New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 1 January 2011
| Public Act | 1952 No 52 |
| Date of assent | 23 October 1952 |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.
A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.
The Land Transfer Act is administered in the Ministry of Justice.
1 Short Title and commencement
Land registration districts, officers, etc
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7 Barristers or solicitors only to be appointed to certain offices [Repealed]
8 Officers to be subject to regulations of Public Service [Repealed]
9 Registrar to have and use seal of office [Repealed]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 not necessary where persons entitled under Act, etc
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22 Procedure on application [Repealed]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29 Application may be withdrawn by consent of persons interested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
34 When instruments deemed registered
36 Instruments to be in duplicate
37 Priority according to time of registration
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]
49 Registration through District Agents [Repealed]
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]
56 High Court may investigate cases of lost instruments
57 Court may order claimant to be registered as proprietor
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
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
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 á 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 one
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
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
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
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
Instruments for adoption by other enactments
99B Forms for instruments available for adoption by other enactments
100 Mortgage to take effect as security only
102 Variation of mortgage terms
103 Variation of priority of mortgages
104 Application of purchase money [Repealed]
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
110 Mortgagee of leasehold after entry liable for rent [Repealed]
112 Discharge of mortgage where remedies thereunder are statute barred
113 On death of annuitant, discharge of annuity may be entered
115 Form and registration of leases
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
Part 7A
Flat and office owning companies
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
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
Part 8
Transmissions, trusts, caveats, and powers of attorney
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]
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. Order of High Court
133 Procedure for obtaining order
134 Registrar may be nominated trustee [Repealed]
135 Beneficiary may use name of trustee in prosecuting or defending action
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
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
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
Part 9
General provisions as to instruments
Covenants implied in instruments
154 Covenants for further assurance implied
155A Incorporation of provisions contained in registered or prescribed memorandum
156 Action for breach of covenant
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]
164 Correctness of instrument to be certified
164B Who may give certification
164C Retention of evidence and audit of certifications
164D Requirements about execution do not apply if certification given
Governments of other countries as registered proprietors
165 Governments of other countries may be registered as proprietors of land
166 Verification of instruments executed out of New Zealand
167 Plans to be deposited in certain cases
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
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
181 Plaintiffs to be nonsuited if laches proved
182 Purchaser from registered proprietor not affected by notice
183 No liability on bona fide purchaser or mortgagee
Part 12
Compulsory registration of titles
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
Additional powers of Registrar
211 Registrar may require production of instruments, etc
212 Not producing instruments when required by Registrar
215 Registrar may require indemnity for costs
215A Records becoming obliterated, etc
215B Register folium lost, etc
216 Review by Registrar of decision
217 Notice to Registrar to appear
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
225 Fraudulently procuring certificate of title, etc
228A Fraudulent removal, destruction, etc, of records
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]
237 When paper instrument is in acceptable form
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
240D When notices taken to be delivered
241 Registrar not obliged to produce registers or attend court
242 Persons qualified to take declarations
244 Property Law Act 1952 to be subject to this Act [Repealed]
Schedule 1
Certificates of title
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]
An Act to consolidate and amend certain enactments relating to the registration and transfer of title to land
