(1) The land registration districts existing at the commencement of the Land Transfer (Automation) Amendment Act 1998 continue until altered under subsection (2).

(2) The Governor-General may from time to time, by Order in Council,—

• (a) Alter the boundaries of any district:

• (b) Amalgamate any 2 or more districts:

• (c) Create new districts:

• (d) Assign a name to any district:

• (e) Abolish all districts.

(3) The making of an Order in Council under subsection (2) does not require any register, computer register within the meaning of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002, provisional register, books, or indexes to be altered or amalgamated, but the Registrar may do so if appropriate.

(1) There must be a Registrar-General of Land, appointed under the State Sector Act 1988.

(2) No person may be appointed Registrar-General, and no person may be directed under section 62(1) of the State Sector Act 1988, to exercise or perform any power or duty of the Registrar-General, unless that person is a barrister and solicitor of the High Court.

(3) In exercising or performing the powers and duties of the Registrar, the Registrar and every delegate of the Registrar must have regard to the following objectives:

• (a) ensuring an efficient and effective system for registering dealings in land:

• (b) managing the risk of fraud and improper dealings:

• (c) ensuring public confidence in the land titles system:

• (d) ensuring the maintenance of the integrity of the register and the right to claim compensation under Part 11.

(1) The Registrar may from time to time, either generally or particularly, delegate to any employee of the chief executive of the Department or any other suitable person any of the Registrar's powers or duties under this Act or any other Act other than—

• (a) Any power or duty under any of sections 172, 173, 175, 216, 217, 218, 222, 225, 226, 229, 231, 232, and 238 of the principal Act:

• (b) The power of delegation conferred by this section.

(2) Any delegation may be made to a specified person or to persons of a specified class, or to the holder or holders of a specified office.

(3) Every delegation is revocable in writing at any time.

(4) No delegation affects or prevents the exercise of any power or the performance of any duty by the Registrar, nor does it affect the responsibility of the Registrar for the actions of any person acting under the delegation.

(5) Any delegation continues in force according to its tenor, despite any change in the person holding office as the Registrar.

(6) Subject to any general or special directions given by the Registrar, the person to whom any powers or duties are delegated may exercise those powers or perform those duties in the same manner and with the same effect as if they had been conferred on that person directly and not by delegation.

(7) In the absence of proof to the contrary, an employee of the chief executive of the Department purporting to act under a delegation under this section is presumed to be acting in accordance with its terms.

(8) If any person who is not an employee of the chief executive of the Department is purporting to act under a delegation under this section, that person is presumed to be acting in accordance with the terms of a delegation in the absence of proof to the contrary but must provide evidence of the delegation if so requested.

(1) The Registrar must have and use a seal of office, bearing the impression of the New Zealand Coat of Arms and having inscribed the words “Registrar-General of Land, New Zealand”.

(2) Every instrument bearing a representation of the Registrar's seal and purporting to be issued by or on behalf of the Registrar is, in the absence of proof to the contrary, to be treated as having been issued by or under the direction of the Registrar.

(3) Nothing in this section affects the validity of any document signed before the commencement of the Land Transfer (Automation) Amendment Act 1998, and bearing the imprint of the seal of a District Land Registrar or bearing the impression of the Royal Arms instead of the New Zealand Arms.

The following land shall be subject to the provisions of this Act:

• (a) All land which has already in any manner become subject to the provisions of any former Land Transfer Act:

• (b) All land hereafter alienated or contracted to be alienated from the Crown in fee:

• (c) All land in respect of which any order is hereafter made under the provisions of any Maori Land Act in force for the time being which has the effect of vesting that land in any person in freehold tenure:

• (d) All land which hereafter becomes vested in any person for an estate in fee simple in possession by virtue of any Act of the Parliament of New Zealand.

Land over which the Maori title has been extinguished since the constitution of the district within which the same is situate, but before the 31st day of August 1874 (being the date of the passing of the Land Transfer Act 1870 Amendment Act 1874), shall come under the provisions of this Act upon the registration of a Crown grant, or certificate of title in lieu of grant.

(1) A Crown grant may not be issued for any land subject to the provisions of this Act; but in lieu of a grant the Governor-General may by warrant direct the Registrar to—

• (a) Issue a certificate of title for the land in Form No 1 in Schedule 1; or

• (b) create a computer register for the land and, if the land is not electronic transactions land, issue a certificate of title accordingly.

(2) The—

• (a) Issue of a certificate of title under subsection (1)(a), when signed and registered; or

• (b) Recording of information in the register under subsection (1)(b), when effected,—

has the force and effect of a Crown grant.

(3) This section and sections 14, 17, and 18 of this Act are subject to section 116 of the Land Act 1948, and—

• (a) The form of a certificate of title; or

• (b) The form in which information is recorded in the register,—

may be varied as required by the operation of that section.

Every such warrant—

• (a) Shall specify the name and description of the person or persons entitled to the grant, and, if more than one, whether as joint tenants or tenants in common, and the date whereon the right to the grant accrued, together with a description of the land sufficient to identify the same, the correctness of which shall be certified by the Surveyor-General, or by some person appointed by him for the purpose; and whether the land is intended to be held in trust as a public reserve or otherwise, or is subject to any road or other reservation or restriction; and

• (b) Shall be filed by the Registrar in his office for reference, and shall be conclusive evidence to the Registrar of the matters hereby required to be therein stated.

If it appears on the provisional register that the estate of any person named in any warrant as entitled to a Crown grant has become vested in any other person claiming through the person named in the warrant, the Registrar may issue a certificate of title direct to the person appearing to be so entitled or create an appropriate computer register.

Every certificate of title to be issued or computer register created as aforesaid shall be made subject to all encumbrances, estates, and interests appearing on the provisional register as affecting the land at the date of the issue of the certificate.

No warrant shall be necessary for the issue of a certificate of title to any person in whom any land has become vested, whether before or after the commencement of this Act, for an estate in fee simple in possession by any Act of the Parliament of New Zealand or by any Proclamation or Order in Council or notice by any Minister of the Crown under the express provisions of any such Act since the 1st day of March 1871.

(1) The land comprised in any certificate of title issued in lieu of a Crown grant shall be deemed to have been subject to the provisions of the Land Transfer Acts as from the date fixed by the Governor-General's warrant as the date of acquisition of title thereto; and that date shall, for all purposes whatsoever, be deemed the antevesting date, in the same manner as if that antevesting date had been inserted in a Crown grant of the said land.

(2) The reference to an antevesting date in any certificate of title purporting to be issued in pursuance of any such warrant shall be conclusive evidence of that date, and that the same was fixed by the Governor-General's warrant, as in the certificate is set forth and stated.

(3) This section shall not be construed to validate or enable the registration under the Land Transfer Acts of any instrument executed before the 16th day of September 1889 (being the date of the commencement of the Land Transfer Act 1885 Amendment Act 1889), by any Maori owner, so far as the instrument was not valid or capable of registration before that date.

(1) The reservation in any such warrant of any right of road, or right to take or lay off any road, shall, as from the date of the warrant, have the like effect as if the reservation had been contained in a Crown grant on the like date of the land the subject thereof.

(2) Every such reservation, and all rights existing by virtue thereof, shall be deemed sufficiently protected by the general reservation in any certificate of title of the right of the Crown to take and lay off roads under the provisions of any Act of the Parliament of New Zealand, and no certificate of title shall be impeached on the ground of uncertainty or otherwise on account of any such reservation therein contained.

Land which has not become subject to this Act in any manner under the foregoing provisions may, if the same has been alienated or contracted to be alienated from the Crown in fee, be brought under this Act in manner hereinafter provided; but no application shall be received to bring under this Act land for which no Crown grant has been issued until the application has been approved by the Surveyor-General, or by some person appointed by him for the purpose, and has been assented to by the Governor-General.

(1) The Registrar of each district shall receive applications for the purpose aforesaid in Form A in Schedule 2 to this Act or other prescribed form, if made by any of the following persons, that is to say:

• (a) By any person (claiming to be the person) in whom the fee simple of the land is vested in possession either at law or in equity:

  Provided that, wherever trustees other than trustees of public reserves have no express power to sell the land which they seek to bring under this Act, the person claiming to be beneficially entitled to the land shall concur in the application:

• (b) By any person claiming a life estate in possession, not being a lease for a life or lives:

  Provided that all persons claiming to be beneficially entitled in reversion or remainder shall concur in the application:

• (c) By any person having power legally or equitably to dispose of the fee simple in possession, but, if subject to the consent of any other person, then with that consent:

• (d) By any person or body corporate holding any land as a public reserve, but in that case subject to the trusts affecting the reserve:

• (e) By the guardian of any infant, making the application in the name of the infant:

• (f) In the case of a mentally disordered person within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992, being a patient within the meaning of that Act, by Public Trust or, as the case may be, the manager of his estate, making the application in the name of the mentally disordered person:

• (g) In the case of a person in respect of whom a protection order is in force under the Protection of Personal and Property Rights Act 1988 by the manager of his estate, making the application in the name of the protected person:

• (h) By any agent holding a power of attorney authorising the sale of a freehold estate in any land of an absent proprietor, and making the application in the name of the proprietor, unless the power expressly prohibits his so doing.

(2) No such application shall be received—

• (a) From any person claiming to be entitled to an undivided share of any land, unless the persons who appear to be entitled to the other undivided shares of the said land join in the application with a view to bringing the entirety under this Act; nor

• (b) From the mortgagor of any land, unless the mortgagee consents to the application; nor

• (c) From the mortgagee of any land, except in exercise of a power of sale contained in the mortgage.

(3) Every application to bring any land under this Act made by or on behalf of a company or other body corporate incorporated in New Zealand shall be executed in accordance with regulations made under this Act.

Every applicant shall, when making his application, surrender to the Registrar all instruments in his possession or under his control constituting or in any way affecting his title, and shall furnish a schedule of those instruments, and also, if required, an abstract of his title, and shall make and subscribe a declaration of the truth of the statements in the application, and shall supply a plan of the land applied for, showing the boundaries and relative position thereof.

If it appears to the satisfaction of the Registrar that the land in respect of which the application is made is held by the applicant for the estate or interest specified in the application, and that all persons interested other than as lessees under a lease for years are parties to the application, the Registrar shall cause notice of the application to be advertised in the Gazette and in one or more newspapers published in the locality, and shall in every such advertisement limit and appoint a time, not less than the prescribed period, within which caveat may be lodged forbidding the bringing of the land under this Act.

If it appears that the applicant is the original grantee from the Crown, and that no instrument, matter, or thing affecting the title to the land other than the Crown grant has been registered, the Registrar may dispense with the aforesaid advertisement, and in that case the Registrar may proceed forthwith to bring the land under this Act by issuing to the applicant, or to such person as he by writing under his hand directs, a certificate of title in Form No 2 in Schedule 1 to this Act.

If it appears to the Registrar that any person interested (otherwise than as a lessee under a lease for years) is not a party to any application, or that the evidence adduced by the applicant in support of his claim or of any matters which he is required to prove is deficient in any essential particular, the Registrar may either reject the application, or at discretion may limit a time, by advertisement as aforesaid, within which caveat may be lodged forbidding the bringing of the land under this Act, and in such latter case may direct that such notices shall be served by the applicant upon such persons and in such form and manner as the Registrar deem necessary, and that, in addition to the advertisements prescribed in section 23 hereof, notice of the application be advertised at the cost of the applicant in any gazette or newspaper published in New Zealand or elsewhere.

The Registrar shall, in addition to the notices aforesaid, cause notice of every such application as last mentioned to be posted in a conspicuous place in an appropriate office of the Registrar, and in such other places as he may deem expedient, and shall forward a copy of the notice addressed to each of the persons (if any) stated by the applicant to be in occupation of the land, or to be occupiers or proprietors of land adjoining.

(1) The Registrar must (by acting under subsection (2)) bring under this Act the land described in any application if, at the expiration of the time limited in respect of the application, it appears to the Registrar that—

• (a) All necessary notices have been given; and

• (b) No caveats have been lodged; and

• (c) No sufficient cause to the contrary appears.

(2) The Registrar must—

• (a) Issue to the applicant or a person specified in writing by the applicant, a certificate of title for the land in Form No 2 in Schedule 1; or

• (b) create a computer register for the land and, if the land is not electronic transactions land, issue a certificate of title accordingly.

If it appears to the Registrar, at the expiration of the time limited as aforesaid, that there has been a failure in the service of any notice, and that service thereof is essential, the Registrar may either reject the application, or may limit and appoint a further time within which caveat may be lodged as aforesaid, and upon the expiration of that time, and upon proof of service of the notice, may, if no caveat has been lodged, bring the land under this Act by issuing a certificate in manner aforesaid.

The applicant may, with the consent of the person (if any) in whose name the certificate of title has been directed to be issued, withdraw his application at any time prior to the issuing of the certificate; and the Registrar shall in that case return to him, or to the person (if any) notified in the application as having a lien thereon, all instruments of title deposited by the applicant in support of his application.

(1) Upon issuing a certificate of title bringing land under this Act, the Registrar shall cancel by stamp or otherwise the conveyance or other instrument through which the applicant derives his title; but, if any such instrument relates to or includes any property other than the land included in the certificate of title, the Registrar shall, by endorsement thereon, cancel the same in so far only as relates to the land included in the certificate, and that instrument shall for all other purposes remain in full force and effect.

(2) All instruments of title relating exclusively to the land shall be retained by the Registrar, and no person shall be entitled to the production thereof except upon the written order of the applicant, or of some person claiming through or under him, or upon the order of the High Court.

The reversion expectant upon any lease shall not be deemed to have been extinguished in consequence of the land whereof that lease has been granted having been brought under this Act, and the person appearing upon the register as seised of the land described in the lease shall be held in every Court of law and equity to be seised of the reversion expectant upon the lease, and to have all powers, rights, and remedies to which a reversioner is by law entitled, and shall be subject to all covenants and conditions therein expressed to be performed on the part of the lessor.

It shall not be necessary for the Registrar to register any Crown grant that may be transmitted to him for registration under the Deeds Registration Act 1908 pending an application to bring the land comprised therein under this Act.

