Statutory Land Charges Registration Act 1928

Statutory Land Charges Registration Act 1928

Public Act1928 No 18
Date of assent2 October 1928

An Act to provide for the registration of statutory charges on land

BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—

1 Short Title
  • This Act may be cited as the Statutory Land Charges Registration Act 1928.

2 Interpretation
  • In this Act, unless the context otherwise requires,—

    Land has the same meaning as in the Land Transfer Act 1952 and includes a mining residence site

    Land: the Land Transfer Act 1952 has been substituted for the repealed Land Transfer Act 1915, and the words and includes a mining residence site were added by section 2(1) of the Statutory Land Charges Registration Amendment Act 1959.

    Mining residence site means any residence site in respect of which there exists a licence granted under the Mining Act 1926 or under any former Mining Act; and includes any land in respect of which there exists a lease granted under section 45 or section 47 of the Mining Act 1926 or under the corresponding provisions of any former Mining Act

    Mining residence site: this definition was inserted by section 2(2) of the Statutory Land Charges Registration Amendment Act 1959. The Mining Act 1926 was repealed and replaced by the Mining Act 1971.

    Purchaser means any person (including a mortgagee or lessee) who, for valuable consideration, takes any interest in land or in a charge on land; and purchase has a corresponding meaning

    Registered, in relation to any mining residence site which is not registered under the Land Transfer Act 1952, means registered in the office of a Mining Registrar, and, in relation to any other land, means registered under the Land Transfer Act 1952 or under the Deeds Registration Act 1908; and register and registration have meanings corresponding to the meaning of the term registered

    Registered: this definition was substituted by section 2(3) Statutory Land Charges Registration Amendment Act 1959.

    Registrar, in relation to any mining residence site which is not registered under the Land Transfer Act 1952, means the Mining Registrar in whose office the licence or lease is registered; and, in relation to any other land, means the District Land Registrar or the Registrar of Deeds for the district in which the land is situated.

    Registrar: this definition was substituted by section 2(3) Statutory Land Charges Registration Amendment Act 1959.

3 Exemptions from application of Act
  • (1) Nothing in this Act shall apply to any charge in respect of unpaid land tax created by or arising under the Land Tax Act 1976.

    (2) Nothing in this Act shall apply to—

    • (a) [Repealed]

    • (b) [Repealed]

    • (c) Charges created by or arising under the provisions of section 2 of the Coal Mines Amendment Act 1927:

    • (d) Any charge against Maori land the title to which is not at the time of the creation of the charge on the register or the provisional register under the Land Transfer Act 1952.

    (3) No rate assessed by any local authority or other body having rating powers shall be deemed to be a charge on land within the meaning or for the purposes of this Act.

    In subsection (1) the Land Tax Act 1976 has been substituted for the repealed Land and Income Tax Act 1923.

    Subsection (2)(a) was substituted, as from 1 July 1999, by section 415(1) Accident Insurance Act 1998 (1998 No 114).

    In subsection (2) the reference to section 130 of the Workers' Compensation Act 1956 was substituted for a reference to section 47 of the repealed Workers' Compensation Act 1922.

    Subsection (2)(a) was repealed, as from 1 April 2002, by section 337(1) Injury Prevention, Rehabilitation, and Compensation Act 2001 (2001 No 49). See Part 10 of that Act for provisions relating to transition from competitive provision of workplace accident insurance. See Part 11 of that Act for transitional provisions relating to entitlements provided by Corporation.

    Subsection (2)(b) was repealed by section 247(1) of the Mining Act 1971.

    In subsection (2)(c) the Coal Mines Amendment Act 1927 was repealed by section 268(2) of the Coal Mines Act 1979.

    In subsection (2)(d) the term Maori was substituted for the term Native by section 2(2) of the Maori Purposes Act 1947, and the Land Transfer Act 1952 has been substituted for the repealed Land Transfer Act 1915.

