-General of land
Section 4
3: In exercising or performing the powers and duties of the Registrar, the Registrar and every delegate of the Registrar must have regard to the following objectives:
a: ensuring an efficient and effective system for registering dealings in land:
b: managing the risk of fraud and improper dealings:
c: ensuring public confidence in the land titles system:
d: ensuring the maintenance of the integrity of the register and the right to claim compensation under Part XI
40: Delegation of Registrar's powers and duties
1: Section 5(1)
a: by inserting, after the words any employee of the chief executive of the Department or any other suitable person
b: by inserting, after the words powers or duties under this Act or any other Act
2: Section 5
8: If any person who is not an employee of the chief executive of the Department is purporting to act under a delegation under this section, that person is presumed to be acting in accordance with the terms of a delegation in the absence of proof to the contrary but must provide evidence of the delegation if so requested.
41: New section 47 inserted
The principal Act is amended by inserting, after section 46
47: Presentation of instruments for registration
1: A person claiming under an instrument, or anyone acting on his or her behalf, may present the instrument at a designated land transfer office—
a: by hand at the public counter; or
b: by depositing the instrument in a secure facility provided for that purpose; or
c: by posting it to that office.
2: For the purpose of subsection (1) designated land transfer office
3: Subject to subsections (4), (5), and (6) section 37
4: An instrument presented in the manner provided for in subsection (1)(b) or (c)
5: Any caveat of any kind or notice of claim under the Property (Relationships) Act 1976 subsection (1)(b) or (c)
6: Except where subsection (5) subsection (1)(b) or (c)
a: if section 41(2)
b: if section 41(2)
42: New section 70 substituted
The principal Act is amended by repealing section 70
70: Removal of easements and
profits á prendre
1: If any easement or profit á prendre
2: For the purposes of subsection (1)
a: the dominant tenement or any part of it has become separated from the servient tenement as a result of a subdivision or otherwise; and
b: the easement no longer benefits the dominant land.
3: A person who wishes the Registrar to make an entry to the effect that an easement is redundant must apply to the Registrar, and give the Registrar a statutory declaration or declarations to the effect that specific circumstances exist that meet—
a: the criteria set out in subsection (2)
b: any other criteria specified by the Registrar for determining that easements are redundant.
4: The Registrar may make an entry that an easement is determined, extinguished, or redundant if he or she—
a: has given notice of his or her intention to do so to all persons appearing to him or her to be entitled to any interest under the easement; and
b: has given the prescribed period of public notice of his or her intention to do so; and
c: No objections have been received.
5: The estate or interest of the registered proprietor of the easement or profit á prendre
6: The requirement to give notice under subsection (4)
43: New sections 90 to 90F substituted
The principal Act is amended by repealing sections 90 to 90F
90: Transfers and creation of easements, etc, by registered proprietor
1: A transfer instrument may be used for the purpose of registering under this Act—
a: the transfer of any land or estate or interest in land; or
b: the creation of any easement or profit á prendre
2: A transfer instrument must include the following information:
a: the estate or interest to be transferred or created, which must include a reference to the register in the prescribed manner; and
b: the person who is to take the interest.
3: A transfer instrument must be executed by—
a: the registered proprietor of the estate or interest; and
b: if an easement or profit á prendre
c: if an easement is reserved, the transferee.
90A: Creation and surrender of easements by easement instrument
1: This section does not limit other provisions by which easements may be created or surrendered.
2: An easement that could be created or surrendered by a transfer under section 90
3: An easement instrument must include the following information:
a: in the case of an easement not in gross, the dominant and servient tenements, which must include a reference to the register in the prescribed manner; and
b: in the case of an easement in gross, the servient tenement, which must include a reference to the register in the prescribed manner, and the person to whom the easement is to be granted; and
c: the nature and extent of any easement to be created; and
d: the rights and powers that will apply to any easement to be created; and
e: any easement to be surrendered, which must include a reference to the register in the prescribed manner.
4: An easement instrument must be executed by,—
a: in the case of an easement not in gross, the registered proprietors of the dominant and servient tenements; and
b: in the case of an easement in gross, the registered proprietor of the servient tenement and the grantee.
5: Easements are created or surrendered under this section when the easement instrument specifying them is registered.