(1) Each Registrar shall keep a register, whether in the form of a book or otherwise, and shall bind up or include therein a duplicate of every grant of land and of every certificate of title to land within his district, and each such duplicate grant or certificate of title shall constitute a separate folium of the register, and the Registrar shall record thereon the particulars of all instruments, dealings, and other matters by this Act required to be registered affecting the land included under each such grant or certificate of title.

(2) The provisions of this Act or of any other Act or of any regulation, rule, bylaw, order, or other enactment, or of any deed, instrument, or other document whatsoever relating to the register book under this Act or to any grant or certificate of title bound in the register or in the register book or to any volume of the register or of the register book shall, in any case where the register or any part thereof is kept otherwise than in the form of a book, be read subject to such modifications as may be necessary, having regard to the form in which the register or part thereof is kept.

(1) Every grant and certificate of title shall be deemed and taken to be registered under the provisions and for the purposes of this Act so soon as the same have been marked by the Registrar with the folium and volume as embodied in the register.

(2) Every memorandum of transfer or other instrument purporting to transfer or in any way to affect land under the provisions of this Act shall be deemed to be so registered so soon as a memorial thereof as hereinafter described has been entered in the register upon the folium constituted by the existing grant or certificate of title of the land.

The person named in any grant, certificate of title, or other instrument so registered as seised of or taking any estate or interest shall be deemed to be the registered proprietor thereof.

(1) Every instrument presented for registration shall (except in the case of a memorandum of transfer) be in duplicate, or, if the person presenting the same so requires, in triplicate, and shall be attested by a witness:

Provided that, where the instrument affects land in more than one district, the Registrar of each district to whom the instrument is presented for registration as to that part of the land that is situated in his district may require the presentation for filing in his office of either an additional executed copy of the instrument or a copy of the instrument certified as a true copy by the Registrar in whose district an executed copy has already been filed.

(2) In the case of an instrument registered in triplicate one part shall be marked “Triplicate”, and it shall not be necessary to record on that part any memorial as provided by section 40 of this Act.

(3) The Registrar may waive the requirement that instruments be presented for registration in duplicate in respect of—

• (a) Any instrument:

• (b) Any class of instrument:

• (c) Any instrument of a particular class that is presented at a particular office of the Registrar.

(4) The requirement that instruments be presented for registration in duplicate or triplicate does not apply to any instrument registered under the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002.

(1) Every instrument shall be registered in the order of time in which the same is presented for that purpose.

(2) Instruments registered with respect to or affecting the same estate or interest shall, notwithstanding any express, implied, or constructive notice, be entitled in priority the one over the other according to the date of registration, and not according to the date of each instrument itself.

(1) On registration of any instrument the Registrar shall file the same or one part thereof (if in duplicate or triplicate) in his office and deliver the other or others (if any) to the person presenting the same for registration.

(2) So soon as registered every instrument, other than a memorandum within the meaning of section 155A(1) of this Act, that is drawn in any of the forms provided in the Schedules to this Act, or in any form which for the same purpose may be authorised in conformity with the provisions of this Act or as may be prescribed by regulations made under this Act, shall, for the purposes of this Act, be deemed and taken to be embodied in the register as part and parcel thereof.

(3) [Repealed]

(4) Where there is any conflict between the part of any instrument filed in the office of the Registrar and any part delivered under subsection (1) of this section to the person presenting the instrument for registration, the first-mentioned part shall prevail.

(1) Every memorial entered in the register shall state the nature of the instrument to which it relates, the day and hour of the production of the instrument for registration, and, if appropriate, the name of the person taking the benefit under the instrument, and shall refer by number or symbol to the instrument, and shall be signed by the Registrar or otherwise authenticated in a manner and by an officer of the Land Registry Office approved by the Registrar.

(2) The fact that any memorial is authenticated by any officer other than the Registrar shall be conclusive evidence of his authority to do so and of the approval of the Registrar to the manner in which the memorial is authenticated by that officer.

(1) Whenever a memorial of any instrument has been entered in the register, the Registrar shall (except in the case of a transfer or other dealing endorsed upon a memorandum of lease or mortgage, as hereinafter provided) record the like memorial on the duplicate grant, certificate of title, lease, or other instrument evidencing title to the estate or interest intended to be dealt with or in any way affected, unless the Registrar, as hereinafter provided, dispenses with the production of the same.

(2) The Registrar shall endorse on every instrument so registered a certificate of the date and hour on which the said memorial was entered in the register (being the day and hour of the production of the instrument for registration as specified in the memorial entered in the register pursuant to section 39 of this Act and duly authenticated in accordance with that section), and shall authenticate each such certificate by signing his name and affixing his seal thereto.

(3) Every such certificate shall be received in all Courts as conclusive evidence that the instrument has been duly registered.

(1) No instrument shall be effectual to pass any estate or interest in any land under the provisions of this Act, or to render any such land liable as security for the payment of money, but, upon the registration of any instrument under this Act or the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002, the estate or interest specified in the instrument shall pass, or, as the case may be, the land shall become liable as security in manner and subject to the covenants, conditions, and contingencies set forth and specified in the instrument, or by this Act declared to be implied in instruments of a like nature.

(2) If 2 or more instruments executed by the same proprietor, and purporting to transfer or encumber the same estate or interest in any land, are at the same time presented to the Registrar for registration and endorsement, he shall register and endorse that instrument under which the person claims property, who presents to him the grant or certificate of title of the land for that purpose.

(3) Subsection (2) does not apply to any electronic instruments intended to be registered against any electronic transactions land.

(4) If the instrument does not contain an operative provision that gives effect to the object of the instrument, then on registration—

• (a) the estate or interest specified in the instrument passes to the person identified as the party taking the estate or interest; or

• (b) in the case of a mortgage, the land specified becomes liable as security; or

• (c) in the case of a surrender, discharge, or variation of an instrument, the interest is extinguished or varied accordingly.

(5) The provisions of subsection (4) are subject to—

• (a) the covenants, conditions, and contingencies specified or otherwise incorporated or implied in the instrument; and

• (b) in the case of a discharge of a mortgage, the provisions of section 111 to the extent that the discharge is for the whole or part of the principal sum, annuity, or other sum.

(6) In the absence of any provision to the contrary in the instrument, a reference in the instrument to the unique identifier of a computer register must be taken to be a reference to the entire estate or interest for which the computer register was created.

No Registrar shall register any instrument purporting to transfer or otherwise to deal with or affect any estate or interest in land under the provisions of this Act, except in the manner herein provided, or as provided in any other Act authorising the registration of the instrument under this Act, nor unless the instrument is in accordance with the provisions of this Act or of that other Act, as the case may be.

(1) Subject to any regulations under this Act, where any instrument lodged for registration with the Registrar is found not to be in order for registration, he may—

• (a) Return the instrument and all other instruments lodged in connection therewith, or such of them as he thinks fit, to the person by whom they were lodged or, where that person is not available, to such other person as may, in the opinion of the Registrar, be entitled to receive them; or

• (b) Retain the instrument in his office pending rectification of any matter required by the Registrar to be rectified.

(1A) Where the Registrar makes a finding under subsection (1), but has already returned the instrument lodged for registration (other than pursuant to subsection (1)(a)), the Registrar must give a notice to the person by whom the instrument was lodged specifying that—

• (a) The return of the instrument is to be regarded as having been made under subsection (1)(a); or

• (b) The instrument is to be regarded as having been retained pursuant to subsection (1)(b),—

and the instrument must be treated as so returned or retained for the purposes of this section.

(2) If any requisition made by the Registrar in respect of any instrument retained for rectification as aforesaid is not complied with within such time as the Registrar may specify in that behalf in a notice forwarded to the person who lodged the instrument, or to the person entitled under the instrument, the Registrar—

• (a) May refuse to complete or proceed with the registration of the instrument or to do any act or make any entry in relation thereto; and

• (b) May thereupon return the instrument and all other instruments lodged in connection therewith, or such of those instruments as he thinks fit, to the person by whom they were lodged or, where that person is not available, to such other person as may, in the opinion of the Registrar, be entitled to receive them.

(3) If any instrument is returned as provided in subsection (1)(a), the Registrar may determine that either—

• (a) any fees paid to the Registrar in respect of the instrument are forfeited; or

• (b) any fees paid to the Registrar are forfeited unless any matter required to be rectified to enable the instrument to be registered is so rectified and the instrument is again lodged with the Registrar within a period specified by the Registrar.

(4) Where any instrument is returned as provided in paragraph (b) of subsection (2) of this section, any fees paid to the Registrar in respect of that instrument shall be forfeited.

(5) [Repealed]

(6) Where any instrument is returned pursuant to this section, it shall be deemed not to have been presented for registration.

(7) [Repealed]

(1) The Registrar where he or she has reasonable cause for so doing, may dispense with the production of any grant, certificate of title, lease, or other instrument for the purpose of entering the memorial by this Act required to be entered upon the transfer or other dealing with land within his district and under the provisions of this Act.

(2) Where production has been dispensed with as aforesaid, then, upon the registration of the transfer or other dealing, the Registrar shall notify in the memorial in the register book of his district that no entry of that memorial has been made on the duplicate grant or other instrument, and every such transfer or other dealing shall thereupon be as valid and effectual as if the memorial had been so entered:

Provided that before registering any such transfer or other dealing the Registrar shall give at least the prescribed period of notice of his intention to register the dealing in the Gazette and in at least one newspaper published in the locality.

The Registrar shall furnish to any person applying for the same a certified copy of any registered instrument affecting land within his district, and every such certified copy signed by him, and sealed with his seal, shall be received in evidence for all purposes for which the original instrument might be put in evidence.

The Registrar may furnish to any person applying for the same a copy of any grant or certificate of title, or any lease or licence or deed forming a folio of or entered in the register under or by virtue of the Land Act 1948.

Any person may have access to the register for the purpose of inspection during the hours and upon the days appointed by regulation under this Act.

(1) A person claiming under an instrument, or anyone acting on his or her behalf, may present the instrument at a designated land registry office—

• (a) by hand at the public counter; or

• (b) by depositing the instrument in a secure facility provided for that purpose; or

• (c) by posting it to that office.

(2) For the purpose of subsection (1), designated land registry office means any land registry office designated for that purpose by the Registrar.

(3) Subject to subsections (4), (5), and (6), an instrument presented for registration under this section has priority as provided for in section 37.

(4) An instrument presented in the manner provided for in subsection (1)(b) or (c) is deemed to have been presented for registration on the business day after the day on which it is received by the Registrar and before any other matter presented on the day of registration in relation to the same land.

(5) Any caveat of any kind or notice of claim under the Property (Relationships) Act 1976 that is presented to the Registrar in the manner provided for in subsection (1)(b) or (c) is deemed to have been presented for entry after any other instrument presented to the Registrar in the same manner on the same day.

(6) Except where subsection (5) applies, if 2 or more instruments are received in the manner provided for in subsection (1)(b) or (c), they have priority as between themselves,—

• (a) if section 41(2) applies to the instruments, in accordance with that provision:

• (b) if section 41(2) does not apply to the instruments, in the order in which they were date and time stamped as received by the Registrar.

Until a folium of the register has been duly constituted for any land under this Act, all dealings, memorials, and entries affecting that land shall be provisionally registered as hereinafter provided, that is to say,—

• (a) For the purposes of provisional registration, and for the recording of all dealings and entries, a certificate under the hand of the Director-General of Lands to the effect that the purchase money has been paid, or the order of the Maori Land Court declaring that the lands shall be held in freehold tenure, shall take the place of a Crown grant:

• (b) Every such certificate or order shall be issued in duplicate, and it shall be the duty of the person issuing the same to forward one duplicate to the Registrar of the district in which the land is situate:

• (c) The Registrar shall embody all such duplicates in a book or other means of filing (hereinafter called the provisional register), and each certificate or order shall form a separate folium thereof, and shall be numbered accordingly, and when so numbered shall be deemed duly registered.

(1) So soon as the register of any land is finally constituted, the Registrar shall close the provisional register as to that land, and shall transfer to the register the record of all memorials and entries affecting that land so far as may be necessary to preserve existing interests.

(2) The Registrar shall also record the same on the duplicate grant, and all such memorials and entries and the dealings to which they relate shall thereafter take effect as if the same had been originally entered in the register.

(3) Every dealing the memorial or entry whereof has been either originally entered on or has been transferred to the register in manner aforesaid shall be deemed to be finally registered.

So long as land remains on the provisional register, no certificate of title other than a certificate in lieu of grant shall be issued in respect thereof, but every entry on the provisional register, if purporting to be duly made and signed, shall be received in all Courts of law and equity as evidence of the particulars therein set forth, and shall, as against the person named in the original certificate or order of Court and all persons claiming through, under, or in trust for him, be conclusive evidence that the person named in that entry is seised or possessed of the estate or interest of which he is expressed to be the registered proprietor.

(1) Every receipt issued by the Director-General of Lands for the purchase money of land contracted to be sold under the provisions of the Canterbury Educational Reserves Sale and Leasing Act 1876, or any Act in amendment thereof or substitution therefor, shall be in duplicate, and the Director shall transmit one copy thereof to the Registrar.

(2) The Registrar shall include the receipt in the provisional register book of his district, as if the receipt was a certificate under the hand of the Director-General of Lands evidencing payment of the purchase money of Crown lands; and, until the issue of a certificate of title for the same as hereinafter mentioned, all dealings with that land by the purchaser, and by those claiming through or under him, shall be entered on the provisional register only.

(3) Nothing in this Act shall be taken to preclude the registration in due form of any instrument requisite for giving effect to the provisions of any such Act as aforesaid and for vesting the land contracted to be sold as aforesaid in the purchaser named in the receipt; but, until the issue of a certificate of title for the land, no other dealings whatever with the land shall be registered save and except such as are hereinbefore authorised to be entered on the provisional register.

(4) Upon the registration of a Crown grant for the said land, or of a certificate of title issued pursuant to a warrant in lieu of grant or pursuant to a certificate of the Director-General of Lands and the Chief Surveyor, and of a duly executed transfer to the purchaser, the Registrar shall cancel that grant or certificate of title as to the land transferred, and issue a certificate of title for the land to the purchaser or to such other person or persons, and subject to such memorials and entries thereon, as are necessary for giving effect to the dealings on the provisional register.

