Reprint as at 5 December 2013

Land Transfer Act 1952

Public Act1952 No 52
Date of assent23 October 1952
Commencementsee section 1

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Justice and Land Information New Zealand.


Contents

Title

1 Short Title and commencement

2 Interpretation

2A Act binds the Crown

Part 1
Administration

Land registration districts, officers, etc

3 Land registration districts

4 Registrar-General of Land

5 Delegation of Registrar's powers and duties

6 Registrar to have seal of office

7 Barristers or solicitors only to be appointed to certain offices [Repealed]

8 Officers to be subject to regulations of Public Service [Repealed]

9 Registrar to have and use seal of office [Repealed]

Part 2
Land subject to this Act

10 What lands subject to this Act

11 Special provision as to land under Maori Land Act

Title in substitution for Crown grant

12 Issue of certificate of title in lieu of Crown grant

13 Particulars to be specified in warrant

14 Certificate may be issued to person claiming through person named in warrant

15 Certificate to issue subject to existing encumbrances

16 Warrant for certificate of title not required in certain cases

17 Warrant to fix antevesting date

18 Reservation of road by warrant

Voluntary applications to bring land under Act

19 How land may be brought under Act

20 By whom applications may be made

21 Applicant to surrender title deeds

22 Procedure on application [Repealed]

23 Notice of application to be gazetted

24 If applicant is original grantee, notice may be dispensed with

25 When Registrar may reject application or order service of notices

26 Notice of application to be posted in an appropriate office of the Registrar

27 If no caveat lodged, Registrar may bring land under Act

28 In case of failure to serve notice, time may be extended

29 Application may be withdrawn by consent of persons interested

30 Disposition of previous title deeds on issue of certificate of title

31 Reversion on lease not extinguished by bringing land under Act

32 Registration of Crown grant under Deeds Registration Act not necessary

Part 3
Registration

33 Registrar to keep register

34 When instruments deemed registered

35 Registered proprietor

36 Instruments to be in duplicate

37 Priority according to time of registration

38 Registration procedure

39 Contents of memorial

40 Memorial to be recorded on duplicate grant or other instrument

41 Instruments not effectual until entry in register

42 Informal instruments not to be registered

43 Where instrument lodged not in order for registration

44 Registrar may dispense with duplicate instruments

45 Certified copies of register to be evidence

45A Registrar may issue search copies

46 Register to be open for search

47 Presentation of instruments for registration

48 Where boundaries of district altered, copies of original registers to be evidence [Repealed]

District agents

[Repealed]