6: Section 69 of this Act and section 21
90B: Creation and surrender of easements on deposit of plan
1: The provisions of this section do not limit other provisions by which easements may be created or surrendered.
2: An easement that could be created or surrendered by transfer under section 90
3: An easement may be created under this section by specifying—
a: the dominant or servient tenement or both (as the case requires), which must include a reference to the register in the prescribed manner; and
b: the nature and extent of the easement; and
c: the rights and powers that will apply to the easement created under this section by referring without modification to applicable rights and powers—
i: prescribed in regulations made under this Act; or
ii: contained in a memorandum registered under section 155A
4: The matters set out in subsection (3)
a: in a deposit document specified by the Registrar under section 167A
b: on a plan in a form specified in rules made under the Cadastral Survey Act 2002
5: The consent of the following persons is required for the creation or surrender of easements under this section:
a: in the case of an easement not in gross, the registered proprietors of the dominant and servient tenements; and
b: in the case of an easement in gross, the registered proprietor of the servient tenement and the grantee.
6: Easements are created or surrendered under this section,—
a: if specified in a deposit document, when the plan to which that document relates is deposited under section 167
b: if specified on a plan, when that plan is deposited under section 167
7: Section 69 of this Act and sections 21 and 30
90C: Variation of easements
1: An easement variation instrument may be registered to effect any of the following changes to any term, covenant, or condition of any easement created or registered under this Act:
a: varying it:
b: negativing it:
c: adding to it.
2: An easement variation instrument must specify the easement to be varied by reference to the register in the prescribed manner.
3: An easement instrument must be executed by,—
a: in the case of an easement not in gross, the registered proprietors of the dominant and servient tenements; and
b: in the case of an easement in gross, the registered proprietor of the servient tenement and the grantee.
90D: Rights and powers implied in certain easements
1: Regulations made under this Act may specify, for the purposes of this section,—
a: different classes of easements; and
b: the rights and powers that are to be implied in them.
2: Subject to subsection (3)
3: An instrument creating an easement may alter the rights and powers implied under subsection (1)
a: varying any implied rights and powers:
b: negativing any implied rights and powers:
c: providing additional rights and powers:
d: substituting rights and powers for any implied rights and powers.
4: Subsection (3) section 90B
5: The rights and powers that apply by virtue of this section become binding on the grantor and the grantee on the registration of the easement.
6: The provisions of this section are in addition to, and not in derogation, of the provisions of sections 26(4), 27(3), and 28(3) of the Housing Act 1955
90E: General provisions relating to easements
1: Despite any rule of law or equity to the contrary, an easement may be created or varied under any of sections 90A, 90B, or 90C
2: When easements are created under section 90A or section 90B
a: the registered proprietor of the servient tenement is the grantor:
b: the registered proprietor of the dominant tenement is the grantee:
c: in the case of Crown land, the registered proprietor is Her Majesty the Queen:
d: if the land is land of the Crown for which there is no certificate of title or computer register, the Registrar must constitute a separate folium of the register or computer register for the easement or easements.
3: Consent is needed as follows:
a: the creation or variation of an easement under any of sections 90A, 90B, or 90C
b: the variation of an easement under section 90C
c: the surrender of an easement under section 90A or section 90B
4: If a mortgagee gives a consent under subsection (3) profit á prendre
5: Sections 90A, 90B, 90C, and 90D, and subsections (1) to (4)
a: easement profit á prendre
b: rights and powers
90F: Creating and noting land covenants
1: Any covenant that could be contained in an instrument to which section 126A of the Property Law Act 1952 section 90A or section 90B inter partes
2: Sections 90A to 90E subsection (1)
a: sections 90A(5) and 90B(6) inter partes
b: sections 90A(6) and 90B(7)
3: Sections 63 to 71, 126, 126A, and 126G of the Property Law Act 1952 subsection (1)
4: A notification under section 126A of the Property Law Act 1952 subsection (1)
5: Subsection (4)
44: New heading and section 99B inserted
The principal Act is amended by inserting in Part 5 section 99A Instruments for adoption by other enactments
99B: Forms for instruments available for adoption by other enactments
1: Regulations made under this Act may prescribe instruments under this Act that are available for adoption (with or without modification) by any other enactment that provides for the registration or noting of any thing under this Act.