Subject to any special provisions herein contained, all provisions of this Act shall, so far as the circumstances of the case will admit, apply to land on the provisional register, and to the registration of instruments and other matters affecting the same, save that the estate or interest of a proprietor of any estate or interest on the provisional register shall be indefeasible only against the person named in the original certificate or order, and all persons claiming through, under, or in trust for him.

In case of the loss or destruction before registration thereof of any instrument executed by a registered proprietor for the purpose of creating, transferring, or otherwise dealing with any estate or interest in land under this Act, or any mortgage or encumbrance affecting land under this Act, the person claiming to be entitled to be registered as proprietor of any estate or interest by virtue of the lost instrument may make application to the High Court to have his claim investigated and declared.

(1) Upon proof to the satisfaction of the Court of the fact of such loss or destruction as aforesaid, and that such instrument as aforesaid has not been wilfully destroyed by or with the connivance of the applicant, and that the applicant is entitled to be registered as aforesaid, and that due notice of the application has been given to the registered proprietor of the land, estate, or interest intended to be affected, and to all other necessary parties, the Court may make an order defining and declaring the estate or interest of the applicant under the instrument, and requiring the Registrar to register him as proprietor thereof, and the Registrar shall obey the order.

(2) Every such registration shall have the same effect as from the date thereof as if the original instrument had been duly registered; and that instrument shall for the purposes of this Act be deemed and taken to have been in the terms or to the effect set forth in the order.

(3) The Court shall, in hearing and deciding upon any case under this section and the last preceding section, be guided by the real justice of the case, and shall direct itself by such evidence as may seem to it most suitable to the circumstances of the case.

Leases, mortgages, encumbrances, or other estates or interests affecting the estate of the proprietor at the time of bringing land under this Act (hereinafter called outstanding interests), shall, so far as the same are disclosed in the application or can otherwise be ascertained, be notified on the register in such manner as to preserve their priority, and shall thereafter, notwithstanding variation in form, be dealt with as if the same or corresponding interests had been originally created under this Act, and every dealing therewith shall imply all powers, conditions, and covenants incident to dealings in the like form with land under this Act.

(1) Estates and interests existing by virtue of instruments registered under the Deeds Registration Act 1908 affecting land over which the Maori title has been extinguished since the constitution of the district within which the land is situate shall be deemed outstanding interests within the meaning of this Act, and shall be noted accordingly.

(2) No such estates or interests shall be so recognised if created prior to the antevesting date in the grant, or subsequent to the 31st day of August 1874.

No person claiming any estate or interest by virtue of any deed or instrument which might have been registered against the land under any Act for the time being in force for the registration of deeds within New Zealand shall have any claim or action against the Crown by reason of deprivation of that estate or interest consequent on bringing the land under this Act, unless that deed or instrument has been so registered, or unless the Registrar has been served personally with notice in writing of the claim, or has had actual personal knowledge thereof, and has omitted to recognise the same.

Subject to any Act of the Parliament of New Zealand for the time being in force relating to the tenure of land by persons of the Maori race, any 2 or more persons named in any Crown grant or in any instrument executed under this Act as transferees, mortgagees, or proprietors of any estate or interest, shall, unless the contrary is expressed, be deemed to be entitled as joint tenants with right of survivorship, and every such instrument, when registered, shall take effect accordingly.

Notwithstanding the existence in any other person of any estate or interest, whether derived by grant from the Crown or otherwise, which but for this Act might be held to be paramount or to have priority, but subject to the provisions of Part 1 of the Land Transfer Amendment Act 1963, the registered proprietor of land or of any estate or interest in land under the provisions of this Act shall, except in case of fraud, hold the same subject to such encumbrances, liens, estates, or interests as may be notified on the folium of the register constituted by the grant or certificate of title of the land, but absolutely free from all other encumbrances, liens, estates, or interests whatsoever,—

• (a) Except the estate or interest of a proprietor claiming the same land under a prior certificate of title or under a prior grant registered under the provisions of this Act; and

• (b) Except so far as regards the omission or misdescription of any right of way or other easement created in or existing upon any land; and

• (c) Except so far as regards any portion of land that may be erroneously included in the grant, certificate of title, lease, or other instrument evidencing the title of the registered proprietor by wrong description of parcels or of boundaries.

(1) No action for possession, or other action for the recovery of any land, shall lie or be sustained against the registered proprietor under the provisions of this Act for the estate or interest in respect of which he is so registered, except in any of the following cases, that is to say:

• (a) The case of a mortgagee as against a mortgagor in default:

• (b) The case of a lessor as against a lessee in default:

• (c) The case of a person deprived of any land by fraud, as against the person registered as proprietor of that land through fraud, or as against a person deriving otherwise than as a transferee bona fide for value from or through a person so registered through fraud:

• (d) The case of a person deprived of or claiming any land included in any grant or certificate of title of other land by misdescription of that other land, or of its boundaries, as against the registered proprietor of the other land, not being a transferee or deriving from or through a transferee thereof bona fide for value:

• (e) The case of a registered proprietor claiming under the instrument of title prior in date of registration, under the provisions of this Act, in any case in which 2 or more grants or 2 or more certificates of title, or a grant and a certificate of title, may be registered under the provisions of this Act in respect to the same land.

(2) In any case other than as aforesaid, the production of the register or of a certified copy thereof shall be held in every Court of law or equity to be an absolute bar and estoppel to any such action against the registered proprietor or lessee of the land the subject of the action, any rule of law or equity to the contrary notwithstanding.

Subject to the provisions of Part 1 of the Land Transfer Amendment Act 1963, after land has become subject to this Act, no title thereto, or to any right, privilege, or easement in, upon, or over the same, shall be acquired by possession or user adversely to or in derogation of the title of the registered proprietor.

(1) Every registered proprietor of an estate of freehold in possession in land under this Act shall be entitled to a certificate of title for the same in Form No 2 in the said Schedule 1 to this Act, or as near thereto as the nature of the interest will permit.

(2) No certificate of title shall issue for any undefined interest.

(1) In the case of any lease, including a lease forming a folium of the register book in the office of the Registrar, the Registrar may, if in his opinion the number or nature of the entries thereon or in the register book renders it expedient so to do, issue to the registered proprietor a certificate of title for his leasehold interest.

(2) The certificate of title shall refer to the lessor's certificate of title, if any, and to the lease, and shall state the date of commencement and the length of term, or the date of expiry of the term, created by the lease, and shall in all other respects be, with the necessary modifications, in Form No 2 in the said Schedule 1 to this Act, and shall be subject to the provisions of the lease and also to the provisions of this Act affecting leases.

(3) On the determination of the lease, otherwise than by effluxion of time, the certificate of title shall be cancelled by the Registrar by endorsement on the folium of the register book, and on the expiry of the term of the lease the certificate of title shall be deemed to be so cancelled.

(4) The Registrar shall enter a memorial of the issue of the certificate of title upon the lease and upon the outstanding duplicate thereof, and also upon the folium of the register book of the lessor's certificate of title (if any), and thereafter all dealings with or transmissions of the lease shall be registered on the certificate of title, and not on the folium of the register book of the lessor's certificate of title nor on the folium constituted by the lease nor on the outstanding duplicate of the lease.

(5) All the provisions of this Act with respect to certificates of title shall, with the necessary modifications, apply to a certificate of title issued under this section in respect of a leasehold interest.

(6) [Repealed]

The Registrar shall note upon every certificate, in such manner as to preserve their priority, the memorials of all unsatisfied mortgages, leases and other estates and interests, outstanding or otherwise, to which the land is subject at the time of issuing the certificate; and, in case of a certificate issued to a minor or person under other legal disability, the Registrar shall, in the certificate, state the particulars of that disability so far as he has notice or knowledge thereof.

(1) Every certificate issued pursuant to any dealing under this Act shall bear even date with the registration of that dealing, unless the dealing has been originally entered on the provisional register, in which case the certificate shall bear even date with the registration of the Crown grant, or with the date of the receipt by the Registrar of the Governor-General's warrant for issue of a certificate in lieu of grant, or a certificate having the effect of a warrant under section 12 of this Act, as the case may be.

(2) A certificate of title issued in the name of a registered proprietor in lieu of a cancelled certificate may be expressed to take effect as from the date of the certificate originally issued to that proprietor in respect of the same estate or interest.

Whenever any easement or incorporeal right, other than an annuity or rentcharge in or over any land under this Act, is created for the purpose of being annexed to, or used and enjoyed together with, other land under this Act, the Registrar shall enter a memorial of the instrument creating that easement or incorporeal right upon the grant or certificate of title of the other land, and that memorial shall, as from the date of entry thereof, have the effect of including the easement or incorporeal right in the grant or certificate of title as appurtenant to the land therein described.

(1) If any easement or profit á prendre has been determined or extinguished, or appears to the Registrar to be redundant, the Registrar must, on proof to his or her satisfaction of the determination or extinguishment or that the easement is redundant, make an entry to that effect in the register.

(2) For the purposes of subsection (1), an easement may be regarded as redundant if—

• (a) the dominant tenement or any part of it has become separated from the servient tenement as a result of a subdivision or otherwise; and

• (b) the easement no longer benefits the dominant land.

(3) A person who wishes the Registrar to make an entry to the effect that an easement is redundant must apply to the Registrar, and give the Registrar a statutory declaration or declarations to the effect that specific circumstances exist that meet—

• (a) the criteria set out in subsection (2); or

• (b) any other criteria specified by the Registrar for determining that easements are redundant.

(4) The Registrar may make an entry that an easement is determined, extinguished, or redundant if he or she—

• (a) has given notice of his or her intention to do so to all persons appearing to him or her to be entitled to any interest under the easement; and

• (b) has given the prescribed period of public notice of his or her intention to do so; and

• (c) No objections have been received.

(5) The estate or interest of the registered proprietor of the easement or profit á prendre and of every person claiming through or under the registered proprietor ceases and determines on the making of the entry in the register, but does not release any person from any liability to which that person is subject at the time of the entry.

(6) The requirement to give notice under subsection (4) does not apply if the determination or extinguishment was by effluxion of time or merger.

On the application of any person having any registered estate or interest in any land that is subject to a registered covenant or agreement relating to fencing, the Registrar, if he is satisfied that there is no person who is or may become entitled to the benefit of the covenant or agreement, or that all the persons who are or may become so entitled have consented to the cancellation of the covenant or agreement, shall make an entry in the register and on any relevant instrument of title noting that the covenant or agreement is cancelled, and thereupon the covenant or agreement shall cease to have any effect.

When 2 or more persons are entitled as tenants in common to undivided shares in any land, each such person shall be entitled to receive a separate certificate for his undivided share:

Provided that tenants in common shall not be bound to take separate certificates unless and until they require to make separate dealings with their respective interests and the Registrar, in his discretion, requires them to take separate certificates for those interests.

The Registrar shall not be bound to issue a certificate of title upon any application in respect of which notice is hereby required to be given by advertisement until after the expiration of the prescribed period.

If any certificate, whether on the first bringing of land under this Act or otherwise, is issued in the name of a person who has previously died, the certificate shall not be void, but the land comprised therein shall devolve in like manner as if the certificate had been issued immediately prior to the death.

(1) Every certificate of title duly authenticated under the hand and seal of the Registrar shall be received in all Courts of law and equity as evidence of the particulars therein set forth or endorsed thereon, and of their being entered in the register, and shall, unless the contrary is proved by production of the register or a certified copy thereof, be conclusive evidence that the person named in that certificate of title, or in any entry thereon, as seised of or as taking estate or interest in the land therein described is seised or possessed of that land for the estate or interest therein specified as from the date of the certificate or as from the date from which the same is expressed to take effect, and that the property comprised in the certificate has been duly brought under this Act.

(2) Nothing in this section applies to electronic transactions land.

(1) No instrument purporting to deal with any land, estate, or interest under this Act shall be or be deemed to have been invalid or ineffectual by reason only that the instrument may purport to have been executed at a time when the person executing the instrument was not actually registered as the proprietor of that land, estate, or interest.

(2) Subsection (3) of section 17 hereof shall extend and apply to this section.

No right to any public road or reserve shall be acquired, or be deemed to have been acquired, by the unauthorised inclusion thereof in any certificate of title or by the registration of any instrument purporting to deal therewith otherwise than as authorised by law.

No certificate of title or computer register as defined in the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 shall be impeached or defeasible on the ground of want of notice or of insufficient notice of the application to bring the land therein described under this Act, or on account of any error, omission, or informality in the application or in the proceedings pursuant thereto.

Any certificate of title issued upon the first bringing of land under this Act, whether upon application or by force of any statute or of the order of any Court, and every certificate of title issued in respect of the same land, or any part thereof, to any person claiming or deriving title under or through the first registered proprietor shall be void as against the title of any person adversely in actual occupation of and rightfully entitled to that land, or any part thereof, at the time when the land was so brought under this Act, and continuing in such occupation as aforesaid at the time of any subsequent certificate of title being issued in respect of the said land; but subject to the provisions of Part 1 of the Land Transfer Amendment Act 1963 every such certificate shall be as valid and effectual against the title of any other person as if that adverse occupation did not exist.

(1) The Registrar may, upon such evidence as appears to him sufficient, subject to any regulations under this Act, correct errors and supply omissions in certificates of title or in the register, or in any entry therein, and may call in any outstanding instrument of title for that purpose.

(2) The Registrar may cancel or correct any computer register and, if appropriate, create a new computer register in order to correct any error or supply any omission in any computer register.

(1) Where it appears to the satisfaction of the Registrar that any certificate of title or other instrument has been issued in error, or contains any misdescription of land or of boundaries, or that any entry or endorsement has been made in error, or that any grant, certificate, instrument, entry, or endorsement has been fraudulently or wrongfully obtained, or is fraudulently or wrongfully retained, he may require the person to whom that grant, certificate, or instrument has been so issued, or by whom it is retained, to deliver up the same for the purpose of being cancelled or corrected, as the case may require.

