New Zealand Legislation: Acts

235 Fees or charges

• (1) Without limiting section 236, regulations made under this Act may specify—

  • (a) the fees or charges payable for—

    • (i) the performance or exercise of functions, duties, or powers of the Registrar under this Act or any other enactment:

    • (ii) the performance or exercise of functions, duties, or powers of the chief executive under this Act or the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002:

    • (iii) the performance of functions of the chief executive in relation to the administration or operation of this Act or the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002, including the provision of facilities or services by the chief executive:

  • (b) the amount of those fees or charges, or the method or rates by which they are to be assessed:

  • (c) the persons liable to pay the fees or charges:

  • (d) the circumstances in which the payment of the whole or any part of those fees or charges may be remitted or waived:

  • (e) the manner in which the fees or charges are to be paid.

  (2) A Registrar may refuse to—

  • (a) Register, deposit, or accept an instrument, dealing, or document for the deposit, lodging, or filing of which a fee is prescribed; or

  • (b) Do any act for the doing of which a fee is prescribed,—

  unless the fee has been paid or the Registrar has approved a credit arrangement for the payment of the fee.

  (3) Regulations made under this Act may prescribe—

  • (a) That interest is payable on any unpaid fee at the rate prescribed for the time being under section 87 of the Judicature Act 1908; and

  • (b) The circumstances and manner in which that interest is to be paid.

  (4) Notwithstanding subsection (2) of this section , a Registrar may—

  • (a) Dispense with the payment of all or any part of any fee payable under this Act; or

  • (b) Refund all or any part of any fee paid under this Act.

  (5) Without limiting subsection (1), fees may be specified by regulations made under this Act having regard to the costs and expenses incurred by the department of State for the time being responsible for the administration of the Cadastral Survey Act 2002 in providing a national survey control system for—

  • (a) cadastral surveys supporting title to land under this Act; and

  • (b) the maintenance of cadastral survey data.

  (6) [Repealed]

  (7) [Repealed]

  The original section 235 was substituted, as from 7 October 1966, by section 17 Land Transfer Amendment Act 1966 (1966 No 37).

  Section 235 was substituted, as from 10 December 1991, by section 2(1) Land Transfer Amendment Act 1991 (1991 No 118).

  The heading to section 235 was amended, as from 17 May 2002, by section 60(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11), by inserting the words “or charges”.

  Subsection (1) was substituted, as from 17 May 2002, by section 60(2) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11).

  Subsection (2) was amended, as from 1 February 1999, by section 39(1) Land Transfer (Automation) Amendment Act 1998 (1998 No 123) by inserting the words “or the Registrar has approved a credit arrangement for the payment of the fee”.

  Subsection (3) was substituted, as from 1 February 1999, by section 39(2) Land Transfer (Automation) Amendment Act 1998 (1998 No 123).

  Subsection (4) was amended, as from 1 February 1999, by section 43(1) Land Transfer (Automation) Amendment Act 1998 (1998 No 123) by omitting the words “and section 55 of this Act”.

  Subsection (5) was substituted, as from 17 May 2002, by section 60(3) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11).

  Subsection (6) was repealed, as from 17 May 2002, by section 60(3) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11).

  Subsection (7)(a) was amended, as from 1 February 1999, by section 43(1) Land Transfer (Automation) Amendment Act 1998 (1998 No 123) by omitting the words “and section 55 of this Act (but not the proviso to it) shall apply to the fee;”.

  Subsection (7) was repealed, as from 17 May 2002, by section 60(3) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11).