2: Neither this section nor any regulations made for the purposes of it affect the operation of any enactment that—
a: provides for the registration or noting of any thing under this Act; but
b: does not expressly adopt a form specified in regulations referred to in subsection (1)
45: New sections 101 to 103 substituted
The principal Act is amended by repealing sections 101 to 103
101: Forms of mortgage
1: A mortgage instrument or an encumbrance instrument is required for the purposes of charging any land or estate or interest under this Act or making any such land or estate or interest security for payment of any money.
2: A mortgage instrument must contain the following information:
a: the land or estate or interest to be mortgaged, which must include a reference to the register in the prescribed manner; and
b: the person who is to take the mortgage; and
c: the nature of the debt secured by the mortgage; and
d: the covenants and conditions (if any); and
e: the priority amount under section 80A of the Property Law Act 1952
3: A mortgage instrument must be executed by the registered proprietor.
4: An encumbrance instrument must contain the following information:
a: the land or estate or interest to be encumbered, which must include a reference to the register in the prescribed manner; and
b: the person for whose benefit the land or estate or interest is to be encumbered; and
c: the nature of the sum, annuity, or rentcharge secured; and
d: the events (if any) on which the sum, annuity, or rentcharge becomes or ceases to be payable; and
e: the covenants and conditions (if any).
5: An encumbrance instrument must be executed by the encumbrancer.
6: In this section, debt
102: Variation of mortgage terms
1: A mortgage variation instrument is required for the purpose of varying, in respect of any mortgage registered under this Act,—
a: the amount secured by the mortgage; or
b: the rate of interest; or
c: the term or currency of the mortgage; or
e: the covenants, conditions, and powers contained or implied in the mortgage.
2: A mortgage variation instrument must contain the following information:
a: the mortgage, which must include a reference to the register in the prescribed manner; and
b: the nature of the variation.
3: A mortgage variation instrument must be executed by—
a: the mortgagor, except where the variation only operates to reduce the amount secured or rate of interest; and
b: the mortgagee, except where the variation only operates to increase the amount secured or rate of interest.
4: If the land is subject to another mortgage, the consent of the mortgagee under that mortgage must be obtained.
103: Variation of priority of mortgages
1: Despite anything in section 37 or section 47
2: A mortgage priority instrument must contain the following information:
a: each mortgage that will be affected by the change in priority, which must include a reference to the register in the prescribed manner; and
b: the priority of the mortgages intended following registration.
3: If any mortgage so postponed is subject to a submortgage, the mortgage priority instrument is not effective unless the submortgagee has consented.
4: Upon the registration of the mortgage priority instrument, there is implied in every mortgage so postponed the covenants, conditions, and powers set out in the Third Schedule
5: Upon the registration of a mortgage priority instrument, the Registrar must notify it on the register.
6: A mortgage priority instrument must be executed by—
a: the mortgagor; and
b: every mortgagee under every mortgage that, as a result of the mortgage priority instrument, will be ranked after any mortgage over which it previously had priority.
7: For the purposes of this section, mortgage
46: New section 111 substituted
The principal Act is amended by repealing section 111
111: Discharge of mortgage
1: A mortgage discharge instrument is required for the purpose of registering a discharge of any mortgage under this Act.
2: A mortgage discharge instrument must contain the following information:
a: the land to be discharged from the mortgage, which must include a reference to the register in the prescribed manner; and
b: the mortgage to be discharged, which must include a reference to the register in the prescribed manner; and
c: the part of the principal sum, annuity, or other sum to be discharged if it is not to be fully discharged.
3: A mortgage discharge instrument must be executed by the mortgagee.
4: Upon the registration of a discharge instrument,—
a: the Registrar must record the discharge in the register and on the certificate of title for the land (if any); and
b: the land identified in the discharge instrument ceases to be subject to or liable for the debt or annuity secured by the mortgage.
47: New sections 115 and 116 substituted
The principal Act is amended by repealing sections 115 116
115: Form and registration of leases
1: A lease instrument is required for the purposes of registering under this Act the lease or demise of any land for a life or lives, or for a term of not less than 3 years.
