Land Transfer Act 2017

Coat of Arms of New Zealand

Land Transfer Act 2017

Public Act
 
2017 No 30
Date of assent
 
10 July 2017
Commencement
 
see section 2

Contents

1Title
2Commencement
3Purpose
4Land subject to this Act
5Interpretation
6Meaning of fraud
7Transitional, savings, and related provisions
8Act binds the Crown
9Registrar to keep register
10Purpose of register
11Contents of register
12Record of title
13Registrar may issue amalgamated or separate records of title
14Separate titles for undivided shares in land
15Record of title created in name of deceased person
16Court may make orders relating to records of title
17Qualified record of title
18Effect of qualified record of title
19Removal of qualification
20Information in register to be retained
21Registrar’s powers of alteration
22Registration or notation of instrument
23Registration or notation of instrument created or executed by person not registered as owner of estate or interest
24Effect of registration
25Electronic workspace facilities
26Instruments to comply with this Act and other enactments
27Certification of electronic instruments
28Persons authorised to certify electronic instruments
29Revocation of right to certify electronic instruments
30Evidence of certification for electronic instrument
31Effect of certification for electronic instrument
32Lodging of instruments electronically by certain persons
33Execution of paper instruments
34Certification and lodging of paper instruments
35Priority of instruments
36When paper instruments lodged
37Rejection and requisition of instruments
38Copying and imaging of paper instrument
39Rejection of instrument that cannot be copied
40Access to register
41Registrar may withhold information for person’s safety
42Application to Registrar to withhold information for person’s safety
43Exceptions to withholding information for person’s safety
44Evidentiary effect of documents
45Instruments lost before registration or notation
46Registrar may replace or reconstitute records
47Registration of persons as joint tenants
48Severance of joint tenancy
49Dealings in land by Government of overseas country
50Registers under other Acts
51Title by registration
52Exceptions and limitations
53No title to public road or reserve unless authorised
54Application to court for order for alteration of register
55Court may make order only in cases of manifest injustice
56Court must not make order if estate or interest transferred to third person
57Registration of order of court
58Compensation for loss or damage resulting from Registrar’s error or from system failure
59Compensation for loss of estate or interest in land
60Compensation for loss or damage occurring after search and before registration
61Exceptions to compensation
62Notice of claim
63Consideration of claim
64Maximum amount of compensation for deprivation of estate or interest in land
65Valuation of estate or interest in land and matters relating to onus of proof
66Improvements made to land
67Benefit obtained by claimant to be taken into account
68Court’s discretion to adjust compensation
69Contribution by claimant to loss
70Award of interest on compensation
71Right of subrogation
72Certain compensation recoverable by Crown as debt
73Transfer of estates and interests
74Transfer of part of land in record of title
75Effect of transfer of leases and mortgages
76Life and other limited freehold estates
77Interpretation
78Transferors and transferees must provide tax statement stating that transfer non-notifiable or providing tax information
79Content of tax statement
80Omissions and errors
81Offence to provide false or misleading tax information
82Chief executive must supply tax information to Commissioner of Inland Revenue
83Other provisions concerning use of tax information
84Certifier and chief executive must hold tax statement and provide copies
85Status of tax information
86Disclosure of information between authorised persons
87Transmission instrument required to register transmission
88Effect of registering transmission instrument
89Vesting of land by court order
90Vesting of land by statute
91Lease instrument required to register lease
92Variation of leases
93Consent of registered mortgagee to variation of lease
94Surrender of lease
95Registration of interests on replacement lease
96Recording of interests when lessee acquires fee simple
97Covenant by or right for lessee to purchase fee simple estate
98Re-entry by lessor
99Mortgage takes effect only as security
100Mortgage instrument required to register mortgage
101Mortgage variation instrument required to vary mortgage
102Mortgage priority instrument required to vary priority of mortgages
103Transfer of mortgaged land by mortgagee sale
104Discharge of mortgage
105Court may order mortgage to be discharged if mortgagee’s remedies barred by Limitation Act 2010
106Discharge of mortgage securing annuity or rentcharge
107Interpretation
108Registration and surrender of easements and profits à prendre
109Easement instruments
110Creation or surrender of easement on deposit of plan
111Rights and powers implied in easements
112Easement variation instrument required to vary easements and profits à prendre
113Merger, and extinguishment through lapse of time, of easements and profits à prendre
114Extinguishment of easements and profits à prendre on occurrence of event
115Redundant easements
116Notation of covenants under Property Law Act 2007
117Application of this subpart
118Registration of charge
119Priority of charge
120Release of charge
121Protection of Registrar
122Interpretation
123Issue of share certificates
124Registration of licence to occupy
125Registrar may require plan
126Effect of registration of licence
127Registration of instruments against licence
128Mortgage of licence
129Rights of mortgagee of registered licence
130Restriction on disposal of licence or shares if licence subject to mortgage
131Restrictions on cancellation, etc, of licence subject to registered mortgage
132Registration of cancellation, etc, of licence
133Surrender of licence
134Bringing down of mortgage on new licence
135Priority of replacement mortgage over land of company
136Exercise of power of sale by mortgagee of licence
137Registration of transfer of licence or new licence by Registrar
138Caveats against dealings with land
139Notice of caveat against dealings
140Effect of caveat against dealings
141Caveat against dealings not to prevent transfer by mortgagee under power of sale
142Removal of caveat against dealings
143Lapse of caveat against dealings
144Withdrawal of caveat against dealings
145Caveator may consent to registration of instrument
146Second caveat against dealings may not be lodged
147Registrar not required to verify entitlement to lodge caveat against dealings
148Compensation for lodging of improper caveat against dealings
149Registrar may lodge caveat
150Notice of caveat
151Effect of Registrar’s caveat
152Registrar may withdraw caveat
153Trusts not to be entered on register
154Trusts of reserves
155Application for record of title based on adverse possession
156Information relating to land
157Incapacity of registered owner
158Minors
159Certain applications prohibited
160Evidence
161Notice of application
162Caveats against application
163Notice of caveat
164Caveat by registered owner of fee simple or other freehold estate
165Caveat by beneficial or equitable owner of fee simple or other freehold estate
166Caveat by registered owner of, or person noted as entitled to, other estate or interest
167Caveat by other person entitled to other estate or interest
168Registration of applicant as owner of freehold estate
169Cancellation of record of title
170Application relating to land of dissolved company
171Land to which this subpart applies
172Applications to bring land under Act
173Notice of application
174Caveat against bringing land under Act
175Effect of caveat
176Notice of caveat
177Procedure where caveat lodged under section 174(1)(a)
178Procedure where caveat lodged under section 174(1)(b)
179Registrar may require instrument creating or recording estate or interest of caveator
180Withdrawal of application
181Registration of applicant
182Cancellation of previous documents of title
183Registration of Crown grant under Deeds Registration Act 1908 unnecessary
184Meaning of access strip
185Application by adjoining owners for title to access strip
186Notice of application
187Caveats against application
188Notice of caveat
189Removal of caveat
190Procedure where caveat lodged
191Owner of access strip who is not adjoining owner
192Adjoining owner with interest in access strip who is not applicant
193Adjoining owner with no interest in access strip who is not applicant
194Record of title for access strip
195Provisions applying when record of title created for access strip
196Purpose of this subpart
197Meaning of limited certificate of title
198Registrar’s minutes
199Record of title to indicate limitations
200Effect of limited record of title
201Removal of limitations from limited record of title
202Further restriction on removal of limitation from limited record of title limited as to parcels
203Other estates and interests subject to limitation
204Applications by persons claiming title to land for which there is limited record of title
205Certain interests extinguished
206Status of caveats lodged under section 205(1) of Land Transfer Act 1952
207Caveats against limited record of title limited as to parcels
208Implied covenants requiring persons to give effect to instruments
209Incorporation in instruments of provisions in memorandum
210Instruments under this Act may be used under other Acts
211Registered owner may deal with estate or interest by attorney
212Deposit of power of attorney
213Notice of revocation of power of attorney
214Review by Registrar of decision
215Appeal to court
216Registrar may apply to court for directions
217Notice to Registrar of proceedings
218Offences in relation to registration
219False statements
220Public notice
221Giving of notice to persons other than Registrar
222Notice to Registrar
223When notices given
224Registrar may require plans
225Registrar may specify form of deposit document
226Cost of survey to correct plans
227Regulations
228Regulations providing for transitional matters
229Fees and charges
230Land registration districts
231Registrar-General of Land
232Seal of office
233Delegation of Registrar’s duties and powers
234Registrar not required to give certain evidence
235Registrar and other persons not personally liable
236Registrar may set standards and issue directives
237Amendments to Property Law Act 2007
238Section 4 amended (Interpretation)
239New cross-heading above section 301 inserted
240Section 304 amended (Whether, and to what extent, administrator bound by covenant to which section 303 applies)
241Section 306 amended (Certain duties under, and law on, restrictive covenants not limited or affected by section 303)
242New sections 307A to 307F and cross-heading inserted
307ACovenants in gross
307BConstruction of covenant in gross
307CLegal effect of covenant in gross
307DWhether, and to what extent, administrator bound by covenant in gross
307EHow rights under covenant in gross rank in relation to other unregistered interests
307FNotation of covenants in gross
243Cross-heading above section 308 amended
244Cross-heading above section 313 amended
245Section 317 amended (Court may modify or extinguish easement or covenant)
246New sections 318A to 318E and cross-heading inserted
318AApplication of sections 308 to 312 to positive covenants in gross
318BApplication of section 313 to covenants in gross
318CApplication for order under section 318D
318DCourt may modify or extinguish covenant in gross
318ERegistration and recording of orders under section 318D
247Amendments to Building Act 2004
248Land Transfer Act 1952 and Statutory Land Charges Registration Act 1928 repealed
249Regulations and orders revoked
250Amendments to other enactments
Legislative history
Administrative information

The Parliament of New Zealand enacts as follows: