Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002

  • not the latest version

Reprint as at 1 August 2008

Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002

Public Act2002 No 11
Date of assent16 May 2002
Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

This Act is administered in Land Information New Zealand.

Contents

1 Title

Part 1
Preliminary provisions

2 Commencement

3 Purposes of this Act

4 Interpretation

Part 2
Computer registers and electronic instruments

5 Registrar may authorise registration in any medium

6 Recording and registration of certain matters to be effected under this Act

Creation of computer registers

7 Creation of computer freehold registers for freehold land

8 Content of computer freehold registers

9 Creation of computer interest registers

10 Content of computer interest registers

11 Creation of computer unit title registers

12 Content of computer unit title register

13 Composite computer registers

14 Format of computer registers

Certificates of title for land that is not electronic transactions land

15 Issue of certificates of title for land that is not electronic transactions land

16 Directions and authorisations for land that is not electronic transactions land

17 References to certificates of title for land that is not electronic transactions land

No certificates of title for electronic transactions land

18 No certificates of title for electronic transactions land

19 Directions and requirements for electronic transactions land

20 References to certificates of title for electronic transactions land

Easements

21 How easement recorded

Electronic instruments

22 Electronic workspace facilities

23 When electronic instruments are in order for registration

24 Electronic lodgement may be made compulsory for practitioners

25 Electronic transactions land

26 Acceptable forms for electronic instruments

Registration and access to register

27 Registrar's copy of instrument to be definitive

28 Instrument presented but copying, imaging, or data capture defective

29 Unique identifiers

30 How registration effected

31 Information to become part of register

32 Information to be retained

33 Rights to search and copy information

Evidentiary provisions

34 Evidentiary effect of certificates of title and computer registers

35 Computer printout, etc, admissible in evidence

Sections 65 to 69 of principal Act excluded

36 Certain provisions of principal Act not to apply to certificates of title issued under this Act

Administration

37 Abolition of offices of Registrar of Deeds and Deputy Registrar of Deeds

38 Statutory references to District Land Registrars

Part 3
Amendments to Land Transfer Act 1952

39 Registrar-General of land

40 Delegation of Registrar's powers and duties

41 New section 47 inserted

47 Presentation of instruments for registration

42 New section 70 substituted

70 Removal of easements and profits á prendre from register

43 New sections 90 to 90F substituted

90 Transfers and creation of easements, etc, by registered proprietor

90A Creation and surrender of easements by easement instrument

90B Creation and surrender of easements on deposit of plan

90C Variation of easements

90D Rights and powers implied in certain easements

90E General provisions relating to easements

90F Creating and noting land covenants

44 New heading and section 99B inserted

Instruments for adoption by other enactments

99B Forms for instruments available for adoption by other enactments

45 New sections 101 to 103 substituted

101 Forms of mortgage

102 Variation of mortgage terms

103 Variation of priority of mortgages

46 New section 111 substituted

111 Discharge of mortgage

47 New sections 115 and 116 substituted

115 Form and registration of leases

116 Variation of lease

48 New section 120 substituted

120 Surrender of lease

49 New sections 136 and 137 substituted

136 Caveat against bringing land under Act

137 Caveat against dealings with land under Act

50 Effect of caveat against dealings

51 New section 142 substituted

142 Notices to be given to persons affected

52 New section 145A inserted

145A Early lapse of caveat against dealings

53 New section 147A inserted

147A Electronic registration with caveator's consent subject to rights of caveator

54 New sections 148 to 148B substituted

148 No second caveat may be entered

148A Registrar not required to verify caveator's entitlement to estate or interest claimed

148B Registrar's powers if caveat does not comply with this Act

55 New section 155 substituted

155 Short forms of covenant

56 New section 157 substituted

157 Paper instruments to be executed

57 New sections 164A to 164E inserted

164A Certification

164B Who may give certification

164C Retention of evidence and audit of certifications

164D Requirements about execution do not apply if certification given

164E Effect of certification

58 New section 167A inserted

167A Deposit documents

59 New section 205 substituted

205 Caveats in respect of applications under this Part

60 Fees or charges

61 New section 236 substituted

236 Regulations

62 New sections 237 and 238 substituted

237 When paper instrument is in acceptable form

238 Content of paper forms

63 New sections 239 to 240D substituted

239 Description of person to include personal representative

240 How Registrar gives public notice

240A Specifications by Registrar

240B Notice by Registrar to particular persons

240C Notices to Registrar

240D When notices taken to be delivered

64 Repeals

65 Other amendments to principal Act and amendments to other Acts

66 Transitional provisions relating to easements

67 Transitional provisions relating to landbrokers

Schedule 1
Other amendments to principal Act coming into force on 1 June 2002

Schedule 2
Other amendments to principal Act coming into force on date to be appointed by Order in Council

Schedule 3
Amendments to Deeds Registration Act 1908

Schedule 4
Amendments to other Acts

Reprint notes

The Parliament of New Zealand enacts as follows: