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 |