2 Interpretation
  • In this Act, and in all instruments purporting to be made and executed under this Act, unless the context otherwise requires,—

    Bankruptcy means the vesting in any person or persons of any estate or interest of a debtor for the benefit of creditors generally, by deed of arrangement or otherwise, under authority of any Court of competent jurisdiction

    computer register has the same meaning as in the section 4 of Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002

    computer register: this definition was inserted, as from 1 June 2002, by section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11).

    Crown grant means the grant of any land by the Crown, and includes certificates of title issued in lieu of grant

    Dealing means every transfer, transmission, mortgage, lease, or encumbrance of any estate or interest under this Act

    Department means Land Information New Zealand, or such other department or ministry as has, with the authority of the Prime Minister, for the time being assumed responsibility for the administration of this Act

    Department: this definition was inserted, as from 1 February 1999, by section 43(1) Land Transfer (Automation) Amendment Act 1998 (1998 No 123).

    District means a land registration district under this Act

    Each Registrar or every Registrar or the Registrar means the Registrar-General, acting in respect of each district

    Each Registrar or every Registrar, or the Registrar: this definition was inserted, as from 1 February 1999, by section 43(1) Land Transfer (Automation) Amendment Act 1998 (1998 No 123).

    electronic instrument has the same meaning as in section 4 of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002

    electronic instrument: this definition was inserted, as from 1 June 2002, by section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11).

    Endorsement, in addition to its ordinary meaning, includes anything written upon or at the foot of any document for giving effect to any of the purposes of this Act and any similar addition to an instrument in a medium other than paper:

    Endorsement: this definition was amended, as from 1 February 1999, by section 43(1) Land Transfer (Automation) Amendment Act 1998 (1998 No 123) by inserting the words and any similar addition to an instrument in a medium other than paper:.

    Estate or interest means every estate in land, also any mortgage or charge on land under this Act

    Former Land Transfer Act means the Land Transfer Act 1915, the Land Transfer Act 1908, and the Land Transfer Act 1885, and all amendments of any of those Acts, and includes every Act repealed by those Acts

    instrument

    • (a) means any printed or written document, map, or plan relating to the transfer of or other dealing with land, or evidencing title to land; and

    • (b) includes a memorandum within the meaning of section 155A(1) and an electronic instrument

    Instrument: the original definition was amended, as from 6 November 1986, by section 3(2) Land Transfer Amendment Act 1986 (1986 No 94) by inserting the words ; and includes a memorandum within the meaning of section 155A(1) of this Act.

    Instrument: this definition was substituted, as from 1 June 2002, by section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11).

    Land includes messuages, tenements, and hereditaments, corporeal and incorporeal, of every kind and description, and every estate or interest therein, together with all paths, passages, ways, waters, watercourses, liberties, easements, and privileges thereunto appertaining, plantations, gardens, mines, minerals, and quarries, and all trees and timber thereon or thereunder lying or being, unless specially excepted

    medium includes—

    • (a) any electronic, electromagnetic, optical, digital, or photographic process or system; and

    • (b) any paper; and

    • (c) any other means of recording or storing information

    medium: this definition was inserted, as from 1 June 2002, by section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11).

    Mortgage means any charge on land created under the provisions of this Act for securing—

    • (a) The repayment of a loan or satisfaction of an existing debt:

    • (b) The repayment of future advances, or payment or satisfaction of any future or unascertained debt or liability, contingent or otherwise:

    • (c) The payment to the holders for the time being of any bonds, debentures, promissory notes, or other securities, negotiable or otherwise, made or issued by the mortgagor before or after the creation of that charge:

    • (d) The payment to any person or persons by yearly or periodical payments or otherwise of any annuity, rentcharge, or sum of money other than a debt:

    Mortgagee means the proprietor of a mortgage

    Mortgagor means the proprietor of any estate or interest charged with a mortgage

    paper instrument means an instrument that is not an electronic instrument

    paper instrument: this definition was inserted, as from 1 June 2002, by section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11).

    practitioner means—

    • (a) a practitioner within the meaning of section 6 of the Lawyers and Conveyancers Act 2006; or

    • (b) a landbroker licensed by the Registrar under section 229 of this Act

    Proprietor means any person seised or possessed of any estate or interest in land, at law or in equity, in possession or expectancy

    register includes a computer register

    register: this definition was inserted, as from 1 June 2002, by section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11).

    Registrar and Examiner

    [Repealed]

    Registrar and Examiner: this definition was repealed, as from 1 February 1999, by section 43(1) Land Transfer (Automation) Amendment Act 1998 (1998 No 123).

    Registrar-General, means the Registrar-General of Land appointed under section 4(1); and Registrar has the corresponding meaning

    Registrar-General: this definition was substituted, as from 1 February 1999, by section 43(1) Land Transfer (Automation) Amendment Act 1998 (1998 No 123).

    Surveyor-General means the person holding office with that title under the Survey Act 1986 or otherwise

    Surveyor General: this definition was amended, as from 1 April 1987, by section 11(1) State-Owned Enterprises Amendment Act 1987 (1987 No 117) by substituting the words Survey Act 1986 for the words Land Act 1948.

    The Land Transfer Acts means this Act, and includes any former Land Transfer Act and the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002

    The Land Transfer Acts: this definition was amended, as from 1 February 1999, by section 43(1) Land Transfer (Automation) Amendment Act 1998 (1998 No 123) by inserting the words and the Land Transfer (Automation) Amendment Act 1998:.

    The Land Transfer Acts: this definition was amended, as from 1 June 2002, by section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11), by substituting the words and the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 for the words and the Land Transfer (Automation) Amendment Act 1998.

    Transmission means the acquirement of title to an estate or interest by operation of law.

    working day means a day on which the Land Registry Office is to be open to the public in accordance with regulations made under this Act.

    working day: this definition was inserted, as from 26 August 2002, by section 65(2) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11). See clause 2 Land Transfer (Computer Registers And Electronic Lodgement) Amendment Act Commencement Order 2002 (SR 2002/216).

    Compare: 1915 No 35 s 2; 1925 No 20 s 6

    Section 2 practitioner: inserted, on 1 August 2008, by section 342 of the Lawyers and Conveyancers Act 2006 (2006 No 1).