    Subsection (3) was amended, as from 1 July 2003, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6) by substituting the words rate assessed for the words general, separate, or special rate made and levied. See section 137(2) of that Act for the savings provision that provides that the changes apply for the purpose of rating in a financial year that begins on or after 1 July 2003.

4 Charges to which Act applies
  • (1) Except as provided in the last preceding section this Act shall apply to all charges on land created or arising (whether before or after the commencement of this Act) by virtue of the operation of any enactment now in force or that may hereafter be in force.

    (2) The provisions of this Act shall apply notwithstanding anything to the contrary in any enactment under which a charge is created or arises.

5 Land charges to be registered
  • (1) Every charge to which this Act applies shall so far as regards any land affected thereby be void as against a purchaser under any deed, contract, or instrument which, being executed after the creation of the charge, is duly registered before the registration of such charge:

    Provided that any such charge that is in existence at the time of the passing of this Act shall not by virtue of this section be prejudicially affected by any purchase if such charge is registered on or before the 1st day of January 1930:

    Provided further that any such charge created or arising after the passing of this Act and before the 1st day of January 1929, shall not by virtue of this section be prejudicially affected by any purchase if such charge is registered on or before the last-mentioned date.

    (2) A contract relating to land the title to which is under the provisions of the Land Transfer Act 1952 shall for the purposes of this Act be deemed to be duly registered if a caveat protecting such contract shall have been duly entered upon the title and shall not have been removed therefrom.

    In subsection (1) the words which, being executed after the creation of the charge, is were inserted (as from the passing of the principal Act) by section 2 of the Statutory Land Charges Registration Amendment Act 1930.

    In subsection (2) the Land Transfer Act 1952 has been substituted for the repealed Land Transfer Act 1915.

6 Mode of effecting registration
  • (1) Registration of charges may be effected under this Act by depositing with the Registrar a notice in the form No 1 in the Schedule hereto.

    (2) On receipt of a notice under the last preceding subsection . . . the Registrar shall register the charge.

    (3) Notice of a charge to be given under this section may be signed on behalf of any corporation entitled to the benefit of such charge by the chairman or the secretary, clerk, or other responsible officer of the governing body of such corporation.

    (4) The fee payable for the registration of the charge shall be deemed to be an addition to the amount of the charge, and shall be recoverable accordingly by the person paying the same from the person liable for the satisfaction of the charge.

    In subsection (2) the words and on payment of a fee of five shillings in respect thereof were omitted where indicated by the first set of points of omission by section 2(a) of the Statutory Land Charges Registration Amendment Act 1971, and the words under the Deeds Registration Act 1908 or the Land Transfer Act 1915, as the case may require were omitted where indicated by the second set of points of omission by section 2(4) of the Statutory Land Charges Registration Amendment Act 1959.

    In subsection (4) the words for the registration of the charge were substituted for the words under this section by section 2 (b) of the Statutory Land Charges Registration Amendment Act 1971.

7 Release of registered charge
  • (1) Upon the production of a certificate in form No 2 in the Schedule to this Act, signed by the person or authority entitled to the benefit of the charge, releasing the land from the whole or part of the charge, or releasing any part of the land from the whole or any part of the charge, the Registrar shall make an entry in the register and (where necessary) on the outstanding instrument of title, noting that the charge is released wholly or partially.

    (2) In the case of a charge registered for the benefit of a corporation, a certificate under this section may be signed on behalf of such corporation by the chairman or the secretary, clerk, or other responsible officer of the governing body of the corporation.

    (3) If it appears to the Registrar that any charge registered under this Act has been wholly or partially satisfied, and that for any reason it is impossible or impracticable to obtain a certificate to that effect as required by the foregoing provisions of this section, the Registrar may, on application in writing by any proprietor of the land affected by the charge, cause a release or partial release of the charge to be registered.

    Section 7 was substituted by section 2(1) of the Statutory Land Charges Registration Amendment Act 1980.

