New Zealand Legislation: Acts

8 Issue of certificate of title in respect of unit

• (1) On the deposit of a unit plan, the Registrar shall—

  • (a) Issue a certificate of title, in form 2 in Schedule 1 to this Act, in the name of the registered proprietor (and not the body corporate) of the land to which the plan relates, for the stratum estate in all of the units shown on the unit plan; and

  • (b) [Repealed]

  • (c) Cancel the existing certificate of title (if any) to the land; and for this purpose the outstanding copy of that certificate of title shall be surrendered to the Registrar on the occasion of the deposit of the unit plan; and

  • (d) In a case where the unit plan relates to an estate as lessee or licensee under a registered lease or licence of any land and no separate certificate of title has issued in respect of the estate, note an appropriate memorial on this lease or licence.

  (2) Notwithstanding paragraph (a) of subsection (1) of this section, the Registrar may, at the request of the registered proprietor, issue a separate certificate of title for any principal unit, which certificate of title may include also one or more accessory units.

  (3) Every certificate of title issued under this section shall be deemed to be a certificate of title issued under the Land Transfer Act 1952, and, on issuing any such a certificate under this section, the Registrar shall comply with the requirements of section 67 of that Act accordingly.

  (4) It shall not be necessary in any such certificate of title to mention the quantum of the undivided share in the common property to which the proprietor is entitled by virtue of section 9 of this Act.

  Compare: Victoria Act, s 11(2)

  Subsection (1)(a) was amended, as from 2 November 1979, by section 15(1) Unit Titles Amendment Act 1979 (1979 No 37) by inserting the words “(and not the body corporate)”.

  Subsection (1)(b) was repealed, as from 2 November 1979, by section 15(2) Unit Titles Amendment Act 1979 (1979 No 37).

  Subsection (3) was amended, as from 2 November 1979, by section 15(3) Unit Titles Amendment Act 1979 (1979 No 37) by inserting the words “, and, on issuing any such a certificate under this section, the Registrar shall comply with the requirements of section 67 of that Act accordingly”.