Statutory Land Charges Registration Amendment Act 1930

Statutory Land Charges Registration Amendment Act 1930

Public Act1930 No 23
Date of assent25 October 1930

Note

This Act is administered in the Ministry of Justice.


1 Short Title
  • This Act may be cited as the Statutory Land Charges Registration Amendment Act 1930, and shall be read together with and deemed part of the Statutory Land Charges Registration Act 1928 (hereinafter referred to as the principal Act).

2
  • Section 2 was amended section 5(1) of the principal Act (as from the passing of that Act).

3 Priority of charges registered under principal Act
  • (1) Except as provided in the next succeeding subsection, the order of priority of charges registered in accordance with the provisions of the principal Act in relation to other mortgages, encumbrances, charges, or interests shall be determined in accordance with the provisions of the Deeds Registration Act 1908 or the Land Transfer Act 1952 or the Mining Act 1971, as the case may require.

    (2) Where any charge registered before or after the passing of this Act in accordance with the principal Act is entitled, by virtue of any Act or otherwise howsoever, to priority over any other mortgage, encumbrance, charge, or interest then, notwithstanding anything to the contrary in the Deeds Registration Act 1908 or the Land Transfer Act 1952 or the Mining Act 1971, such priority shall not be affected by reason of the registration of the charge under the principal Act:

    Provided that if before registration such charge becomes void against a subsequent purchaser in accordance with the provisions of section 5 of the principal Act, it shall thereupon lose its priority over all mortgages, encumbrances, charges, and interests (if any) that have priority over the interest of such subsequent purchaser.

    In subsections (1) and (2) the Land Transfer Act 1952, being the corresponding enactment in force, was substituted, as from 1 January 1952, for the repealed Land Transfer Act 1915. The words in the second set of single square brackets were inserted by section 2(6) of the Statutory Land Charges Registration Amendment Act 1959. The Mining Act 1971, being the corresponding enactment in force, was substituted for the repealed Mining Act 1926.