(2) If the Registrar is satisfied as to any matter referred to in this section and there is a computer register involved, the Registrar may cancel or correct any computer register and, if appropriate, create a new computer register.

(3) The Registrar must not take action under subsection (2) without first giving notice to any person appearing to be affected and giving a reasonable period for any response.

(1) In case any such person refuses or neglects to comply with that request, or cannot be found, the Registrar may apply to the High Court for an order that the grant, certificate, or other instrument be delivered up as aforesaid.

(2) If that person when served with notice of the application neglects or refuses to attend before the Court at the time therein appointed, the Court may issue a warrant authorising and directing the person so notified to be apprehended and brought before the Court for examination.

Upon the appearance before the Court of any person notified or brought up by virtue of a warrant as aforesaid, the Court may examine that person upon oath; and may order him to deliver up the grant, certificate of title, or other instrument as aforesaid; and upon his refusal or neglect to comply with the order, may commit him to any convenient prison.

In any such case, or in case the said person has absconded so that notice of the application cannot be served upon him, the Registrar shall, if the circumstances of the case require it, issue to the proprietor of the land such certificate of title or other instrument as is herein provided to be issued in the case of any grant or certificate of title being lost, mislaid, or destroyed, and shall enter in the register notice of the issuing of that certificate of title or other instrument, and the circumstances under which it was issued, and such other particulars as he deems necessary.

Upon the recovery of any land, estate, or interest by any proceeding in any Court from the person registered as proprietor thereof, the Court may, in any case in which such a proceeding is not expressly barred, direct the Registrar to cancel any certificate of title or other instrument, or any entry or memorial in the register relating to the land, and to substitute such certificate of title or entry as the circumstances of the case require, and the Registrar shall give effect to the order accordingly.

(1) Upon the application or with the consent of any registered proprietor of land held under separate grants or certificates of title, or under one grant or certificate, the Registrar may issue to that proprietor a single certificate of title for the whole of the land, or several certificates, each comprising portion of the land, so far as the same may be done consistently with any regulations for the time being in force.

(2) Upon issuing any such certificate the Registrar shall cancel the grant or previous certificate, and shall note thereupon a reference to the certificate of title issued in lieu thereof.

(1) In the event of any grant or certificate of title being lost, mislaid, or destroyed, the registered proprietor, together with other persons (if any) having knowledge of the circumstances, may make a statutory declaration stating the facts of the case, the names and descriptions of the registered owners, and the particulars of all mortgages, encumbrances, or other matters affecting the land and the title thereto, to the best of the declarant's knowledge and belief.

(2) The Registrar, if satisfied as to the truth of the declaration, may issue a provisional certificate of title, which provisional certificate shall contain an exact copy of the original grant or certificate and of every memorandum and endorsement thereon, and shall also contain a statement of the circumstances under which the provisional certificate is issued.

(3) The Registrar shall at the same time enter in the register notice of the issuing of the provisional certificate and the date thereof, and the circumstances under which it was issued.

(4) The Registrar before issuing a provisional certificate shall give at least the prescribed period of notice of his intention so to do in the Gazette and in at least one newspaper published in New Zealand.

(5) Every such provisional certificate shall be available for all purposes and uses for which the grant or certificate of title so lost or mislaid would have been available, and as valid to all intents as the lost grant or certificate.

(6) Instead of issuing a provisional certificate of title as herein provided, the Registrar, after giving notice similar to that provided for in subsection (4) hereof, may cancel the certificate of title by an endorsement on the existing folium of the register book, and may issue in lieu thereof a new certificate of title for the land.

(1) The provisions of the last preceding section shall, as far as they are applicable and with the necessary modifications, apply to any lease or licence, or memorandum of lease, or memorandum of mortgage of which the outstanding duplicate has been lost, mislaid, or destroyed.

(2) The same provisions shall, as far as they are applicable and with the necessary modifications, apply to any lease or licence, or memorandum of lease, or memorandum of mortgage of which the outstanding duplicate has become defaced or dilapidated and is surrendered to the Registrar for cancellation, but in that case the statutory declaration referred to in subsection (1) and the notices referred to in subsection (4) of the said last preceding section shall not be necessary.

Where a transfer has, under section 83 of the Local Government (Rating) Act 2002, been registered without production of the outstanding certificate of title, the Registrar may, if he is satisfied that the outstanding certificate cannot be got in and cancelled, issue a new certificate in the name of the purchaser without cancellation of the outstanding certificate, and for that purpose may cancel the existing folium of the register.

(1) Where on the subdivision of any land any separate part thereof (in this Part of this Act referred to as an access strip) was, in the opinion of the Registrar, laid off for the sole purpose of providing access from any of the allotments comprising the subdivision to an existing road or street, the registered proprietor or, if more than one, the registered proprietors of the fee simple estate in all the allotments of the subdivision that are contiguous to the access strip may, subject to the provisions of this Part of this Act, make application to the Registrar to have the access strip brought under the provisions of this Act in the name of the applicant, or, if more than one, in the names of the applicants as tenants in common (subject to the provisions of section 89E of this Act) in shares proportionate to the number of the allotments of the subdivision that are contiguous to the access strip of which they are so registered as proprietors, or, as the case may require, for the issue of a certificate of title for an estate in fee simple in the access strip in the name of the applicant, or, if more than one, in the names of the applicants as tenants in common (subject to the provisions of section 89E of this Act) in the shares aforesaid.

(2) For the purposes of this Part of this Act, where before the making of an application under subsection (1) of this section any allotment of a subdivision has been further subdivided into 2 or more allotments, each of those lastmentioned allotments that is contiguous to the access strip shall be deemed to be an allotment of the original subdivision.

(3) Nothing in subsection (1) of this section shall apply, unless—

• (a) None of the proprietors of the fee simple estate in the access strip can be found after such inquiries as the Registrar considers reasonable have been made; or

• (b) Every proprietor of an estate in fee simple in the access strip who can be found consents to the granting of the application.

(4) In subsection (3) of this section the term proprietor, in relation to the fee simple of an access strip, means—

• (a) Where the access strip is subject to this Act, the registered proprietor; and includes any person entitled to be registered as proprietor through or under the registered proprietor:

• (b) Where the access strip is not subject to this Act, the person in whom the fee simple is vested pursuant to an instrument registered under the Deeds Registration Act 1908; and includes any person entitled to the fee simple estate through or under the first-mentioned person.

(5) Nothing in subsection (1) of this section shall apply where the access strip is acknowledged or accepted or declared to be a road or street or service lane or an access way in accordance with law by any local or controlling authority having jurisdiction over roads, streets, service lanes, or access ways in the district within which the access strip is situated.

Notwithstanding anything in section 89A of this Act, an application may be made under that section, notwithstanding that any one or more of the registered proprietors of the fee simple estate in any allotments of the subdivision that are contiguous to the access strip are not parties to the application, if that registered proprietor or those registered proprietors consent to the application in writing duly attested by a witness, which consent shall not be unreasonably withheld:

Provided that if any such registered proprietor cannot be found after such inquiries as the Registrar considers reasonable have been made, the consent of that registered proprietor shall not be necessary; but no rights, express or implied, over the access strip or any part thereof in favour of his allotment shall be prejudiced by the granting of the application.

(1) Every application made under section 89A of this Act shall, except as otherwise expressly provided in this Part of this Act, be dealt with, as to notices, plans, caveats, fees, and all other matters, in accordance with the provisions of this Act relating to applications to bring land under this Act, as far as those provisions are applicable and with all necessary modifications.

(2) In addition to those provisions, the Registrar shall cause notice in writing of the application to be given to the local or controlling authority which, if the access strip were a road or street or service lane or an access way, would have jurisdiction in respect thereof, and the notice shall appoint a time, being not less than the prescribed period of notice, during which that authority may lodge a caveat in form M in Schedule 2 to this Act, modified where necessary to suit the circumstances. Where pursuant to this subsection a caveat in form M as aforesaid is lodged in respect of an access strip already under the provisions of this Act, the reference in section 144 of this Act to an order or injunction shall be deemed to extend to an order or injunction restraining the Registrar from issuing a certificate of title pursuant to the application.

(1) Notwithstanding anything in any other Act, where the Registrar is satisfied, in respect of any application lodged under this Part of this Act, that—

• (a) The provisions of this Part of this Act have been duly complied with; and

• (b) All notices required to be given have been given; and

• (c) All times required to expire have expired; and

• (d) Every caveat lodged has lapsed as provided in this Act or been withdrawn; and

• (e) No sufficient reason to the contrary otherwise appears,—

the Registrar shall issue to the applicant, or, as the case may be, to the applicants as tenants in common in the appropriate shares (subject to the provisions of section 89E of this Act), a certificate of title in Form 2 in Schedule 1 to this Act for an estate in fee simple in the access strip to which the application relates, subject to any outstanding interests to which it remains subject.

(2) Without limiting the provisions of paragraph (e) of subsection (1) of this section, the Registrar may, in his discretion, refuse the application if the access strip is not being used solely for the purpose of providing access to a road or street from the allotments of the subdivision in respect of which the application is made.

Where the Registrar issues a certificate of title for any access strip under section 89D of this Act, the following provisions shall apply:

• (a) No registered proprietor of the fee simple estate in the access strip may dispose of or create any charge over any allotment of the subdivision that is contiguous to the access strip to or in favour of any person, unless he simultaneously in like manner and to or in favour of the same person disposes of or creates a charge over his share in the access strip, or, as the case may be, in so much thereof as is attributable under subsection (1) of section 89A of this Act to his ownership of the contiguous allotment being so disposed of or over which he is creating a charge as aforesaid. For the purposes of this paragraph, the settlement of any such allotment as a joint family home under the provisions of the Joint Family Homes Act 1964 shall be deemed not to be a disposal of the allotment:

• (b) The Registrar shall make an entry upon the certificate of title so issued for the access strip, and on the register copy of the certificate of title for the fee simple estate in every allotment of the subdivision that is contiguous thereto and the registered proprietor of which is the registered proprietor or one of the registered proprietors named in the certificate of title so issued as aforesaid, to the effect that the contiguous land is subject to the provisions of paragraph (a) of this section:

• (c) Where any other certificate of title under this Act is in existence for the fee simple estate in the access strip, the Registrar shall cancel that other certificate of title so far as it relates to the access strip, and the memorial of cancellation shall state that the cancellation is made under the authority of this section:

• (d) Any fee simple estate in the access strip previously held by any person other than the persons named in the certificate of title so issued as being seised of that estate in fee simple shall cease and determine:

• (e) Where any allotment of the subdivision to which any share in the access strip is attributable under subsection (1) of section 89A of this Act is owned in fee simple by 2 or more persons as joint tenants or as tenants in common, that share shall also vest in them as joint tenants or, as the case may be, as tenants in common in the shares in which that allotment is vested in them:

• (f) Where any allotment of the subdivision contiguous to the access strip is at the time of the issue of the certificate of title subject to a registered mortgage, and the mortgagor thereunder is registered as the proprietor or one of the proprietors of an estate in fee simple in the access strip by virtue of his ownership of that allotment, any power expressed or implied in the mortgage whereby the mortgagee may sell the allotment or any part thereof on default being made under the provisions of the mortgage shall be deemed to extend to and include power to sell so much of the mortgagor's estate or interest in the access strip as is attributable to his ownership of the allotment (or, as the case may be, a proportionate part thereof where the power of sale relates to part only of the allotment), as if that estate or interest were included in the mortgage as part of the security; and the Registrar shall make an entry on the register copy of the mortgage, and also on the mortgagee's copy when it is produced to him, to the effect that this paragraph applies to the mortgage:

• (g) Where any allotment to which paragraph (f) of this section applies is, after the issue of the certificate of title, settled as a joint family home under the Joint Family Homes Act 1964, the provisions of that paragraph shall apply whether the share in the access strip is owned by the husband and wife or by either of them:

• (h) For the purposes of paragraph (f) of this section, the term mortgage includes any lien, charge, or other security for the payment of money; and the terms mortgagor and mortgagee have corresponding meanings; and the provisions of that paragraph, as far as they are applicable and with any necessary modifications, shall apply with respect to such liens, charges, or securities accordingly:

• (i) Notwithstanding anything in section 172 of this Act, no action shall lie against the Crown or the Registrar-General by any person whose estate in fee simple in the land in the certificate of title so issued has ceased or been determined under paragraph (d) of this section by reason of that cessation or determination, except where that registered proprietor—

  • (i) Has been deprived of that estate by fraud on the part of any applicant or applicants under any application under this Part of this Act or by the error, omission, or misfeasance of the Registrar or any of his officers or clerks in dealing with any application; and

  • (ii) Is by this Act barred from bringing an action for possession or other action for recovery of the land or the said estate therein.

(1) A transfer instrument may be used for the purpose of registering under this Act—

• (a) the transfer of any land or estate or interest in land; or

• (b) the creation or surrender of any easement or profit a prendre.

(2) A transfer instrument must include the following information:

• (a) the estate or interest to be transferred, created, or surrendered, which must include a reference to the register in the prescribed manner; and

• (b) the person who is to take the interest.

(3) A transfer instrument must be executed by—

• (a) the registered proprietor of the estate or interest; and

• (b) if an easement or profit a prendre is created or surrendered, or the transfer contains covenants binding on that party, the person who is to take the interest; and

• (c) if an easement is reserved, the transferee.

(1) This section does not limit other provisions by which easements may be created or surrendered.

(2) An easement that could be created or surrendered by a transfer under section 90 may be created or surrendered by an easement instrument under this section.

(3) An easement instrument must include the following information:

• (a) in the case of an easement not in gross, the dominant and servient tenements, which must include a reference to the register in the prescribed manner; and

• (b) in the case of an easement in gross, the servient tenement, which must include a reference to the register in the prescribed manner, and the person to whom the easement is to be granted; and

• (c) the nature and extent of any easement to be created; and

• (d) the rights and powers that will apply to any easement to be created; and

• (e) any easement to be surrendered, which must include a reference to the register in the prescribed manner.

(4) An easement instrument must be executed by,—

• (a) in the case of an easement not in gross, the registered proprietors of the dominant and servient tenements; and

• (b) in the case of an easement in gross, the registered proprietor of the servient tenement and the grantee.