8 Saving of existing provisions as to registration
  • Where provision for the registration of any charge is made by the Act by virtue of which such charge is created or arises, or is made by any Act other than this Act, the provisions of such other Act as to registration, including any provisions thereof as to the payment of fees or as to exemption from the payment of fees, or as to the cancellation of registration, shall continue in force, and compliance therewith shall be deemed to be sufficient compliance with the provisions of this Act.

9
  • [Repealed]

    Section 9 was repealed by section 101(1) of the Stamp and Cheque Duties Act 1971.

10 Application to Crown
  • The provisions of this Act shall bind the Crown, but nothing in this Act shall be construed as rendering land owned by or occupied for the purposes of the Crown subject to any charge to which independently of this Act it would not be subject.

11 Protection of Registrar
  • (1) The Registrar shall not be concerned to inquire as to the truth of the statements contained in any notice of charge deposited for registration under this Act, or in any certificate of satisfaction presented for the release of any such charge; and no action shall lie against the Crown or against the Registrar or any other person on behalf of the Crown in respect of any such registration or release.

    (2) No person shall have any claim against the Land Assurance Fund by reason of any omission, mistake, or misfeasance of any person other than the Registrar, his officers or clerks, in relation to the registration or release of a charge under this Act.

12 Regulations
  • The Governor-General may from time to time by Order in Council make all such regulations as may in his opinion be necessary for the purpose of giving full effect to this Act.


Schedule

Section 6(1)

Form No 1

.

NOTICE OF STATUTORY LAND CHARGETo the District Land Registrar, [or Registrar of Deeds,] [[or Mining Registrar,]] Land Registration District. [or Deeds Registration District.] [[or Mining District.]] TAKE notice that the land hereinafter described is subject to a charge for [Specify amount of charge] on account of [Here specify the nature of the charge and the authority under which it arises or has been created], and that you are hereby directed and required to register the same pursuant to the Statutory Land Charges Registration Act 1928 . . .. DESCRIPTION OF LAND AFFECTED BY CHARGEName of proprietor: Situation: Area: Description by reference to Section number, etc: [If under Land Transfer Act] Reference to Certificate of Title: Vol ; Fol Dated at, thisday of,19. [Name and description of applicant.] NOTE-A plan of the land affected must be endorsed if the land is not under the Land Transfer Act, or, where the land is under that Act, if portion only of the land included in a certificate of title is affected by the charge. The words [or Mining Registrar] and [or Mining District] were inserted by s 2(5)(a) and (b) of the Statutory Land Charges Registration Amendment Act 1959, and the words A fee of 50c for registration is forwarded herewith (as amended by s 7 of the Decimal Currency Act 1964) were omitted by s 2(d) of the Statutory Land Charges Registration Amendment Act 1971.

Form No 2

Section 7(1)

.

RELEASE OF REGISTERED STATUTORY LAND CHARGE To the District Land Registrar, [or Registrar of Deeds,] [[or Mining Registrar,]] Land Registration District. [or Deeds Registration District.] [[or Mining District.]] I HEREBY certify that the statutory land charge hereinafter referred to has been satisfied [[or partially satisfied or is no longer claimed in respect of the part of the land described below], and you are hereby required tomake an entry in the register and (where necessary) on the outstanding instrument of title, noting that the charge is released wholly [or partially]] accordingly. DESCRIPTION OF LAND AFFECTED AND REFERENCE TO CHARGEName of proprietor: Situation: Area: Description by reference to Section number, etc: [If under Land Transfer Act] Reference to Certificate of Title: Vol ; Fol Description of charge: [Insert particulars as to amount, registered number, etc., sufficient to identify the charge.] Dated at, thisday of,19. [Name and description of person or body in whose favour the charge was created.] The words [or Mining Registrar] and [or Mining District] were inserted by s 2(5)(c) and (d) of the Statutory Land Charges Registration Amendment Act 1959. The words in the third set of bold square brackets were substituted for the words , and you are hereby required and directed to register a release of the same by s 3 of the Statutory Land Charges Registration Amendment Act 1980.