Land Transfer Amendment Regulations 2004

2004/158

Land Transfer Amendment Regulations 2004


Note

These regulations are administered in Land Information New Zealand.


Pursuant to sections 235 and 236 of the Land Transfer Act 1952, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

1 Title
  • (1) These regulations are the Land Transfer Amendment Regulations 2004.

    (2) In these regulations, the Land Transfer Regulations 20021 are called the principal regulations.

2 Commencement
  • These regulations come into force on 5 July 2004.

3 New Schedule 5 substituted
  • The principal regulations are amended by revoking Schedule 5, and substituting the Schedule 5 set out in the Schedule.

4 Revocation
  • The Land Transfer Amendment Regulations 2003 (SR 2003/125) are consequentially revoked.


Schedule
New Schedule 5 substituted in principal regulations

r 3

Schedule 5
Fees payable for matters under Land Transfer Act 1952

r 42

Key to table

In the table below, n/a means that the manual or digital process (as the case may be) is not applicable to the relevant item.

ItemDescription of itemFee ($)
Search feesManualDigital
1For inspecting in a land registry office—  
 (a) a grant or certificate of title, or a lease or licence registered or entered in the register in accordance with the Land Act 19487n/a
 (b) a document (other than a plan) not specified in paragraph (a)7n/a
2For providing, under section 33(3) or (4) of the 2002 Act,—  
 (a) a search copy of any grant or certificate of title or computer register. or a search copy of any lease or licence registered or entered in the register in accordance with the Land Act 194842
 (b) a search copy showing only current information (other than the relevant plan or diagram)42
 (c) a search copy showing current and historical information (other than the relevant plan or diagram)42
 (d) a search copy under. and for the purposes of. section 172A of the Act73
 (e) a copy of a document (other than a survey plan) including paper abstracts, instrument images, and detailed instrument structured text views not specified in paragraphs (a) to (d)73
 (f) an instrument structured text view (other than a detailed structured text view)4no fee
3For certification as a true copy41n/a
Lodgement fees  
4On the presentation of an electronic instrument from an electronic workspace facility, and for the registration of that electronic instrumentn/a36
5On the deposit of a paper instrument in a secure facility under section 47(1)(b) of the Act, or the presentation of a paper instrument by post under section 47(1)(c) of the Act. including (without limitation) the presentation of an instrument in place of an instrument that was found not to be in order for registration, and returned, under section 43(1)(a) of the Act20n/a
6On the presentation of a paper instrument by hand at a public counter under section 47(1)(a) of the Act, including (without limitation) the presentation of an instrument in place of an instrument that was found not to be in order for registration, and returned, under section 43(1)(a) of the Act40n/a
7For the registration, deposit, or filing of any instrument, dealing, or document unless otherwise specifically exempted or provided for30n/a
8If any instrument or other matter purports to deal with or affect land included in more than 1 computer register, for each computer register other than the first2no fee
9For the creation of a computer register under any of section 7, section 9 (in relation to an interest referred to in subsection (1)(a) of that section), section 11, or section 13 of the 2002 Act106n/a
10For issuing a provisional lease or mortgage43n/a
11For noting any merger8n/a
12For bringing forward on to a new computer register, under sections 117 and 118A of the Act, or any other enactment having the same authority and effect, any encumbrances, liens. and interests to which any previous estate or interest in the same land was subject31n/a
13For depositing any plan55n/a
14For approving any form69n/a
15For advertising any application or notice required to be advertised401n/a
16For sending any notice on the application or request of any person, whether required by the Act or otherwise (including the preparation and sending of a notice of the lodging of a caveat under the Act or of a notice of claim under section 42 of the Property (Relationships) Act 1976)10n/a
17On the resubmission of an instrument in compliance with a requisition under section 43(1)(b) of the Act, including (without limitation) where the instrument is resubmitted in place of an instrument that was found not to be in order for registration, and retained, under that provision20n/a
Registrar's fees  
18Examining evidence produced to the Registrar under section 164C(3)(a) of the Act that meets any requirements under section 164C(1) or (2) of the Act, where no act taken under section 164B(2) or section 164C(3)(b) of the Actno feen/a
19Examining evidence produced to the Registrar under section 164C(3)(a) of the Act that does not meet any requirements under section 164C(1) or (2) of the Act, where no action is taken under section 164B(2) or section 164C(3)(b) of the Act130 per person hour plus reasonable disbursementsn/a
20Requiring a statement under section 164C(3)(b) of the Act130 per person hour plus reasonable disbursementsn/a
21Any other action relating to the audit of a certification for the purpose of exercising (or deciding whether to exercise) the powers under section 164B(2) of the Act130 per person hour plus reasonable disbursementsn/a

Diane Morcom,—

Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 5 July 2004, amend the Land Transfer Regulations 2002 by substituting a new schedule of fees payable under the Land Transfer Act 1952. The main features of new Schedule 5 are as follows:

  • the Schedule is restructured to provide a more logical sequence:

  • some items have been deleted or merged with others:

  • most fees are reduced.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 3 June 2004.


  • 1 SR 2002/213