(5) Easements are created or surrendered under this section when the easement instrument specifying them is registered.

(6) Section 69 of this Act and section 21 of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002, with any necessary modifications, apply to easements created under this section.

(9) Every easement certificate registered under this section is deemed, for the purposes of section 243(a) of the Resource Management Act 1991, to be an instrument by which every easement specified in that certificate is granted or reserved.

(1) The provisions of this section do not limit other provisions by which easements may be created or surrendered.

(2) An easement that could be created or surrendered by transfer under section 90 may be created or surrendered under this section.

(3) An easement may be created under this section by specifying—

• (a) the dominant or servient tenement or both (as the case requires), which must include a reference to the register in the prescribed manner; and

• (b) the nature and extent of the easement; and

• (c) the rights and powers that will apply to the easement created under this section by referring without modification to applicable rights and powers—

  • (i) prescribed in regulations made under this Act; or

  • (ii) contained in a memorandum registered under section 155A.

(4) The matters set out in subsection (3) may be specified either—

• (a) in a deposit document specified by the Registrar under section 167A; or

• (b) on a plan in a form specified in rules made under the Cadastral Survey Act 2002.

(5) The consent of the following persons is required for the creation or surrender of easements under this section:

• (a) in the case of an easement not in gross, the registered proprietors of the dominant and servient tenements; and

• (b) in the case of an easement in gross, the registered proprietor of the servient tenement and the grantee.

(6) Easements are created or surrendered under this section,—

• (a) if specified in a deposit document, when the plan to which that document relates is deposited under section 167:

• (b) if specified on a plan, when that plan is deposited under section 167.

(7) Section 69 of this Act and sections 21 and 30 of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002, with any necessary modifications, apply to easements created under this section.

(1) An easement variation instrument may be registered to effect any of the following changes to any term, covenant, or condition of any easement created or registered under this Act:

• (a) varying it:

• (b) negativing it:

• (c) adding to it.

(2) An easement variation instrument must specify the easement to be varied by reference to the register in the prescribed manner.

(3) An easement instrument must be executed by,—

• (a) in the case of an easement not in gross, the registered proprietors of the dominant and servient tenements; and

• (b) in the case of an easement in gross, the registered proprietor of the servient tenement and the grantee.

(1) Regulations made under this Act may specify, for the purposes of this section,—

• (a) different classes of easements; and

• (b) the rights and powers that are to be implied in them.

(2) Subject to subsection (3), when an easement of a class specified in the regulations is registered, the grantee must be regarded as having the implied rights and powers (as specified for that class of instrument by the regulations).

(3) An instrument creating an easement may alter the rights and powers implied under subsection (1) by—

• (a) varying any implied rights and powers:

• (b) negativing any implied rights and powers:

• (c) providing additional rights and powers:

• (d) substituting rights and powers for any implied rights and powers.

(4) Subsection (3) does not apply to easements created under section 90B.

(5) The rights and powers that apply by virtue of this section become binding on the grantor and the grantee on the registration of the easement.

(6) The provisions of this section are in addition to, and not in derogation, of the provisions of sections 26(4), 27(3), and 28(3) of the Housing Act 1955.

(1) Despite any rule of law or equity to the contrary, an easement may be created under any of sections 90, 90A, or 90B, or varied under section 90C, even though the same person is the registered proprietor of both the dominant and servient tenements or is both the grantor and grantee.

(2) When easements are created under any of sections 90, 90A, or 90B,—

• (a) the registered proprietor of the servient tenement is the grantor:

• (b) the registered proprietor of the dominant tenement is the grantee:

• (c) in the case of Crown land, the registered proprietor is Her Majesty the Queen:

• (d) if the land is land of the Crown for which there is no certificate of title or computer register, the Registrar must constitute a separate folium of the register or computer register for the easement or easements.

(3) Consent is needed as follows:

• (a) the creation of an easement under any of sections 90, 90A, or 90B, or the variation of an easement under section 90C, needs consent by any mortgagee of the land that is to become the servient tenement:

• (b) the variation of an easement under section 90C needs consent by any mortgagee of the easement or dominant tenement:

• (c) the surrender of an easement under any of sections 90, 90A, or 90B needs consent by any mortgagee of the easement or dominant tenement.

(4) If a mortgagee gives a consent under subsection (3), the mortgagee and all persons who subsequently derive any interest from the mortgagee are bound by the easement or profit a prendre, variation, or surrender.

(5) Sections 90, 90A, 90B, 90C, and 90D, and subsections (1) to (4), apply as if—

• (a) easement includes a profit a prendre; and

• (b) rights and powers includes terms, covenants, and conditions.

(1) Any covenant that may be contained in an instrument to which section 307 of the Property Law Act 2007 applies—

• (a) may also be created in the same way as an easement may be created under section 90A or section 90B; but

• (b) subject to section 307 of the Property Law Act 2007, has effect only as a deed inter partes.

(2) Sections 90A to 90E apply with any necessary modifications to covenants created under subsection (1), subject to the following exceptions:

• (a) sections 90A(5) and 90B(6) operate only to create covenants with effect only as a deed inter partes:

• (b) sections 90A(6) and 90B(7) do not apply.

(3) Sections 4, 8(1) and (2)(c), 23(2), 275 to 279, 301 to 307, and 316 to 318 of the Property Law Act 2007 apply to covenants created under subsection (1).

(4) A notification under section 307 of the Property Law Act 2007 does not give a covenant created under subsection (1) any greater force than it would have had if created in some other way.

(5) Subsection (4) is for the avoidance of doubt.

If any memorandum of transfer purports to transfer the whole of the land described in a grant or certificate of title for all the estate and interest therein of any registered proprietor, it shall not be necessary for the Registrar to cancel that grant or certificate; but the memorial of the transfer endorsed on the grant or certificate shall be as good evidence that the transferee named in that memorial is seised of all the estate and interest in the said land of the person whose interest is expressed to be transferred, subject as in the grant or certificate mentioned or thereon endorsed, as if a certificate of title had been issued for the same in the name of the transferee,

If the transfer purports to transfer an estate of freehold in possession, not being a lease for a life or lives, in part of the land described in any grant or certificate, the transferor shall surrender that grant or certificate to the Registrar, and the endorsement thereon by the Registrar of a memorial of the transfer shall have the effect of cancelling the grant or certificate so far as relates to the land transferred.

The Registrar, upon cancelling any grant or certificate by endorsement as aforesaid, shall issue to the transferee a certificate of title to the land transferred, and shall retain the partially cancelled grant or certificate, and when required by any person entitled thereto shall issue to that person a certificate of title for the untransferred balance of the land, or for any portion thereof.

(1) When any certificate of title is partially cancelled by endorsement thereon of a memorial of transfer of a portion of the land, the Registrar may, at his discretion, allow the person entitled to the untransferred balance of the land to retain the certificate, and the same shall, as to the untransferred balance, remain in full force and effect; provided that the memorial shall clearly define what portion of the land has been transferred.

(2) In the case of a transfer of a road line to Her Majesty, the Registrar may mark the road line upon the plan on the certificate, or upon a new plan upon the certificate, and endorse a description of the road line upon the said certificate; and in any such case it shall not be necessary to issue a certificate for the road line, but the old certificate, or a new one, may be reissued with the road line marked thereon, with a memorandum that the transfer has been registered.

(1) The registered proprietor of land under this Act may create or execute any powers of appointment, or limit any estates, whether by remainder or in reversion or by way of executory limitation, and whether contingent or otherwise, and for that purpose may modify or alter any form of transfer hereby prescribed.

(2) In case of the limitation of successive interests as aforesaid the Registrar shall cancel the grant or certificate evidencing the title of the transferor, and shall issue a certificate in the name of the person entitled to the freehold estate in possession for such estate as he is entitled to, and the persons successively entitled in reversion or remainder or by way of executory limitation shall be entitled to be registered by virtue of the limitations in their favour in that instrument expressed, and each such person upon his estate becoming vested in possession shall be entitled to a certificate of title for the same.

(1) A registered mortgage or lease may be transferred by memorandum of transfer as aforesaid.

(2) Upon registration of any such memorandum of transfer the estate or interest of the transferor as set forth in the instrument, with all rights, powers, and privileges thereto belonging or appertaining, shall pass to the transferee.

(3) The transferee shall thereupon become subject to and liable for all and every the same requirements and liabilities to which he would have been subject and liable if named in the instrument originally as mortgagee or lessee of the land, estate, or interest; and by virtue of every such transfer as is hereinbefore mentioned the right to sue upon any memorandum of mortgage or other instrument, and to recover any debt, sum of money, annuity, or damages thereunder (notwithstanding that the same may be deemed or held to constitute a chose in action), and all interest in any such debt, sum of money, annuity, or damages shall be transferred so as to vest the same at law as well as in equity in the transferee thereof:

Provided that nothing in this section shall prevent a Court of competent jurisdiction from giving effect to any trusts affecting the said debt, sum of money, annuity, or damages in case the transferee holds the same as a trustee for any other person.

Whenever any order is made by any Court of competent jurisdiction vesting any estate or interest under this Act in any person, the Registrar, upon being served with a duplicate of the order, shall enter a memorandum thereof in the register and on the outstanding instrument of title, and until such an entry is made the said order shall have no effect in vesting or transferring the said estate or interest.

Where by any enactment any estate or interest under this Act is vested in any person, then, subject to the provisions of that enactment, the Registrar, on application made to him by that person and on the registration or deposit of such documents and plans as the Registrar may require, shall make such entries in the register and generally do all such things as may be necessary to give full effect to the provisions of the enactment:

Provided that where the enactment specifies the estate or interest vested by a description sufficient to identify it in the records of the Registrar, no such application shall be necessary.

(1) Regulations made under this Act may prescribe instruments under this Act that are available for adoption (with or without modification) by any other enactment that provides for the registration or noting of any thing under this Act.

(2) Neither this section nor any regulations made for the purposes of it affect the operation of any enactment that—

• (a) provides for the registration or noting of any thing under this Act; but

• (b) does not expressly adopt a form specified in regulations referred to in subsection (1).

A mortgage under this Act shall have effect as security, but shall not operate as a transfer of the estate or interest charged.

(1) A mortgage instrument or an encumbrance instrument is required for the purposes of charging any land or estate or interest under this Act or making any such land or estate or interest security for payment of any money.

(2) A mortgage instrument must contain the following information:

• (a) the land or estate or interest to be mortgaged, which must include a reference to the register in the prescribed manner; and

• (b) the person who is to take the mortgage; and

• (c) the nature of the debt secured by the mortgage; and

• (d) the covenants and conditions (if any); and

• (e) the stated priority limit under section 92 of the Property Law Act 2007 (if any).

(3) A mortgage instrument must be executed by the registered proprietor.

(4) An encumbrance instrument must contain the following information:

• (a) the land or estate or interest to be encumbered, which must include a reference to the register in the prescribed manner; and

• (b) the person for whose benefit the land or estate or interest is to be encumbered; and

• (c) the nature of the sum, annuity, or rentcharge secured; and

• (d) the events (if any) on which the sum, annuity, or rentcharge becomes or ceases to be payable; and

• (e) the covenants and conditions (if any).

(5) An encumbrance instrument must be executed by the encumbrancer.

(6) In this section, debt includes future indebtedness and interest.

(1) A mortgage variation instrument is required for the purpose of varying, in respect of any mortgage registered under this Act,—

• (a) the amount secured by the mortgage; or

• (b) the rate of interest; or

• (c) the term or currency of the mortgage; or

• (d) the covenants, conditions, and powers contained or implied in the mortgage.

(2) A mortgage variation instrument must contain the following information:

• (a) the mortgage, which must include a reference to the register in the prescribed manner; and

• (b) the nature of the variation.

(3) A mortgage variation instrument must be executed by—

• (a) the mortgagor, except where the variation only operates to reduce the amount secured or rate of interest; and

• (b) the mortgagee, except where the variation only operates to increase the amount secured or rate of interest.

(4) If the land is subject to another mortgage, the consent of the mortgagee under that mortgage must be obtained.

(1) Despite anything in section 37 or section 47, the priority between themselves of the mortgages affecting any land may, from time to time, be varied by a mortgage priority instrument.

(2) A mortgage priority instrument must contain the following information:

• (a) each mortgage that will be affected by the change in priority, which must include a reference to the register in the prescribed manner; and

• (b) the priority of the mortgages intended following registration.

(3) If any mortgage so postponed is subject to a submortgage, the mortgage priority instrument is not effective unless the submortgagee has consented.

(4) Upon the registration of the mortgage priority instrument, there is implied in every mortgage so postponed the covenants, conditions, and powers set out in Schedule 3, except as otherwise expressed in the priority instrument.

(5) Upon the registration of a mortgage priority instrument, the Registrar must notify it on the register.

(6) A mortgage priority instrument must be executed by—

• (a) the mortgagor; and

• (b) every mortgagee under every mortgage that, as a result of the mortgage priority instrument, will be ranked after any mortgage over which it previously had priority.

(7) For the purposes of this section, mortgage includes any lien, charge, or other registered security for the payment of money.

Upon the registration of any transfer executed by a mortgagee for the purpose of exercising a power of sale over any land, the estate or interest of the mortgagor therein expressed to be transferred shall pass to and vest in the purchaser, freed and discharged from all liability on account of the mortgage, or of any estate or interest except an estate or interest created by any instrument which has priority over the mortgage or which by reason of the consent of the mortgagee is binding on him.

(1) The mortgagee, or first mortgagee for the time being, of any estate or interest under this Act shall be entitled to the possession of the outstanding grant, certificate, or other instrument of title; or the same may by agreement be deposited with the Registrar for safe custody during the continuance of the security.

(2) This section does not apply if the land to which the estate or interest applies is electronic transactions land.

(1) A mortgage discharge instrument is required for the purpose of registering a discharge of any mortgage under this Act.

(2) A mortgage discharge instrument must contain the following information:

• (a) the land to be discharged from the mortgage, which must include a reference to the register in the prescribed manner; and

• (b) the mortgage to be discharged, which must include a reference to the register in the prescribed manner; and

• (c) the part of the principal sum, annuity, or other sum to be discharged if it is not to be fully discharged.

(3) A mortgage discharge instrument must be executed by the mortgagee.

(4) Upon the registration of a discharge instrument,—

• (a) the Registrar must record the discharge in the register and on the certificate of title for the land (if any); and

• (b) the land identified in the discharge instrument ceases to be subject to or liable for the debt or annuity secured by the mortgage.

(1) The High Court may make an order directing a registered mortgage to be discharged if, on an application for the purpose made to it by the registered proprietor of an estate or interest in land subject to the mortgage, it is satisfied—

• (a) that the granting of relief in respect of a claim by the mortgagee for payment of the money secured by the mortgage would be prevented by the raising and establishment of a limitation period or other limitation defence under the Limitation Act 2010 or any other enactment; and

• (b) that, but for section 64, the granting of relief to the mortgagee in respect of the mortgaged land would be likewise prevented.

(1A) Subsection (1) overrides section 64.

(1B) On production of a copy of the order, the Registrar must enter a memorandum of it in the register.

(1C) The registered mortgage must be treated as having been discharged when the memorandum of the order is entered in the register under subsection (1B).

(2) Before making any order under this section the Court may direct such notice to be given by public advertisement or otherwise as it thinks fit, and may direct any person to be served with notice of the proceedings.

(3) By the same or another order the Court may order any person in possession of an instrument of title to the mortgaged property to deliver the title to the registered proprietor on payment of such charges as the Court may, in its discretion, fix in the order.

Upon proof of the death of the annuitant, or of the occurrence of the event or circumstance upon which, in accordance with the provisions of any instrument executed for the purpose of securing an annuity or continuing payment, that annuity or payment shall cease to be payable, and, upon proof that all arrears thereof have been paid, satisfied, or discharged, the Registrar shall make an entry in the register of the satisfaction or discharge, and shall endorse the same on the outstanding duplicate of title, if produced to him for that purpose, and shall, if the same is surrendered to him, cancel the instrument creating the encumbrance.

(1) A mortgage subject to a submortgage shall not be discharged, nor shall the terms thereof be varied, nor shall the power of sale contained or implied therein be exercised, without the consent in writing of the submortgagee.

(2) The consent of the submortgagee to the variation of the terms of a mortgage shall render the instrument making the variation binding on him and on all persons who may subsequently derive from him any interest in the mortgage.

(1) A lease instrument is required for the purposes of registering under this Act the lease or demise of any land.

(2) A lease instrument must contain the following information:

• (a) the land or estate or interest to be leased, which must include a reference to the register in the prescribed manner; and

• (b) the person who is to acquire the interest as lessee; and

• (c) the term of the lease; and

• (d) the rent payable; and

• (e) the terms and conditions that are to apply to the lease.

(3) A lease instrument must be executed by—

• (a) the registered proprietor; and

• (b) the lessee.

(4) If the land or estate or interest to be leased is subject to a mortgage, the consent of the mortgagee must be obtained.

(5) [Repealed]

(1) A lease variation instrument is required for the purpose of varying, in respect of any lease registered under this Act,—

• (a) the term of the lease by way of extension; or

• (b) the covenants, conditions, and restrictions contained in the lease.

(2) A lease variation instrument extending the term of a lease must be registered before the expiry of the then current term of the lease.

(3) A lease variation instrument must contain the following information:

• (a) the lease to be varied, which must include a reference to the register in the prescribed manner; and

• (b) the nature of the variation.

(4) A lease variation instrument extending the term of a lease has the same effect as if it were a lease instrument for the extended term subject to the same covenants, conditions, and restrictions, with any necessary modifications, as are contained or implied in the lease.

(5) Upon the registration of the lease variation instrument, the estate of the lessee under the instrument is deemed to be subject to all encumbrances, liens, and interests to which the lease is subject at the time of the registration. For the purposes of this subsection, all references in any Act or in any agreement, deed, instrument, notice, or other document to the lease or to the estate of the lessee under the instrument must, unless inconsistent with the context or with the provisions of this section, be read as references to the lease as varied by the lease variation instrument or to the estate of the lessee under the instrument, as the case may be.

(6) A lease variation instrument must be executed by the lessor and lessee.

(7) If the land subject to the lease is subject to a mortgage, the consent of the mortgagee must be obtained.

(1) Where upon the registration of a lease—

• (a) The Registrar is satisfied that—

  • (i) It is in renewal of or in substitution for a lease previously registered; and

  • (ii) The lessee is the person registered as the proprietor of the prior lease at the time of the registration of the new lease or at the time of the expiry or surrender of the prior lease, whichever is the earlier, or the personal representative of that person; and

• (b) The lessee or the registered proprietor of any encumbrance or lien or interest to which the prior lease was subject at the time of its expiry or surrender or the personal representative of the registered proprietor so requests,—

the Registrar shall state in the memorial of the new lease that it is in renewal of the prior lease or in substitution for the prior lease, as the case may be.

(2) In every such case the new lease shall be deemed to be subject to all encumbrances, liens, and interests to which the prior lease is subject at the time of the registration of the new lease or at the time of the expiry or surrender of the prior lease, whichever is the earlier.

(3) For the purposes of the foregoing provisions of this section, all references in any Act or in any agreement, deed, instrument, notice, or other document whatsoever to the prior lease or to the estate of the lessee thereunder shall, unless inconsistent with the context or with the provisions of this section, be deemed to be references to the new lease or to the estate of the lessee thereunder, as the case may be.

(4) Upon the registration of a new lease in any case to which subsection (1) of this section applies, the Registrar shall record on the new lease all encumbrances, liens, and interests to which it is deemed to be subject as aforesaid in the order of their registered priority.

(5) The provisions of this section are in addition to and not in derogation of the provisions of section 114 of the Land Act 1948, section 25 of the Rural Banking and Finance Act 1974 and section 26 of the Housing Corporation Act 1974, and any other enactment.

A right for or covenant by the lessee to purchase the land may be stipulated in a memorandum of lease; and in case the lessee pays the purchase money, and otherwise observes his covenants expressed and implied in the instrument, the lessor shall be bound to execute a memorandum of transfer, and to perform all other necessary acts for the purpose of transferring to the lessee the said lands and the fee simple thereof.

(1) Where the registered lessee under a lease of any land (not being a lease under the Land Act 1948 or any former Land Act) acquires the fee simple estate in that land, the Registrar, upon the registration of the memorandum of transfer of the fee simple estate to that lessee or his personal representative, and upon the request so to do by the transferee endorsed on or attached to the memorandum of transfer at the time of its registration, shall record on the title to the fee simple estate, in the order among themselves of their registered priority, all the registered encumbrances, liens, and interests to which the lease was subject at the time of registration of that memorandum of transfer or at the time of expiry of the term of the lease, whichever is the earlier; and thereupon the fee simple estate shall be subject to those encumbrances, liens and interests.

(2) Notwithstanding anything in section 37 hereof, any registered encumbrances, liens, and interests to which the fee simple estate is subject at the time of registration of the transfer shall have priority over those to which the estate is subject under subsection (1) of this section.

(3) Where the Registrar considers it expedient so to do, he may make such entries on his register and on the duplicate certificate of title as he considers necessary to evidence any such priorities.

(4) Encumbrances, liens, and interests recorded on the title to the fee simple estate in any land pursuant to subsection (1) of this section shall, when so recorded, no longer have effect to prevent the merger of the leasehold estate in the fee simple estate in respect of that land.

No lease of mortgaged or encumbered land shall be binding upon the mortgagee except so far as the mortgagee has consented thereto.

(1) A lease surrender instrument is required for the purpose of surrendering any lease registered under this Act.

(2) A lease surrender instrument must state the lease to be surrendered, which statement must include a reference to the register in the prescribed manner.

(3) A lease surrender instrument must be executed by the lessor and the lessee.

(4) Upon the registration of a lease surrender instrument,—

• (a) the Registrar must record the surrender in the register and on the certificate of title for the land (if any); and

• (b) the estate and interest of the lessee vests in the person entitled to the reversion.

(5) A lease subject to mortgage or underlease must not be surrendered without the consent of the mortgagee or sublessee.

(1) In case of re-entry and recovery of possession of any leasehold premises, either by process of law or by exercise of any power of re-entry in the lease contained or implied, the Registrar shall, upon proof to his satisfaction of the re-entry, and of actual recovery of possession, notify the re-entry upon the register, and upon the outstanding instrument of title, if produced to him for that purpose:

Provided that, unless the re-entry and recovery of possession have been by formal process of law, the Registrar shall require notice of application to register the same to be served on all persons interested under the lease, or, failing such notice, shall give at least the prescribed period of notice of the application by publication in the Gazette and in some newspaper published in the locality before making any entry upon the register.

(2) The estate of the lessee, and of every person claiming through or under him, shall thereupon cease and determine, but without releasing him or them from liability in respect of the breach or non-observance of any covenant or condition in the lease contained or implied.

(1) In this Part of this Act, unless the context otherwise requires,—

(2) A reference in this Part of this Act to a shareholder of a company is, in the case of a company within the meaning of section 2 of the Companies Act 1955, a reference to a member of the company.

(3) A reference in this section to a right to occupy or use a specified office or residential flat includes a reference to any rights conferred by the constitution of the company or the licence to use any garage, outbuilding or other structure, or any passages, stairways, or other appurtenances, services or conveniences of the building of which the flat or office forms part, or the land appurtenant to that building.

(1) Every flat or office owning company must issue to every shareholder in the company a share certificate that complies,—

• (a) In the case of a company within the meaning of section 2 of the Companies Act 1955, with the requirements of paragraphs (a), (b), and (c) of subsection (1) of section 90 of that Act:

• (b) In the case of a company within the meaning of section 2 of the Companies Act 1993, with the requirements of paragraphs (a), (b), and (c) of subsection (1) of section 95 of that Act.

(2) Where a company acts in contravention of or fails to comply with subsection (1) of this section,—

• (a) The company commits an offence and is liable on summary conviction to a fine not exceeding $5,000:

• (b) Every director of the company commits an offence, and is liable on summary conviction to a fine not exceeding $5,000, unless the director shows that—

  • (i) The company took all reasonable and proper steps to ensure that the requirements of that subsection would be complied with; or

  • (ii) He or she took all reasonable steps to ensure that the company complied with the requirements of that subsection; or

  • (iii) In the circumstances he or she could not reasonably have been expected to take steps to ensure that the company complied with the requirements of that subsection.

(1) Subject to this Part of this Act, a licence may be registered by constituting it a folium of the register and, for that purpose, the provisions of this Act apply with any necessary modifications. The same registration fee is payable as on a memorandum of lease.

(2) Subject to this Part of this Act or the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002, all the provisions of this Act which relate to leases, as far as they are applicable and with the necessary modifications, apply with respect to a licence registered under this section as if it were a lease.

(3) Where a licence is presented for registration, and the Registrar is satisfied that, for the purposes of section 36 of this Act, no duplicate of the licence is in existence or can reasonably be obtained, the Registrar may accept a copy of the licence as a duplicate if satisfied that the copy is duly authenticated as a true copy. Every such authenticated copy shall, for the purposes of Part 3 of this Act, be treated as a duplicate of the licence, and shall be the copy to be constituted a folium of the register pursuant to this section.

Without limiting the powers conferred on the Registrar by section 167 of this Act, where application is made to the Registrar for registration of a licence, the Registrar may require the applicant to deposit in the Land Registry Office of the district, or cause to be endorsed on or attached to the licence, a plan, authenticated as required by the Registrar, sufficient to identify—

• (a) The flat or office comprised in the licence in relation to the land in the certificate of title and to the building of which the flat or office forms part, and, if the Registrar thinks fit, in relation to other flats or offices; and

• (b) Every garage, outbuilding, other structure, passageway, stairway, or other appurtenance or convenience of the building of which the office or flat forms part in respect of which the licensee has a right of use, and also any land of which the licensee has a right of use and which is appurtenant to that building.

(1) An instrument which could be registered against a registered lease of land may be registered against a licence that is registered under this Act in the same manner as an instrument may be registered against a lease of land.

(2) Nothing in subsection (1) of this section makes it necessary to record the instrument against the register constituted by any relative instrument of title in the name of the company or in the name of any person through or under whom the company obtained its instrument of title.

(1) Subject to this Part of this Act, registration of a licence does not give the licence any greater operation or effect than it would have without registration, but otherwise every registered licence is an interest within the meaning of section 62 of this Act suitably modified.

(2) Every entry made on a registered licence, if purporting to be duly made and signed, shall be received in all Courts of law and equity as evidence of the particulars contained in it, and, as against the person named in the original licence and all persons claiming through, under, or in trust for that person, is conclusive evidence that the person named in that entry is seised or possessed of the estate or interest of which the person so named is expressed to be the registered proprietor.

(1) On the registration of a mortgage of a registered licence, every share certificate issued by the company in respect of the shares to which the licence relates must be produced to the Registrar who must make an entry on it that the licence is subject to the mortgage.

(2) On the registration of a discharge of the mortgage, the Registrar must, when the share certificate is produced to the Registrar for that purpose, cancel that entry.

(3) The Registrar must notify the company in writing of the registration of a mortgage of a licence which notice must contain particulars of the mortgage and the name, occupation, and address of the mortgagee.

(4) The Registrar must notify the company in writing of the registration of a discharge of a mortgage of a licence.

(5) On receiving a notice under subsection (3) or subsection (4) of this section, the company must—

• (a) Record the particulars of the mortgage or of the discharge, as the case may be, on any office copy of the share certificate and of the licence held by the company; and

• (b) Record in its share register, against the entry relating to the licence, the fact that the licence has been mortgaged, together with the registered number of the mortgage, or, as the case may be, that the mortgage has been discharged.

(6) A company that issues a new share certificate to replace a certificate that has been lost or defaced and on which particulars of a mortgage of a licence had been recorded must record those particulars on the new certificate.

(7) Where a company acts in contravention of or fails to comply with subsection (5) or subsection (6) of this section,—

• (a) The company commits an offence and is liable on summary conviction to a fine not exceeding $5,000:

• (b) Every director of the company commits an offence, and is liable on summary conviction to a fine not exceeding $5,000, unless the director shows that—

  • (i) The director did not know of and could not reasonably have been expected to know of the contravention or failure to comply; or

  • (ii) The director took all reasonable steps to ensure that the applicable requirements would be complied with.

The mortgagee, or, if there is more than one mortgage, the first mortgagee for the time being, of any registered licence is entitled—

• (a) To possession of the licensee's copy of the licence and of the share certificate issued in respect of the shares to which the licence relates; and

• (b) In the case of a registered mortgage, to receive notice of any meeting of the company in respect of which the licensee is entitled to notice; and

• (c) To attend at meetings of the company as proxy of the licensee, and, if present, to vote at those meetings instead of the licensee.

(1) The licensee under a licence that is subject to a registered mortgage must not sell or otherwise dispose of the licence or the shares to which the licence relates, or any of them, without the consent in writing of the mortgagee of the licence.

(2) The consent of the mortgagee to the sale or other disposition of the licence or of any of the shares to which the licence relates, is not required under subsection (1) of this section in any case where—

• (a) The mortgage provides that no such consent is necessary; or

• (b) The person acquiring the interest of the licensee continues to hold that interest under the existing licence subject to the mortgage; or

• (c) The company cancels, revokes, rescinds, or accepts a surrender of the existing licence and issues, in its place, a new licence in the name of the person acquiring the interest of the licensee and that person requests the Registrar, in writing, to record the mortgage against the new licence under section 121L of this Act.

(3) The company and the directors of the company must not register a transfer or other disposition of the shares to which a licence that is subject to a registered mortgage relates or any of them, unless and until—

• (a) Any consent of the mortgagee required by this section has been endorsed on or attached to the instrument of transfer or other disposition; or

• (b) The request referred to in paragraph (c) of subsection (2) of this section has been deposited with the company for delivery to the Registrar pursuant to paragraph (c) of subsection (2) of section 121K of this Act.

(4) No transfer or other disposition of a licence or of the shares to which the licence relates or any of them and no new licence issued in the place of a licence that has been cancelled, revoked, rescinded, or surrendered have any force or effect unless the applicable requirements of this section are complied with.

Except with the consent of the mortgagee or, in any case to which section 121I of this Act applies, after compliance with the applicable provisions of that section, the company shall not cancel, revoke, rescind, accept the surrender of, or issue a new licence in place of a licence that is subject to a registered mortgage or forfeit the shares to which the licence relates or any of them, unless—

• (a) Notice in writing is given by the company to the mortgagee specifying the matters required to be remedied in order to avoid the cancellation, revocation, rescission, acceptance of surrender, forfeiture, or issue of a new licence, and allowing a reasonable time, which must be specified in the notice, for those matters to be remedied; and

• (b) Those matters have not been remedied within the time specified in the notice.

(1) Where the company cancels, revokes, rescinds, or accepts the surrender of a registered licence, the company must,—

• (a) If the company is able to obtain production of the licensee's copy of the licence for the purpose, endorse on it or attach to it a memorandum executed by the company of the cancellation, revocation, rescission, or acceptance of the surrender and forward it to the Registrar, together, in the case of a surrender, with the instrument of surrender duly executed by the company and by the licensee:

• (b) If the company is unable to obtain production of the licensee's copy of the licence for that purpose, notify the Registrar, by notice in writing executed by the company, of the cancellation, revocation, rescission, or acceptance of the surrender and of the grounds for it, together, in the case of a surrender, with the instrument of surrender duly executed by the company and by the licensee.

(2) If the licence is subject to a registered mortgage, the company must also forward to the Registrar together with the licence or notice, as the case may be, forwarded under subsection (1) of this section—

• (a) A copy of the mortgagee's consent certified as a true copy by the company; or

• (b) A certificate executed by the company that the notice required by section 121J of this Act to be given to the mortgagee has been duly given and that the matters specified in the notice have not been remedied within the time specified; or

• (c) The request deposited with the company pursuant to paragraph (c) of subsection (2) of section 121I of this Act.

(3) On receipt of the licence or notice forwarded in accordance with paragraph (a) or paragraph (b) of subsection (1) of this section and, where necessary, on compliance by the company with subsection (2) of this section, the Registrar must, without fee, register the cancellation or revocation or rescission or surrender of the licence.

(4) No cancellation, revocation, rescission, or surrender to which this section applies has any force or effect until it has been registered under subsection (3) of this section.

(5) Where a company contravenes or fails to comply with subsection (1) or subsection (2) of this section,—

• (a) The company commits an offence and is liable on summary conviction to a fine not exceeding $5,000:

• (b) Every director of the company commits an offence, and is liable on summary conviction to a fine not exceeding $5,000, unless the director shows that—

  • (i) The company took all reasonable and proper steps to ensure that the requirements of the relevant subsection would be complied with; or

  • (ii) He or she took all reasonable steps to ensure that the company complied with the requirements of the relevant subsection; or

  • (iii) In the circumstances he or she could not reasonably have been expected to take steps to ensure that the company complied with the requirements of the relevant subsection.

(1) Where—

• (a) A licence is subject to a registered mortgage; and

• (b) The licensee transfers or otherwise disposes of the shares to which the licence relates; and

• (c) The company, in consequence of the transfer or disposition, cancels or revokes or rescinds or accepts a surrender of the licence and issues a new licence for the same flat or office to the person acquiring those shares,—

the licensee under the new licence may, on applying for registration of the new licence or for the registration of the cancellation, revocation, rescission, or surrender of the former licence, request the Registrar, in writing, to record against the new licence the mortgage registered against the former licence or, if there are more mortgages than one, such of them as the licensee specifies.

(2) On the registration of the new licence, the Registrar must record against it the mortgage or mortgages specified in the request in the order of their registered priority, and in that event—

• (a) The new licence shall be deemed to be subject to the mortgage or mortgages; and

• (b) subpart 8 of Part 3 of the Property Law Act 2007 applies as if the licensee had acquired the licence by conveyance or transfer subject to the mortgage or mortgages recorded against it.

(3) References in any mortgage or mortgages recorded against a new licence pursuant to this section to the licence or to the estate or interest of the licensee under it shall be deemed to be references to the new licence or, as the case may be, to the estate or interest of the licensee under it.

(1) The Registrar must not register a memorandum of transfer of a registered licence unless the Registrar is satisfied that an instrument disposing of the shares to which the licence relates to the person acquiring the licence under the memorandum of transfer has been registered by the company or its directors.

(2) The Registrar must not register a licence issued by a company in the place of any other registered licence, unless that other licence has been cancelled, revoked, rescinded, or surrendered, and the cancellation, revocation, rescission or surrender has been registered under subsection (3) of section 121K of this Act.

(1) In the event that a registered licence that is subject to a registered mortgage is transferred to the mortgagee or to any other person in the exercise of a power of sale contained or implied in the mortgage, the mortgagee is entitled to execute a transfer to itself or, as the case may be, to that other person of the shares to which the licence relates as if the mortgagee had been appointed the attorney of the licensee for that purpose by an irrevocable power of attorney.

(2) Subject to any provision in its constitution requiring the approval of the directors of the company or of the company to the transfer, the company must register a transfer of shares executed pursuant to subsection (1) of this section and in the proper form on presentation of the transfer to it.

(3) Notwithstanding anything contained in the constitution of the company, the approval of the directors of the company or of the company to the transfer of the shares must not be unreasonably withheld.

A mortgage that—

• (a) Is registered against land owned by a flat or office owning company and that secures an amount not exceeding the amount secured by a mortgage of the land that has been discharged immediately before the registration of that mortgage, whether or not the amount is secured to the same mortgagee; and

• (b) Contains a statement to the effect that it is in replacement of the discharged mortgage and that the money advanced was used for the purpose of repaying the money previously secured by the discharged mortgage,—

has the same priority in relation to registered licences affecting the land or any part of it as the discharged mortgage had immediately before it was discharged.

(1) A notice that is required by this Part of this Act to be delivered or sent to any person, other than a company, may be—

• (a) Delivered by hand to that person; or

• (b) Posted or delivered to that person at the last known address of that person or delivered to a box at a document exchange which that person is then using; or

• (c) Sent by telex, facsimile machine, or other similar means of communication to the number of that person.

(2) For the purposes of subsection (1) of this section,—

• (a) A document which is posted or delivered to a document exchange, is deemed to be received 7 days (or such shorter period as the Court may determine in any particular case) after it is so posted or delivered; and

• (b) A document sent by telex, facsimile machine, or other similar means of communication is deemed to be received on the day following the day on which it was sent.

(3) In proving, for the purposes of subsection (1) of this section, the sending of a document to any person by post or delivery to a document exchange, it is sufficient to prove that—

• (a) The document was properly addressed to that person; and

• (b) All postal or delivery charges were paid; and

• (c) The document was posted or delivered to the document exchange.

(4) In proving, for the purposes of subsection (1) of this section, the sending of a document to any person by telex, facsimile machine, or other similar means of communication, it is sufficient, in the absence of evidence to the contrary, to prove that—

• (a) The document was properly addressed to that person; and

• (b) The document was sent by telex, facsimile machine, or other means of communication.

(5) The provisions of sections 388 and 392 of the Companies Act 1993 apply in relation to a notice that is required by this Part of this Act to be given to a company.

(1) Any person claiming to be entitled to any estate or interest under this Act by virtue of any transmission may make application in writing to the Registrar to have that transmission registered.

(2) Every such application shall accurately define the estate or interest claimed by the applicant, and shall state, so far as is within the knowledge of the applicant, the nature of every estate or interest held by any other person at law or in equity affecting the same, and that he verily believes himself to be entitled to the estate or interest in respect of which he applies to be registered as proprietor; and the statements in the application shall be verified by the oath or statutory declaration of the applicant.

(1) If on any such application and upon the evidence adduced in support thereof it appears to the Registrar that the applicant is entitled to the estate or interest claimed, the Registrar shall register the applicant as proprietor thereof.

(2) The person so registered as proprietor shall hold the estate or interest transmitted subject to all equities affecting the same, but for the purpose of any dealing therewith shall be deemed to be the absolute proprietor thereof.

(1) Upon the bankruptcy of the registered proprietor of any lease subject to mortgage under this Act, the Registrar, upon the application in writing of the mortgagee, accompanied by a statement in writing signed by the Official Assignee of the bankrupt's estate, certifying his refusal to accept the lease, shall enter in the register the particulars of the refusal.

(2) Every such entry shall operate as a transfer on sale, and the interest of the bankrupt in the lease shall thereupon vest in the mortgagee.

If the mortgagee neglects or declines to make such application as aforesaid, the Registrar, upon application by the lessor, and proof of that neglect or refusal and of the matters aforesaid, shall enter in the register notice of the refusal of the Official Assignee to accept the lease, and any such entry shall operate as a surrender of the lease.

(1) Except as provided in section 129 of this Act in relation to public reserves and other public lands, no entry shall be made in the register of any notice of trusts, and no such entry, if made, shall have any effect. For the purposes of this subsection a provision in any instrument to the effect that a person executing the instrument assumes liability only to the extent of any estate or interest of which he is a trustee shall not be deemed to be a notice of trust.

(2) Trusts affecting land under this Act may be declared by any deed or instrument; and that deed or instrument, or a duplicate or attested copy thereof, may be deposited with the Registrar for safe custody and reference, but shall not be registered.

(1) The grantee or other person or body corporate in whom or in which any land under this Act now is or hereafter becomes vested as a public reserve shall hold that land subject to the trusts expressed or declared of and concerning the same in the Crown grant, or warrant in lieu of grant, or a certificate having the effect of a warrant issued under section 12 of the Act, or in any certificate of title following the terms of that grant, warrant, or certificate.

(2) If, after the registration of the Crown grant or the issue of any certificate of title, any trust is legally declared under the authority of any Act of the Parliament of New Zealand of and concerning any such public reserve, either as an original trust or by way of substitution, or if any trust previously declared is by the like authority legally revoked or altered, the Director-General of Conservation shall notify to the Registrar the particulars of the trust or of the alteration, revocation, or substitution, as the case may be.

(3) The Registrar shall thereupon enter a notification thereof in the register, and the new or altered trust or revocation, as the case may be, shall take effect, as to the land against which the entry is made, as from the date of the entry.

(4) Where, by any Act of the Parliament of New Zealand, it is declared that land other than public reserves may be vested in any person or body corporate for any special purpose, or by virtue of any office, it shall be lawful to grant or transfer land under this Act to that person or body corporate to be held accordingly; and a reference to the first-mentioned Act in the memorial of transfer or any certificate of title issued thereupon shall be notice of the capacity in which the land is held, and of all trusts expressly affecting the land by virtue thereof.

(5) The disclosure of any trust under the provisions aforesaid shall have the effect of a perpetual caveat to restrain any dealing with the lands affected, so far as the dealing is manifestly inconsistent with that trust.

Upon the transfer of any land, estate, or interest under this Act to 2 or more persons as joint proprietors, the transferor may insert in the memorandum of transfer or other instrument the words “No survivorship”, and the Registrar shall note the same in the register, and also enter the said words upon any certificate of title issued pursuant to that transfer.

Any persons registered as joint proprietors of any land, estate, or interest under this Act may, by writing under their hands, authorise the Registrar to enter the words “No survivorship” upon the grant, certificate of title, or other instrument evidencing their title to that estate or interest, and also upon the duplicate of that instrument.

After any such entry has been made and signed by the Registrar in either case as aforesaid it shall not be lawful for any less number of joint proprietors than the number then registered to transfer or otherwise deal with the land, estate, or interest without obtaining the sanction of the High Court.

(1) Before making an order giving any such sanction, the Court shall, if it seems requisite, cause notice of intention so to do to be advertised in the Gazette and in at least one newspaper published in the locality in which the land is, and shall appoint a time within which any person interested may show cause why such an order should not be issued.

(2) Thereupon the Court in such an order may give directions for the transfer of the land, estate, or interest to any new proprietor or proprietors, solely or jointly, with or in the place of any existing proprietor or proprietors, and may order the removal of the words “No survivorship” from the grant, certificate of title, or other instrument evidencing the title of the registered proprietors or may make such order in the premises as the Court thinks just for the protection of the persons beneficially interested in the land, estate, or interest, or in the proceeds thereof.

(3) Upon deposit of a duplicate of the order with the Registrar he shall make such entries and perform such acts as may be necessary for the purpose of giving effect to the order.

(1) Whenever a person entitled to or interested in land as a trustee would be entitled to bring or defend any action in his own name for recovering the possession of land under this Act, that person shall be bound to allow his name to be used as a plaintiff or defendant in any such action by any beneficiary or person claiming an estate or interest in the land.

(2) In every such case the person entitled or interested as such trustee as aforesaid shall be entitled to be indemnified in like manner as a trustee would before the commencement of the Land Transfer Act 1885 have been entitled to be indemnified in a similar case of his name being used in any such action or proceeding by his cestui que trust.

(1) A person who has or claims to have an interest in any land that is the subject of an application seeking to bring the land under this Act may, within the prescribed period set out in a public notice given by the Registrar, lodge with the Registrar a caveat in the prescribed form against bringing the land under this Act.

(2) A caveat under this section must contain the following information:

• (a) the name of the caveator; and

• (b) the nature of the land or estate or interest claimed and the ground on which the claim is founded; and

• (c) the land subject to the claim; and

• (d) the date the public notice required by subsection (1) was given; and

• (e) an address for service for the caveator; and

• (f) any other information or evidence that may be required by regulations made under this Act.

(3) Caveats under this section must be executed by the caveator or the caveator's attorney or agent.

(1) Any person may lodge with the Registrar a caveat in the prescribed form against dealings in any land or estate or interest under this Act if the person—

• (a) claims to be entitled to, or to be beneficially interested in, the land or estate or interest by virtue of any unregistered agreement or other instrument or transmission, or of any trust expressed or implied, or otherwise; or

• (b) is transferring the land or estate or interest to any other person to be held in trust.

(2) A caveat under this section must contain the following information:

• (a) the name of the caveator; and

• (b) the nature of the land or estate or interest claimed by the caveator, which must be stated with sufficient certainty; and

• (c) how the land or estate or interest claimed is derived from the registered proprietor; and

• (d) whether or not it is intended to forbid the making of all entries that would be prevented by section 141 or a specified subset of them; and

• (e) the land subject to the claim, which must be stated with sufficient certainty; and

• (f) an address for service for the caveator.

(3) Caveats under this section must be executed by the caveator or the caveator's attorney or agent.

(4) Caveats under this section must be entered on the register as of the day and hour of their receipt by the Registrar.

So long as a caveat under section 136 remains in force the Registrar shall not proceed with the bringing under this Act of the land affected thereby, nor shall it be lawful for the person making the application to withdraw the same except with the consent of the caveator or by leave of the High Court.

(1) Subject to the succeeding provisions of this section, so long as a caveat under section 137 remains in force, the Registrar shall not make any entry on the register having the effect of charging or transferring or otherwise affecting the estate or interest protected by the caveat.

(2) Subsection (1) of this section shall not prevent the Registrar from making any entry necessary to complete the registration of an instrument that has been accepted for registration before the receipt of the caveat.

(3) Except in the case of a caveat lodged by the Registrar in exercise of the powers by this Act given to him in that behalf, subsection (1) of this section shall not prevent the Registrar from making any entry necessary to effect the registration of a transfer of any estate or interest in land where—

• (a) The transfer is expressed to be made in pursuance of either—

  • (i) A power of sale conferred on the transferor by virtue of a registered mortgage of that estate or interest; or

  • (ii) The power conferred on the Registrar of the High Court by section 196 of the Property Law Act 2007 in respect of a registered mortgage of that estate or interest—

  (in either case hereafter in this subsection referred to as the empowering mortgage); and

• (b) The caveat was lodged after the registration of the empowering mortgage; and

• (c) The estate or interest claimed by the caveator arises under an unregistered mortgage or an agreement to mortgage, dated later than the date of registration of the empowering mortgage and relating to the same estate or interest to which the empowering mortgage relates; and

• (d) [Repealed]

(4) In any case to which subsection (3) of this section applies, the caveat shall, upon the registration of the transfer, be deemed to have lapsed and the estate or interest of the mortgagor therein expressed to be transferred shall pass to and vest in the purchaser freed and discharged of the estate or interest claimed by the caveator; and the Registrar may make on the register any entry necessary to show that the caveat has lapsed.

(5) Without limiting subsection (3), a caveat under section 137 does not prevent the Registrar making an entry to give effect to—

• (a) a transmission to an executor, administrator, or trustee in respect of the estate or interest of a deceased registered proprietor; or

• (b) a transmission to the Official Assignee on bankruptcy of a registered proprietor; or

• (c) dealings having the effect of discharging or extinguishing secondary interests if the caveat affects the fee simple (such as a discharge of a mortgage or surrender of a lease); or

• (d) a change in, or a correction to, the name of a proprietor where the ownership remains the same; or

• (e) a transfer consequent on a rating sale under the Rating Powers Act 1988; or

• (f) dealings with secondary interests if the caveat affects the fee simple (such as the transfer of a mortgage); or

• (g) appurtenant easements; or

• (h) an application for an amalgamated certificate of title or separate certificates of title if there is more than 1 registered proprietor for land or for an estate or interest in land; or

• (i) further caveats, statutory land charges, or charging orders; or

• (j) a vesting or dealing effected by an enactment or court order that expressly or by implication requires or permits a recording to be made in the register despite the presence of the caveat.

Upon the receipt of any caveat, the Registrar must give notice,—

• (a) in the case of a caveat under section 136, to the person against whose application to bring land under this Act the caveat has been lodged; or

• (b) in the case of a caveat under section 137, to the registered proprietor against whose title to deal with land under this Act the caveat has been lodged.

(1) Any such applicant or registered proprietor, or any other person having any registered estate or interest in the estate or interest protected by the caveat, may, if he thinks fit, apply to the High Court for an order that the caveat be removed.

(2) The Court, upon proof that notice of the application has been served on the caveator or the person on whose behalf the caveat has been lodged, may make such order in the premises, either ex parte or otherwise, as to the Court seems meet.

After the expiration of 3 months from the receipt thereof every caveat under section 136 shall be deemed to have lapsed, unless the person by whom or on whose behalf the caveat was lodged has within that time taken proceedings in some Court of competent jurisdiction to establish his title to the estate, interest, lien, or charge therein specified, and has given written notice thereof to the Registrar, or has obtained from the High Court an order or injunction restraining the Registrar from bringing the land therein referred to under this Act.

(1) Every caveat under section 137, upon the expiration of the first prescribed period after notice is given to the caveator that an application has been made for the registration of any instrument affecting the land, estate, or interest protected by the caveat, is deemed to have lapsed as to that land, estate, or interest, or so much of it as is referred to in the notice, unless—

• (a) notice is, within the first prescribed period, given to the Registrar that an application for an order to the contrary has been made to the High Court; and

• (b) such an order is made and served on the Registrar within the second prescribed period.

(2) The provisions of subsection (1) do not apply in the case of a caveat lodged by the Registrar in the exercise of any of the powers conferred on the Registrar by this Act.

(3) In this section, first prescribed period and second prescribed period are periods prescribed for the purposes of this section by regulations made under this Act.

(1) The registered proprietor of any estate or interest in the land protected by a caveat against dealings (other than a caveat lodged by the Registrar) may apply to the Registrar for the caveat to lapse.

(2) The Registrar must give the caveator notice of an application under subsection (1).

(3) The caveat lapses with the close of the prescribed period after the date on which the notice under subsection (2) is given unless—

• (a) the caveator has earlier given to the Registrar notice that an application for an order to the contrary has been made to the High Court; and

• (b) an order to that effect has been made and served on the Registrar within the prescribed period after the date on which the notice under paragraph (a) is given to the registrar.

(1) Any person lodging any caveat without reasonable cause is liable to make to any person who may have sustained damage thereby such compensation as may be just.

(2) Such compensation as aforesaid shall be recoverable in an action at law by the person who has sustained damage from the person who lodged the caveat.

Any caveat may be withdrawn by the caveator or by his attorney or agent under a written authority, and either as to the whole or any part of the land affected, or the consent of the caveator may be given for the registration of any particular dealing expressed to be made subject to the rights of the caveator:

Provided that where a registrable instrument purporting to give effect to the estate or interest of the caveator is presented to the Registrar for registration immediately following a withdrawal of a caveat previously lodged to protect that estate or interest, the authority of any agent executing the withdrawal on behalf of the caveator need not be in writing.

If an electronic instrument is registered with the consent of the caveator, the dealing must be regarded as having been made subject to the rights of the caveator for the purposes of section 147.

(1) If a caveat has been removed under section 143 or has lapsed, no second caveat may be lodged by or on behalf of the same person in respect of the same interest except by order of the High Court.

(2) For the purposes of verifying that a caveat does not contravene the prohibition in subsection (1), the Registrar is not obliged to inquire further than the current folium of the register or computer register for the land.

Except to the extent of ensuring that a caveat lodged under any provision of this Act complies on its face with the requirements of this Act and with the requirements of any regulations made for the purposes of this Act, the Registrar is not required to be satisfied that the caveator is in fact or at law entitled to the estate or interest claimed in the caveat.

If a caveat does not comply with the requirements of this Act, the Registrar may deal with it under section 43 as if it were an instrument not in order for registration.

The bringing of land under this Act shall not invalidate any power of attorney previously executed, but that land may thereafter be dealt with under the power subject to the provisions hereof.

The registered proprietor of land under this Act, or any person claiming any estate or interest under this Act, may by power of attorney in any usual form, and either in general terms or specially, authorise and appoint any person on his behalf to execute transfers or other dealings therewith, or to make any application to the Registrar or to any Court or Judge in relation thereto.

Every power of attorney intended to be used under this Act, or a duplicate or attested copy thereof, verified to the satisfaction of the Registrar, shall be deposited with the Registrar in manner provided by regulations under this Act, but for the purposes of this Act it shall not be necessary to register any power of attorney.

(1) The grantor of any revocable power of attorney that has been deposited with the Registrar may, by notice to the Registrar, revoke the power of attorney in whole or in part.

(2) No power of attorney shall be deemed to have been revoked by reason only of a subsequent power of attorney being deposited without express notice as aforesaid, nor shall any such revocation take effect as to instruments executed prior to the reception of the notice by the Registrar.

(3) No power of attorney shall be deemed to have been or to be revoked by the bankruptcy of the grantee or by the marriage of a female grantee.

No power of attorney made or used under this Act or any former Land Transfer Act shall be invalidated by reason of the power not having been created under seal.

In every instrument charging, creating, or transferring any estate or interest under this Act there shall be implied the following covenants by the party charging, creating, or transferring that estate or interest to and with each and every person taking any estate or interest under that instrument—

• (a) That the (implied) covenantor will do all such acts as may be necessary on his part to give effect to all covenants, conditions, and purposes expressly set forth in the instrument or by this Act declared to be implied in instruments of a like nature:

• (b) That the (implied) covenantor will, at the request and cost of the person taking any estate or interest as aforesaid, execute all such further instruments as may be necessary for further and better assuring and perfecting the title of the last-mentioned person to the estate or interest expressed or intended to be granted, created, or transferred.

(1) In the case of paper instruments, those covenants set out in full in Schedule 4 that are intended to be implied in any instrument prepared for the purpose of registration under this Act are, if expressed in the short form of words prescribed in that schedule, to be implied in that instrument as fully and effectually as if set out in full with all the modifications that may be necessary in order to adapt them to the instrument.

(2) In the case of an electronic instrument, those covenants set out in full in Schedule 4 that are intended to be implied in any instrument prepared for the purpose of registration under this Act are to be implied in that instrument as fully and effectually as if set out in full with all the modifications that may be necessary in order to adapt them to the instrument.

(3) The covenant relating to insurance contained in Schedule 4 does not apply to a mortgage under this Act except as otherwise expressed in the mortgage.

(1) In this section the term memorandum means a memorandum in the prescribed form setting forth provisions that are intended for inclusion in instruments of a class specified in the memorandum.

(2) For the purposes of this section, any person may execute a memorandum for the purpose of registration, and the Registrar shall number and register any such memorandum that is executed and delivered for registration and is approved by the Registrar.

(3) Notwithstanding anything in subsection (2) of this section, the Registrar may, for the purposes of this section, draw up, number, and register a memorandum.

(4) A memorandum shall be deemed to be registered when a memorial of registration is endorsed upon it and signed by the Registrar.

(5) On registration of a memorandum under subsection (2) or subsection (3) of this section, it shall be deemed for the purposes only of section 46 of this Act to be part of the register.

(6) Without limiting anything in subsection (2) or subsection (3) of this section, the Governor-General may from time to time, by regulations made under this Act, prescribe in respect of any class of instrument a memorandum for the purposes of this section.

(7) Where an instrument is of a class specified in a memorandum registered under subsection (2) or subsection (3) of this section, or is of a class in respect of which a memorandum has been prescribed under subsection (6) of this section, and contains a provision or reference that incorporates (with or without amendment) any or all of the provisions set out or referred to in that memorandum, those provisions or (as the case may require) those provisions as amended shall be implied in that instrument as fully and effectually as if they were set forth at length in the instrument.

(8) Nothing in subsection (7) of this section shall be construed as limiting the effect, if any, of a provision in an instrument that incorporates in the instrument covenants, conditions, or other provisions otherwise than as referred to in that subsection.

In any action for a breach of any implied covenant, the covenant alleged to be broken may be set forth in the statement of claim, and it may be alleged that the party against whom the action is brought did so covenant precisely in the same manner as if the covenant had been expressed in words in the instrument, any law or practice to the contrary notwithstanding.

(1) Every paper instrument for the purpose of creating, transferring, or charging any estate or interest under this Act must be executed by the registered proprietor and any party to it specified in regulations made under this Act.

(2) The regulations may prescribe the manner in which instruments to which subsection (1) applies must be executed, witnessed, or attested.

(3) Every instrument executed in accordance with this section has the same effect as a deed executed by the parties signing it.

(4) This section is subject to the provisions of section 3 of the Official Appointments and Documents Act 1919.