49 Registration through district agents [Repealed]

Provisional registration

50 Until register duly constituted, land to be provisionally registered

51 When register duly constituted, provisional register to be closed

52 Entries in provisional register to be evidence of title

53 Special provisions as to Canterbury educational reserves

54 Application of Act to provisional registration

55 No dealings to be registered until payment of fees [Repealed]

Lost instruments

56 High Court may investigate cases of lost instruments

57 Court may order claimant to be registered as proprietor

Outstanding interests

58 Interests outstanding to be notified in register

59 Interests registered under Deeds Registration Act to be recognised

60 Claims for loss through neglect of claimant to register

Registered proprietors

61 Persons jointly registered to be joint tenants

62 Estate of registered proprietor paramount

63 Registered proprietor protected against ejectment

64 Title guaranteed to registered proprietor

Part 4
Certificate of title

65 Registered proprietor entitled to certificate of title

66 Certificates of title in respect of leasehold interests

67 Existing encumbrances to be noted in certificate

68 Certificate, how to be dated

69 How memorial of easement to be recorded

70 Removal of easements and profits à prendre from register

71 Removal of fencing covenants from title

72 Tenants in common entitled to separate certificates

73 Issue of certificate may be withheld in certain cases

74 Certificate issued in name of deceased person not void

75 Certificate to be evidence of proprietorship

76 Instruments executed by person not actually registered

77 No right to public road or reserve where unauthorised registration

78 Certificate not to be impeached

79 Certificate void in certain cases

80 Errors in register may be corrected

81 Surrender of instrument obtained through fraud, etc

82 Person failing to surrender instrument may be summoned to court

83 Person refusing to surrender instrument may be committed to prison

84 Issue of new certificate of title, etc

85 Court may order former certificate of title to be cancelled

86 Single certificate in place of several or several in place of 1

87 Issue of provisional certificate in case of loss of original

88 Provision in case of lost lease or mortgage

89 Issue of certificate of title on sale for non-payment of rates

Part 4A
Title to access strips

89A Application by adjoining owners for title to access strip

89B Where proprietor of any contiguous allotment not a party to application

89C How application dealt with

89D Issue of title to access strip

89E Conditions applying when certificate of title issued for access strip

Part 5
Transfers

90 Transfers and creation of easements, etc, by registered proprietor

90A Creation and surrender of easements by easement instrument

90B Creation and surrender of easements on deposit of plan

90C Variation of easements

90D Rights and powers implied in certain easements

90E General provisions relating to easements

90F Creating and noting land covenants

91 New certificate to transferee unnecessary if whole of land transferred

92 Certificate to be cancelled on transfer of portion of land only

93 New certificates to be issued for portion transferred and for balance

94 Certificate for balance not transferred may remain valid

95 Estates for life, or in reversion, or remainder

96 Implied covenant in transfer of equity of redemption [Repealed]

97 Transfer of lease or mortgage

98 Implied covenants in transfer of lease [Repealed]

99 Memorandum of vesting order to be entered on register

99A Vesting by statute

Instruments for adoption by other enactments

99B Forms for instruments available for adoption by other enactments

Part 6
Mortgages

100 Mortgage to take effect as security only

101 Forms of mortgage

102 Variation of mortgage terms

103 Variation of priority of mortgages

Sale of mortgaged land

104 Application of purchase money [Repealed]

105 Transfer by mortgagee

Rights and remedies of mortgagees

106 Mortgagee may, after default, enter into possession [Repealed]

107 Mortgagee may distrain on tenant to the amount of his rent [Repealed]

108 Mortgagee to have remedies of a lessor for recovery of premises [Repealed]

109 Mortgagee to have custody of instrument of title

Liability of mortgagee in possession of leasehold

[Repealed]

110 Mortgagee of leasehold after entry liable for rent [Repealed]

Discharge of mortgage

111 Discharge of mortgage

112 Discharge of mortgage where remedies thereunder are statute barred

Discharge of annuity

113 On death of annuitant, discharge of annuity may be entered

Submortgages

114 Submortgages

Part 7
Leases

115 Form and registration of leases

116 Variation of lease

117 Bringing down encumbrances on registration of new lease

118 Covenant for right of purchase

118A Bringing down encumbrances when lessee acquires fee simple

119 Lease not binding on mortgagee without consent

120 Surrender of lease

121 Re-entry by lessor

Part 7A
Flat and office owning companies

121A Interpretation

121B Issue of share certificates

121C Registration of licence to occupy

121D Registrar may require plan

121E Registration of instruments against licence

121F Effect of registration of licence

121G Mortgage of licence

121H Mortgagee to have custody of licence and share certificate

121I Consent of mortgagee required on disposal of licence or shares

121J Restrictions on cancellation, etc, of licence

121K Registration of cancellation, etc, of licence

121L Bringing down of mortgage on new licence

121M Registration of transfer of licence or new licence

121N Transfer of shares on exercise of power of sale by mortgagee of licence

121O Priority of replacement mortgage over land of company

121P Service of notices

Part 8
Transmissions, trusts, caveats, and powers of attorney

Transmissions

122 Person claiming under transmission may apply to have same registered

123 Procedure on application for transmission

124 Caveat may be entered on behalf of beneficiaries under will or settlement [Repealed]

125 Transmission to mortgagee on bankruptcy of lessee

126 Transmission to lessor in default of mortgagee applying

127 Particulars of marriage of female proprietor to be registered [Repealed]

Trusts

128 No entry of trusts to be made on register except as authorised

129 Trusts of public reserves and other public lands

130 Transferor may apply for entry of No survivorship on register

131 Trustees registered as joint proprietors may similarly apply

132 Effect of entry

133 Procedure for obtaining order

134 Registrar may be nominated trustee [Repealed]

135 Beneficiary may use name of trustee in prosecuting or defending action

Caveats

136 Caveat against bringing land under Act

137 Caveat against dealings with land under Act

138 Particulars to be stated in caveat [Repealed]

139 Service of notices as to caveats [Repealed]

140 Effect of caveat against bringing land under Act

141 Effect of caveat against dealings

142 Notices to be given to persons affected

143 Procedure for removal of caveat

144 Lapse of caveat against bringing land under Act

145 Lapse of caveat against dealings

145A Early lapse of caveat against dealings

146 Person entering caveat without due cause liable for damages

147 Caveat may be withdrawn

147A Electronic registration with caveator's consent subject to rights of caveator

148 No second caveat may be entered

148A Registrar not required to verify caveator's entitlement to estate or interest claimed

148B Registrar's powers if caveat does not comply with this Act

Powers of attorney

149 Power of attorney not invalidated by bringing land under Act

150 Registered proprietor may deal with land by attorney

151 Power of attorney to be deposited with Registrar

152 Revocation of power of attorney

153 Seal unnecessary

Part 9
General provisions as to instruments

Covenants implied in instruments

154 Covenants for further assurance implied

155 Short forms of covenant

155A Incorporation of provisions contained in registered or prescribed memorandum

156 Action for breach of covenant

Execution of instruments

157 Paper instruments to be executed

158 When instruments deemed to be attested [Repealed]

159 Questions to attesting witness, and certificate thereon [Repealed]

160 Acknowledgment by party to instrument, and certificate thereon [Repealed]

161 Execution of documents by corporation [Repealed]

162 Unincorporated building societies [Repealed]

163 Instruments as evidence

164 Correctness of instrument to be certified

164A Certification

164B Who may give certification

164C Retention of evidence and audit of certifications

164D Requirements about execution do not apply if certification given

164E Effect of certification

Governments of other countries as registered proprietors

165 Governments of other countries may be registered as proprietors of land

Verification of instruments

166 Verification of instruments executed out of New Zealand

Part 10
Plans and surveys

167 Plans to be deposited in certain cases

167A Deposit documents

168 Deposit not to operate as dedication of roads

169 Land taken for roads to be defined on register

170 Cost of survey for correction of plans, etc

171 Surveyor-General or person authorised by him may enter land [Repealed]

Part 11
Guarantee of title

Compensation for loss or damage

172 Compensation for mistake or misfeasance of Registrar

172A Compensation for loss occurring after search and before registration

173 Notice of action to be served on Attorney-General and Registrar-General

174 Liability of plaintiff for costs

175 Recovery of compensation paid and costs in case of fraud

176 Judgment against absconders, etc

177 Recovery of judgment against absconders, etc

178 Crown not liable in certain cases

179 Measure of damages

180 Limitation of actions against the Crown

181 Plaintiffs to be nonsuited if laches proved

Protection of purchasers

182 Purchaser from registered proprietor not affected by notice

183 No liability on bona fide purchaser or mortgagee

Part 12
Compulsory registration of titles

184 Interpretation

185 All private General land to be brought under this Act

186 Application to bring land under this Act deemed to be made

187 Applications to be dealt with as voluntary applications under this Act

188 Special provisions as to applications under this Part

189 Registrar may require surrender of instruments affecting title

190 Registrar may issue ordinary or limited certificate of title

191 Definition and form of limited certificate

192 Notices of issue of certificate of title to be given

193 Registrar's minutes of defects found in titles

194 Searching of Registrar's minutes

195 Limited certificate of title may be made ordinary

196 Ordinary certificate of title not to issue till title good

197 Registrar may require proof that estate of registered proprietor of limited title not extinguished

198 Memorials on limited certificate of title to be evidence

199 Application of Act to limited certificate of title

200 Applications by persons claiming title adverse to that of proprietor under limited certificate

201 No right of action by proprietor under limited certificate against the Crown or the Registrar-General in certain cases

202 No dealings to be registered in certain cases

203 Title to estate less than freehold evidenced by limited certificate

204 When interests excepted from guarantee extinguished

205 Caveats in respect of applications under this Part

206 Trustees without power to sell

207 Restrictions on issue of ordinary certificate of title

208 Registrar may amend description of land in limited certificate of title

209 No action against Crown in certain cases

210 Registration of deeds affecting land subject to this Part

Part 13
General provisions

Additional powers of Registrar

211 Registrar may require production of instruments, etc

212 Not producing instruments when required by Registrar

213 Authority to destroy instruments of title after 20 years [Repealed]

214 Transfer of instruments, etc, to libraries and museums [Repealed]

215 Registrar may require indemnity for costs

215A Records becoming obliterated, etc

215B Register folium lost, etc

Rights of appeal

216 Review by Registrar of decision

217 Notice to Registrar to appear

218 Hearing of appeal

219 Expenses of appeal

220 Registrar-General to decide between Registrar and Examiner of Titles [Repealed]

221 Primary appeal to Registrar-General if Registrar and Examiner the same person [Repealed]

222 Registrar-General may submit questions to Court of Appeal

223 Procedure

224 Rules of procedure

Offences

225 Fraudulently procuring certificate of title, etc

226 Other offences under Act

227 Summary trial of indictable offences [Repealed]

228 Prosecution of offences

228A Fraudulent removal, destruction, etc, of records

Landbrokers

[Repealed]

229 Power of Registrar-General to license persons as landbrokers [Repealed]

230 Restrictions on licensing of landbrokers [Repealed]

231 Bond required before grant of licence [Repealed]

232 Licences may be revoked [Repealed]

233 Acting without licence [Repealed]

234 Making unlawful charges [Repealed]

Miscellaneous

235 Fees or charges

236 Regulations

237 When paper instrument is in acceptable form

238 Content of paper forms

239 Description of person to include personal representative

240 How Registrar gives public notice

240A Specifications by Registrar

240B Notice by Registrar to particular persons

240C Notices to Registrar

240D When notices taken to be delivered

241 Registrar not obliged to produce registers or attend court

242 Persons qualified to take declarations

243 Personal liability

244 Property Law Act 1952 to be subject to this Act [Repealed]

245 Repeals and savings

Schedule 1
Certificates of title

Schedule 2
Forms of documents

Schedule 3
Covenants, conditions, and powers implied, pursuant to memorandum of priority, in mortgages thereby postponed

Schedule 4
Covenants implied in instruments

Schedule 5
Attestation of instruments

Schedule 6
Scale of charges for landbrokers

[Repealed]

Schedule 7
Rights and powers of grantees implied in certain easements

[Repealed]

Schedule 8
Enactments repealed

Land Transfer (Hawke's Bay) Act 1931

Land Transfer (Hawke's Bay) Amendment Act 1933

Land Transfer Amendment Act 1963

Land Transfer Amendment Act 1966

Land Transfer Amendment Act (No 2) 1982

Land Transfer Amendment Act 1991

Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002

Reprint notes


An Act to consolidate and amend certain enactments relating to the registration and transfer of title to land