Land Transfer Bill

  • enacted

Hon Mark Mitchell

Land Transfer Bill

Government Bill

118—3

Contents

Key
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
56Application to court for order for alteration of register
57Court may make order only in cases of manifest injustice
57ACourt must not make order if estate or interest transferred to third person
57BRegistration 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
92AConsent of registered mortgagee to variation of lease
93Surrender of lease
94Registration of interests on replacement lease
95Recording of interests when lessee acquires fee simple
96Covenant by or right for lessee to purchase fee simple estate
97Re-entry by lessor
98Mortgage takes effect only as security
99Mortgage instrument required to register mortgage
100Mortgage variation instrument required to vary mortgage
101Mortgage priority instrument required to vary priority of mortgages
102Transfer of mortgaged land by mortgagee sale
103Discharge of mortgage
104Court may order mortgage to be discharged if mortgagee’s remedies barred by Limitation Act 2010
105Discharge of mortgage securing annuity or rentcharge
106Interpretation
107Registration and surrender of easements and profits à prendre
108Easement instruments
109Creation or surrender of easement on deposit of plan
110Rights and powers implied in easements
111Easement variation instrument required to vary easements and profits à prendre
112Merger, and extinguishment through lapse of time, of easements and profits à prendre
113Extinguishment of easements and profits à prendre on occurrence of event
114Redundant easements
115Notation of covenants under Property Law Act 2007
116Application of this subpart
117Registration of charge
118Priority of charge
119Release of charge
120Protection of Registrar
121Interpretation
122Issue of share certificates
123Registration of licence to occupy
124Registrar may require plan
125Effect of registration of licence
126Registration of instruments against licence
127Mortgage of licence
128Rights of mortgagee of registered licence
129Restriction on disposal of licence or shares if licence subject to mortgage
130Restrictions on cancellation, etc, of licence subject to registered mortgage
131Registration of cancellation, etc, of licence
132Surrender of licence
133Bringing down of mortgage on new licence
134Priority of replacement mortgage over land of company
135Exercise of power of sale by mortgagee of licence
136Registration of transfer of licence or new licence by Registrar
137Caveats against dealings with land
138Notice of caveat against dealings
139Effect of caveat against dealings
140Caveat against dealings not to prevent transfer by mortgagee under power of sale
141Removal of caveat against dealings
142Lapse of caveat against dealings
143Withdrawal of caveat against dealings
144Caveator may consent to registration of instrument
145Second caveat against dealings may not be lodged
146Registrar not required to verify entitlement to lodge caveat against dealings
147Compensation for lodging of improper caveat against dealings
148Registrar may lodge caveat
149Notice of caveat
150Effect of Registrar’s caveat
151Registrar may withdraw caveat
152Trusts not to be entered on register
153Trusts of reserves
154Application for record of title based on adverse possession
155Information relating to land
156Incapacity of registered owner
157Minors
158Certain applications prohibited
159Evidence
160Notice of application
161Caveats against application
162Notice of caveat
163Caveat by registered owner of fee simple or other freehold estate
164Caveat by beneficial or equitable owner of fee simple or other freehold estate
165Caveat by registered owner of, or person noted as entitled to, other estate or interest
166Caveat by other person entitled to other estate or interest
167Registration of applicant as owner of freehold estate
168Cancellation of record of title
169Application relating to land of dissolved company
170Land to which this subpart applies
171Applications to bring land under Act
172Notice of application
173Caveat against bringing land under Act
174Effect of caveat
175Notice of caveat
176Procedure where caveat lodged under section 173(1)(a)
177Procedure where caveat lodged under section 173(1)(b)
178Registrar may require instrument creating or recording estate or interest of caveator
179Withdrawal of application
180Registration of applicant
181Cancellation of previous documents of title
182Registration of Crown grant under Deeds Registration Act 1908 unnecessary
183Meaning of access strip
184Application by adjoining owners for title to access strip
185Notice of application
186Caveats against application
187Notice of caveat
188Removal of caveat
189Procedure where caveat lodged
190Owner of access strip who is not adjoining owner
191Adjoining owner with interest in access strip who is not applicant
192Adjoining owner with no interest in access strip who is not applicant
193Record of title for access strip
194Provisions applying when record of title created for access strip
195Purpose of this subpart
196Meaning of limited certificate of title
197Registrar’s minutes
198Record of title to indicate limitations
199Effect of limited record of title
200Removal of limitations from limited record of title
201Further restriction on removal of limitation from limited record of title limited as to parcels
202Other estates and interests subject to limitation
203Applications by persons claiming title to land for which there is limited record of title
204Certain interests extinguished
205Status of caveats lodged under section 205(1) of Land Transfer Act 1952
206Caveats against limited record of title limited as to parcels
207Implied covenants requiring persons to give effect to instruments
208Incorporation in instruments of provisions in memorandum
209Instruments under this Act may be used under other Acts
210Registered owner may deal with estate or interest by attorney
211Deposit of power of attorney
212Notice of revocation of power of attorney
213Review by Registrar of decision
214Appeal to court
215Registrar may apply to court for directions
216Notice to Registrar of proceedings
217Offences in relation to registration
218False statements
219Public notice
220Giving of notice to persons other than Registrar
221Notice to Registrar
222When notices given
223Registrar may require plans
224Registrar may specify form of deposit document
225Cost of survey to correct plans
226Regulations
226ARegulations providing for transitional matters
227Fees and charges
228Land registration districts
229Registrar-General of Land
230Seal of office
231Delegation of Registrar’s duties and powers
232Registrar not required to give certain evidence
233Registrar and other persons not personally liable
234Registrar may set standards and issue directives
235Amendments to Property Law Act 2007
236Section 4 amended (Interpretation)
237New cross-heading above section 301 inserted
238Section 304 amended (Whether, and to what extent, administrator bound by covenant to which section 303 applies)
239Section 306 amended (Certain duties under, and law on, restrictive covenants not limited or affected by section 303)
240New 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
241Cross-heading above section 308 amended
242Cross-heading above section 313 amended
243Section 317 amended (Court may modify or extinguish easement or covenant)
244New 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
244AAmendments to Building Act 2004
245Land Transfer Act 1952 and Statutory Land Charges Registration Act 1928 repealed
246Regulations and orders revoked
247Amendments to other enactments
Legislative history

The Parliament of New Zealand enacts as follows: