Schedule 1 |
Schedule 1: substituted, on 29 September 2008, by regulation 8 of the Land Transfer Amendment Regulations (No 2) 2008 (SR 2008/283).
The following table describes, for the purposes of regulation 4(2)(a), the classes of permissible instrument:
Class of permissible instrument |
Description |
|
|---|---|---|
Transfer instrument |
Made under section 90(1) of Act |
|
Easement instrument |
Made under sections 90A and 90F of Act |
|
Easement variation instrument |
Made under sections 90C and 90F of Act |
|
Mortgage instrument |
Made under section 101 of Act |
|
Encumbrance instrument |
Made under section 101 of Act |
|
Mortgage variation instrument |
Made under section 102 of Act |
|
Mortgage priority instrument |
Made under section 103 of Act |
|
| Discharge instrument— | ||
|
Section 111 of Act |
|
|
Section 14(3) or (4), Family Benefits (Home Ownership) Act 1964 |
|
|
Rule 599, District Courts Rules 1992 |
|
Rule 577, High Court Rules |
||
Section 184, Child Support Act 1991 |
||
Section 101, Domestic Proceedings Act 1968 |
||
Section 118, Family Proceedings Act 1980 |
||
Sections 66, 101, Local Government (Rating) Act 2002 |
||
Section 55, Maori Affairs Restructuring Act 1989 |
||
Sections 80, 153, Rating Act 1967 |
||
Sections 143, 186, Rating Powers Act 1988 |
||
Sections 82, 333, Te Ture Whenua Maori Act 1993 |
||
Any other provision of an enactment that authorises the discharge of a charging order against land noted on the register |
||
|
Section 7, Statutory Land Charges Registration Act 1928 |
|
Section 52, Electricity Act 1968 |
||
Section 57(3), Estate and Gift Duties Act 1968 |
||
Section 14L(5), Farm Ownership Savings Act 1974 |
||
Section 18, Legal Aid Act 1969 |
||
Section 40, Legal Services Act 1991 |
||
Section 32, Legal Services Act 2000 |
||
Sections 326(10), 331(1), 335(7), 355(5), 465, 468(5), 511(6), 626(1), 650(5), 674(7), 692ZK(3), Local Government Act 1974 |
||
Section 372, Municipal Corporations Act 1954 |
||
Sections 73(5), 74(5), 107(6), Public Works Act 1981 |
||
Section 162(5), Rating Powers Act 1988 |
||
Sections 109(5), 315(3), Resource Management Act 1991 |
||
Section 5A, Rural Housing Act 1939 |
||
Section 125, Social Security Act 1964 |
||
Section 25, Soil Conservation and Rivers Control Act 1941 |
||
Any other provision of an enactment that authorises the discharge of a statutory land charge against land noted on the register |
||
|
Section 147 of Act |
|
|
Section 42(3), Property (Relationships) Act 1976 |
|
|
Section 221(5), Resource Management Act 1991 |
|
|
Sections 304, 348, Local Government Act 1974, or section 109(2), Resource Management Act 1991 |
|
|
Section 42, Wages Protection and Contractors' Liens Act 1939 |
|
|
Section 327A, Local Government Act 1974 |
|
|
Section 18, Public Works Act 1981 |
|
|
Section 19(7), Public Works Act 1981 |
|
|
Section 115, Public Works Act 1981 |
|
|
Section 220, Public Works Act 1981 |
|
|
Section 221, Public Works Act 1981 |
|
|
Regulation 5A, Earthquake and War Damage Regulations 1984 |
|
|
Section 28, Earthquake Commission Act 1993 |
|
|
Section 74, Building Act 2004 |
|
|
Section 367, Income Tax Act 1976 |
|
|
Section 241, Resource Management Act 1991 |
|
|
Section 243(f), Resource Management Act 1991 |
|
Lease instrument |
Made under section 115 of Act |
|
Lease variation instrument |
Made under section 116 of Act |
|
Lease surrender instrument |
Made under section 120 of Act |
|
Licence to occupy |
Made under section 121C of Act |
|
Surrender of licence to occupy |
Made under section 121K of Act |
|
Application for transmission |
Made under sections 99A, 122 of Act |
|
Caveat |
Made under sections 137, 205(4) of Act |
|
Application to note merger of lease |
Made under regulation 25 of these regulations |
|
Application for correction or change of name |
Made under regulation 26 of these regulations |
|
Notice of claim |
Made under section 42(3), Property (Relationships) Act 1976 |
|
Application to settle land as a joint family home |
Made under sections 4, 5, 12A, Joint Family Homes Act 1964 |
|
Application to cancel a joint family home |
Made under section 10(1)(a), Joint Family Homes Act 1964 |
|
Application for deposit of unit title plan |
Made under section 5(3), Unit Titles Act 1972 |
|
Esplanade strip |
Made under sections 232, 235, Resource Management Act 1991 |
|
Easement for access strip |
Made under section 237B, Resource Management Act 1991 |
|
Covenant against transfer, lease, or other disposition |
Made under section 240, Resource Management Act 1991 |
The following table sets out, for the purposes of regulation 4(2)(b), restrictions for each class of permissible instrument:
Class of permissible instrument |
Restrictions |
|
|---|---|---|
All instruments |
An instrument required by any enactment to be executed by a court Registrar or under a court seal cannot be an electronic instrument |
|
Mortgage variation instrument |
May affect only 1 mortgage |
|
Discharge instrument |
May affect only 1 charge |
|
Transfer instrument, mortgage instrument, mortgage variation instrument, mortgage priority instrument, application for transmission, caveat, notice of claim, or application for correction or change of name |
An instrument affecting any land, estate, or interest—
|
|
Application for transmission |
May not relate to a transmission
of any land, estate, or interest comprised in a computer register
noted with the words |