42 Application to Registrar to withhold information for person’s safety

(1)

A person may apply to the Registrar to grant a withholding period under section 41.

(2)

The application must include—

(a)

the details of any identifying information about the person that enables the information to be located in any instrument or record of title, or to be excluded from the public parts of the register, for the purposes of section 41(1); and

(b)

a statutory declaration by the person as to why the publication of information that discloses, or is likely to disclose, the whereabouts of the person may prejudice the safety of the person or the person’s family; and

(c)

sufficient evidence that the publication of information that discloses, or is likely to disclose, the whereabouts of the person may prejudice the safety of the person or the person’s family.

(3)

Evidence provided in the application may include—

(a)

a restraining order that is in force under the Harassment Act 1997 in respect of any person:

(b)

any prescribed order of a court:

(c)

a statutory declaration by a constable, or the person’s employer (if the prejudice arises from the person’s employment), that he or she believes that the publication of information that discloses, or is likely to disclose, the whereabouts of the person may prejudice the safety of the person or the person’s family:

(d)

any other relevant evidence.

(4)

Unless there is proof to the contrary, an order referred to in subsection (3)(a) or (b) is conclusive evidence of the matters to which it relates.

Later notice about order used as evidence for withholding period

(5)

A person must give notice to the Registrar of the date on which an order will cease, or has ceased, to have effect if—

(a)

a withholding period applies to the person; and

(b)

the person included the order as evidence in the application for the withholding period.

(6)

The person must give the notice as soon as is reasonably practicable after becoming aware of the date, but need not give the notice if the date is apparent from the order itself.