Earthquake Commission Act 1993

28 Certificates of certain events to be registered against land

(1)

If—

(a)

the insurance of any residential building or residential land is cancelled under clause 4 of Schedule 3; or

(b)

the Commission issues a limitation of liability notice under subclause (1) or subclause (2) of clause 5 of Schedule 3 in respect of any residential building or residential land—

the Commission shall forward a certificate to that effect to the Registrar-General of Land who shall, without fee, register it against the title to the land on which the residential building is or was situated or the residential land, as the case may be.

(2)

Every such certificate shall set out—

(a)

the description of the land; and

(b)

a statement of the provisions of subsection (4).

(3)

The validity of a certificate under this section shall not be affected by any misdescription in it of the land concerned, if sufficient information appears on the face of the certificate for the Registrar-General of Land to identify the land.

(4)

The Commission shall, on written application by any person affected by any action of the Commission referred to in subsection (1), supply to that person reasons in writing for that action.

(5)

If the Commission is satisfied, pursuant to clause 4(3) or clause 5(5) of Schedule 3, that a certificate given under this section is no longer applicable to any land against which the certificate is registered, the Commission shall give notice of discharge of the certificate to the Registrar-General of Land, and the Registrar-General of Land shall, without fee, note the discharge against the title to the land.

(6)

Every certificate or notice of discharge under this section shall be signed by the Commission or by some person authorised by the Commission for that purpose.

Section 28(1): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 28(3): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 28(5): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).