2: A lease instrument must contain the following information:
a: the land or estate or interest to be leased, which must include a reference to the register in the prescribed manner; and
b: the person who is to acquire the interest as lessee; and
c: the term of the lease; and
d: the rent payable; and
e: the terms and conditions that are to apply to the lease.
3: A lease instrument must be executed by—
a: the registered proprietor; and
b: the lessee.
4: If the land or estate or interest to be leased is subject to a mortgage, the consent of the mortgagee must be obtained.
5: A lease instrument may be registered even though it is for a term of less than 3 years, but no lease or agreement for lease for a period less than 3 years is void merely because no lease instrument has been executed or registered.
116: Variation of lease
1: A lease variation instrument is required for the purpose of varying, in respect of any lease registered under this Act,—
a: the term of the lease by way of extension; or
b: the covenants, conditions, and restrictions contained in the lease.
2: A lease variation instrument extending the term of a lease must be registered before the expiry of the then current term of the lease.
3: A lease variation instrument must contain the following information:
a: the lease to be varied, which must include a reference to the register in the prescribed manner; and
b: the nature of the variation.
4: A lease variation instrument extending the term of a lease has the same effect as if it were a lease instrument for the extended term subject to the same covenants, conditions, and restrictions, with any necessary modifications, as are contained or implied in the lease.
5: Upon the registration of the lease variation instrument, the estate of the lessee under the instrument is deemed to be subject to all encumbrances, liens, and interests to which the lease is subject at the time of the registration. For the purposes of this subsection, all references in any Act or in any agreement, deed, instrument, notice, or other document to the lease or to the estate of the lessee under the instrument must, unless inconsistent with the context or with the provisions of this section, be read as references to the lease as varied by the lease variation instrument or to the estate of the lessee under the instrument, as the case may be.
6: A lease variation instrument must be executed by the lessor and lessee.
7: If the land subject to the lease is subject to a mortgage, the consent of the mortgagee must be obtained.
48: New section 120 substituted
The principal Act is amended by repealing section 120
120: Surrender of lease
1: A lease surrender instrument is required for the purpose of surrendering any lease registered under this Act.
2: A lease surrender instrument must state the lease to be surrendered, which statement must include a reference to the register in the prescribed manner.
3: A lease surrender instrument must be executed by the lessor and the lessee.
4: Upon the registration of a lease surrender instrument,—
a: the Registrar must record the surrender in the register and on the certificate of title for the land (if any); and
b: the estate and interest of the lessee vests in the person entitled to the reversion.
5: A lease subject to mortgage or underlease must not be surrendered without the consent of the mortgagee or sublessee.
49: New sections 136 and 137 substituted
The principal Act is amended by repealing sections 136 to 139
136: Caveat against bringing land under Act
1: A person who has or claims to have an interest in any land that is the subject of an application seeking to bring the land under this Act may, within the prescribed period set out in a public notice given by the Registrar, lodge with the Registrar a caveat against bringing the land under this Act.
2: A caveat under this section must contain the following information:
a: the name of the caveator; and
b: the nature of the land or estate or interest claimed and the ground on which the claim is founded; and
c: the land subject to the claim; and
d: the date the public notice required by subsection (1)
e: an address for service for the caveator; and
f: any other information or evidence that may be required by regulations made under this Act.
3: Caveats under this section must be executed by the caveator or the caveator's attorney or agent.
137: Caveat against dealings with land under Act
1: Any person may lodge with the Registrar a caveat against dealings in any land or estate or interest under this Act if the person—
a: claims to be entitled to, or to be beneficially interested in, the land or estate or interest by virtue of any unregistered agreement or other instrument or transmission, or of any trust expressed or implied, or otherwise; or
b: is transferring the land or estate or interest to any other person to be held in trust.
2: A caveat under this section must contain the following information:
a: the name of the caveator; and
b: the nature of the land or estate or interest claimed by the caveator, which must be stated with sufficient certainty; and
c: how the land or estate or interest claimed is derived from the registered proprietor; and
d: whether or not it is intended to forbid the making of all entries that would be prevented by section 141
e: the land subject to the claim, which must be stated with sufficient certainty; and
f: an address for service for the caveator.
3: Caveats under this section must be executed by the caveator or the caveator's attorney or agent.
4: Caveats under this section must be entered on the register as of the day and hour of their receipt by the Registrar.
50: Effect of caveat against dealings
1: Section 141(3)(d)
2: Section 141
5: Without limiting subsection (3) section 137
a: a transmission to an executor, administrator, or trustee in respect of the estate or interest of a deceased registered proprietor; or
b: a transmission to the Official Assignee on bankruptcy of a registered proprietor; or
c: dealings having the effect of discharging or extinguishing secondary interests if the caveat affects the fee simple (such as a discharge of a mortgage or surrender of a lease); or
d: a change in, or a correction to, the name of a proprietor where the ownership remains the same; or
e: a transfer consequent on a rating sale under the Rating Powers Act 1988
f: dealings with secondary interests if the caveat affects the fee simple (such as the transfer of a mortgage); or
g: appurtenant easements; or
h: an application for an amalgamated certificate of title or separate certificates of title if there is more than 1 registered proprietor for land or for an estate or interest in land; or
i: further caveats, statutory land charges, or charging orders; or
j: a vesting or dealing effected by an enactment or court order that expressly or by implication requires or permits a recording to be made in the register despite the presence of the caveat.
51: New section 142 substituted
The principal Act is amended by repealing section 142
142: Notices to be given to persons affected
Upon the receipt of any caveat, the Registrar must give notice,—
a: in the case of a caveat under section 136
b: in the case of a caveat under section 137
52: New section 145A inserted
The principal Act is amended by inserting, after section 145
145A: Early lapse of caveat against dealings
1: The registered proprietor of any estate or interest in the land protected by a caveat against dealings (other than a caveat lodged by the Registrar) may apply to the Registrar for the caveat to lapse.
2: The Registrar must give the caveator notice of an application under subsection (1)
3: The caveat lapses with the close of the prescribed period after the date on which the notice under subsection (2)
a: the caveator has earlier given to the Registrar notice that an application for an order to the contrary has been made to the High Court; and
b: an order to that effect has been made and served on the Registrar within the prescribed period after the date on which the notice under paragraph (a)
53: New section 147A inserted
The principal Act is amended by inserting, after section 147
147A: Electronic registration with caveator's consent subject to rights of caveator
If an electronic instrument is registered with the consent of the caveator, the dealing must be regarded as having been made subject to the rights of the caveator for the purposes of section 147
54: New sections 148 to 148B substituted
The principal Act is amended by repealing section 148
148: No second caveat may be entered
1: If a caveat has been removed under section 143
2: For the purposes of verifying that a caveat does not contravene the prohibition in subsection (1)
148A: Registrar not required to verify caveator's entitlement to estate or interest claimed
Except to the extent of ensuring that a caveat lodged under any provision of this Act complies on its face with the requirements of this Act and with the requirements of any regulations made for the purposes of this Act, the Registrar is not required to be satisfied that the caveator is in fact or at law entitled to the estate or interest claimed in the caveat.
148B: Registrar's powers if caveat does not comply with this Act
If a caveat does not comply with the requirements of this Act, the Registrar may deal with it under section 43
55: New section 155 substituted
The principal Act is amended by repealing section 155
155: Short forms of covenant
1: In the case of paper instruments, those covenants set out in full in the Fourth Schedule
2: In the case of an electronic instrument, those covenants set out in full in the Fourth Schedule
3: The covenant relating to insurance contained in the Fourth Schedule
56: New section 157 substituted
The principal Act is amended by repealing sections 157 to 162
157: Paper instruments to be executed
1: Every paper instrument for the purpose of creating, transferring, or charging any estate or interest under this Act must be executed by the registered proprietor and any party to it specified in regulations made under this Act.
2: The regulations may prescribe the manner in which instruments to which subsection (1)
3: Every instrument executed in accordance with this section has the same effect as a deed executed by the parties signing it.
4: This section is subject to the provisions of section 3 of the Official Appointments and Documents Act 1919
57: New sections 164A to 164E inserted
The principal Act is amended by inserting, after section 164
164A: Certification
1: Every instrument to which this subsection applies must contain a certification that complies with subsection (3)
2: Subsection (1)
a: electronic instruments; and
b: paper instruments of a class specified for the purpose by regulations made under this Act.
3: Certifications must specify that—
a: the person giving the certification has authority to act for the party specified in regulations in relation to that class of instrument and that party has legal capacity to give such authority; and
b: the person giving the certification has taken reasonable steps to confirm the identity of the person who gave the authority to act; and
c: the instrument complies with any statutory requirements specified by the Registrar for that class of instrument; and
d: the person giving the certification has evidence showing the truth of the certifications in paragraphs (a) to (c)
4: Regulations made under this Act may prescribe the form of certifications under this section.
164B: Who may give certification
1: A certification under section 164A
2: The Registrar may revoke a person's right to give a certification under section 164A
a: has given a fraudulent certification; or
b: has given a certification that is materially incorrect; or
c: has failed to comply with any requirement under section 164C
3: The Registrar must give notice as soon as possible to any person whose ability to give certifications is removed under subsection (2)
4: The Registrar may reinstate the right of a person to give certifications if the Registrar is satisfied that the person will—
a: give certifications that are not of the kinds referred to in subsection (2)(a) and (b)
b: comply with requirements under section 164C
164C: Retention of evidence and audit of certifications
1: Any person who gives a certification must retain evidence showing the truth of the certification for the period prescribed for the purpose by regulations made under this Act.
2: Without limiting what may be considered to show the truth of certifications, the Registrar may specify requirements that, if met, must be regarded as satisfying the obligation in subsection (1)
3: The Registrar may require a person who has given a certification to do either or both of the following:
a: produce to him or her the evidence referred to in subsection (1)
b: provide a statement on oath as to—
i: any further information required by the Registrar; or
ii: the circumstances surrounding the preparation and electronic transmission of any instrument.
4: Any requirement by the Registrar under subsection (3)
164D: Requirements about execution do not apply if certification given
If a certification has been given in relation to an instrument to which section 164A(1)
a: section 164
b: section 157
c: any provision in any enactment or rule of law relating to the execution, signing, witnessing, or attestation of instruments.
164E: Effect of certification
1: When an instrument certified under section 164A section 111
2: This section is subject to the provisions of section 3 of the Official Appointments and Documents Act 1919
3: When an instrument certified under section 164A
a: the instrument had been made in writing; and
b: the instrument had been duly executed by every party specified for the purpose in regulations made under this Act.
4: When an instrument certified under section 164A section 49A of the Property Law Act 1952
5: Subsection (4)
58: New section 167A inserted
The principal Act is amended by inserting, after section 167
167A: Deposit documents
1: The Registrar may specify a form for any matter referred to in subsection (2)
a: the deposit of a plan under section 167
b: the issue of a certificate of title.
2: The matters referred to are—
a: any consent, approval, or certification:
b: any other matter that any enactment provides may be included in a deposit document under this section.
3: A form specified under subsection (1)
4: If a form is specified under subsection (1)
5: If a form is specified under subsection (1)
a: as provided for in the other enactment; or
b: in the form or manner specified by the Registrar.
6: A form specified under this section must include a representation or reference—
a: that links it to the plan that is allowed to be deposited; and
b: gives to the person approving or consenting appropriate information about the effect of the depositing of the plan; and
c: indicates that person's approval or consent to the deposit of the plan.
7: For the purposes of regulations made under section 236(1)(d) sections 20 to 25 subsection (1)
a: may take the form of an electronic instrument; but
b: must not be registered.
59: New section 205 substituted
The principal Act is amended by repealing section 205
205: Caveats in respect of applications under this Part
1: A caveat against bringing land under this Act is not capable of being lodged in respect of an application under this Part, but any person entitled to lodge a caveat against bringing land under this Act that is subject to an application under Part II Deeds Registration Act 1908
2: A caveat under subsection (1)
a: specify the name of the caveator; and
b: specify the land subject to the claim; and
c: specify the nature of the land or estate or interest claimed by the caveator and the ground on which the claim is founded; and
d: give an address for service.
3: When the Registrar proceeds with an application in respect of any land against which a caveat under subsection (1)
4: Any occupier of land that is the subject of an application under the provisions of this Part, and any adjoining occupier or proprietor, may, so long as the land is comprised in a certificate of title limited as to parcels, lodge a caveat under this section at any time after the issue of that certificate of title.
5: The provisions of sections 138(1), 139, 143, and 145 to 148 subsection (4)
6: Notice of the issue of a certificate of title under the provisions of this Part must be given by the Registrar to the caveator of every caveat under subsection (1)
7: Subject to the provisions of this Part, the provisions of this Act relating to caveats under subsection (1) subsection (4)
60: Fees or charges
1: The heading of section 235 or charges
2: Section 235 subsection (1)
1: Without limiting section 236
a: the fees or charges payable for—
i: the performance or exercise of functions, duties, or powers of the Registrar under this Act or any other enactment:
ii: the performance or exercise of functions, duties, or powers of the chief executive under this Act or the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002:
iii: the performance of functions of the chief executive in relation to the administration or operation of this Act or the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002, including the provision of facilities or services by the chief executive:
b: the amount of those fees or charges, or the method or rates by which they are to be assessed:
c: the persons liable to pay the fees or charges:
d: the circumstances in which the payment of the whole or any part of those fees or charges may be remitted or waived:
e: the manner in which the fees or charges are to be paid.
3: Section 235 subsections (5) to (7)
5: Without limiting subsection (1) Cadastral Survey Act 2002
a: cadastral surveys supporting title to land under this Act; and
b: the maintenance of cadastral survey data.
61: New section 236 substituted
The principal Act is amended by repealing section 236
236: Regulations
1: The Governor-General may, by Order in Council, make regulations—
a: regulating the practice and conduct of business under this Act:
b: prescribing periods of time for the purposes of giving notices and other matters under this Act:
c: prescribing the manner in which instruments must refer to the register:
d: specifying the classes of instruments that are capable of being electronic instruments:
e: specifying procedures by which mortgagees of electronic transactions land may—
i: prevent electronic instruments affecting electronic transactions land over which they hold a mortgage from being registered without their consent:
ii: be notified of the registration of electronic instruments:
f: prescribing the form of any memorandum to be registered under section 155A
g: specifying different classes of easements, and the rights and powers to be implied in them, for the purposes of section 90D
h: specifying, for the purposes of section 99B
i: prescribing the manner in which paper instruments must be executed, witnessed, or attested for the purposes of section 157
j: specifying classes of paper instrument that may be certified under section 164A(2)(b)
k: specifying the parties for the purpose of section 164A(3)(a)
l: prescribing time periods for which evidence must be held under section 164A(3)(d)
m: prescribing the form of certifications under section 164A
n: specifying the parties for the purpose of section 164E(1)
o: prescribing the physical properties of paper instruments:
p: prescribing forms of paper instruments for the purpose of section 238(1)
q: prescribing forms for notices and consents under this Act:
r: providing for any other matters contemplated by this Act or the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002, necessary for their administration, or necessary for giving them full effect.
2: Without limiting subsection (1)(d)
a: express a specification in terms of how an instrument is associated with other instruments when presented for registration:
b: specify classes of instrument by reference to—
i: how instruments are dealt with:
ii: how shares and interests are dealt with:
iii: whether all the interests comprised and described in a certificate of title are affected by the instrument:
iv: the enactment that provides for an instrument:
v: the purpose for which an interest is held.
3: In subsection (2)(b) interest
62: New sections 237 and 238 substituted
The principal Act is amended by repealing sections 237 238
237: When paper instrument is in acceptable form
1: A paper instrument is in an acceptable form if—
a: it contains the information required by this Act; and
b: it meets the requirements for the physical properties of paper instruments that are prescribed by regulations made under this Act.
2: A paper instrument must be regarded as containing the information required by this Act if—
a: either—
i: it is in a form prescribed by regulations made under this Act; or
ii: it is in a form specified by the Registrar prior to its lodgement; and
b: it is properly completed.
3: However, a paper instrument must be regarded as being in an acceptable form if it does not comply with subsections (1) and (2)
238: Content of paper forms
1: Regulations made under this Act may prescribe forms for notices and consents under this Act.
2: If a form for any notice or consent is not for the time being prescribed by regulations, the Registrar may specify one.
3: If a form is for the time being prescribed by regulations or specified under subsection (2)
4: However, a notice or consent is not invalid because it fails to comply with the prescribed or specified form if the non-compliance relates to a minor matter that, in the opinion of the Registrar, will not affect the operation or effect of the notice or consent.
63: New sections 239 to 240D substituted
The principal Act is amended by repealing sections 239 240
239: Description of person to include personal representative
In any form under this Act, the description of any person as proprietor, transferor, transferee, mortgagor, mortgagee, lessor, or lessee, or as trustee, or as seised of, having, or taking any estate or interest in any land, includes the heirs, executors, successors, and assigns of that person.
240: How Registrar gives public notice
If this Act requires that the Registrar give public notice of any matter but does not specify how the notice is to be given, it is sufficient that the Registrar—
a: publishes a notice in the Gazette
b: the notice gives sufficient information about the matter to enable persons who might respond to it to understand its effect.
240A: Specifications by Registrar
1: If this Act requires or permits the Registrar to specify any matter, the specification—
a: is made when it is published by notice in the Gazette
b: takes effect on its publication or on a later date specified in the notice.
2: When the Registrar makes any specification under subsection (1)
240B: Notice by Registrar to particular persons
1: If this Act specifies that the Registrar must give a notice to any person but does not specify how it is to be given, the notice may be given by—
a: delivering it to that person; or
b: delivering it to that person's usual or last known place of abode or business; or
c: posting it to that person or that person's place of abode or business or address; or
d: sending a fax if the person has nominated a fax address; or
e: electronic mail or other similar means of communication if the person has nominated an email or similar address; or
f: directing it to the person at an electronic workspace facility if the instrument to which the notice relates was generated in the facility.
2: In subsection (1) person
3: A person is taken to have nominated an address if the person has expressly nominated it as an address to which notices for the relevant purpose may be sent.
240C: Notices to Registrar
If this Act specifies that a person must give a notice to the Registrar but does not specify how it is to be given, the notice may be given by—
a: delivering it to any Land Registry Office; or
b: posting it to the Registrar at any Land Registry Office; or
c: sending a fax if the Registrar has specified a fax address for that class of notice; or
d: electronic mail or other similar means of communication if the Registrar has specified an electronic mail or similar address for that class of notice; or
e: directing it to the Registrar from an electronic workspace facility if the Registrar has specified that means as a way of giving that class of notice.
240D: When notices taken to be delivered
1: In the absence of proof to the contrary, notices are taken to be delivered,—
a: in the case of notices sent by post, at the time when the letter would in the ordinary course of post be delivered; and, in proving the delivery, it is sufficient to prove that the letter was properly addressed and posted:
b: if sent by fax, at the time indicated on a record of its transmission:
c: if sent by electronic mail or similar means or to or from an electronic workspace facility, at the time a record of the transmission indicates it was received in the relevant electronic communications system.
2: For the purposes of subsection (1)(c)
a: relevant electronic communications system
i: in the case of an electronic mail or similar address, the electronic communications system associated with that address; or
ii: in the case of an electronic workspace facility, the electronic communications system by which users of the facility can receive electronic communications:
b: without limiting what may constitute a record of transmission, it may, in appropriate circumstances be,—
i: an acknowledgement from the relevant electronic communications system; or
ii: the absence of a notification that the transmission has not been received into or processed by the relevant electronic communications system.
3: Despite subsection (1) subsection (1)
64: Repeals
1: Sections 49 124 127 134 229 to 234 section 229 Schedule 6 7
2: Section 3 of the Land Transfer Amendment Act 1961
3: The Land Transfer (Automation) Amendment Act 1998
65: Other amendments to principal Act and amendments to other Acts
1: The principal Act is amended in the manner set out in Schedule 1
2: The principal Act is amended in the manner set out in Schedule 2
3: The Deeds Registration Act 1908 Schedule 3
4: The Acts specified in Schedule 4
66: Transitional provisions relating to easements
1: Despite the repeal of sections 90A to 90F section 43 subsections (2), (3), and (4) section 43
2: Despite anything contained in sections 90A to 90D section 43 section 90A
3: All covenants and conditions contained or implied in any easement certificate referred to in subsection (2) subsection (2)
4: The provisions of section 90E section 43
5: Despite section 21 69
67: Transitional provisions relating to landbrokers
Section 67 repealed 1 August 2009 section 389(1) Lawyers and Conveyancers Act 2006