Land Transfer (Compulsory Electronic Lodgement) Order 2007

Reprint
as at 7 May 2008

Crest

Land Transfer (Compulsory Electronic Lodgement) Order 2007

(SR 2007/87)

Anand Satyanand, Governor-General

Order in Council

At Wellington this 26th day of March 2007

Present:
His Excellency the Governor-General in Council


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

The Land Transfer (Compulsory Electronic Lodgement) Order 2007 is administered by Land Information New Zealand.


Pursuant to section 24 of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following order.

Order

1 Title
  • This order is the Land Transfer (Compulsory Electronic Lodgement) Order 2007.

2 Commencement
  • This order comes into force on 1 May 2007.

3 Interpretation
  • In this order, unless the context otherwise requires,—

    1952 Act means the Land Transfer Act 1952

    conveyancer means—

    • (a) a landbroker licensed by the Registrar-General under section 229 of the 1952 Act; or

    • (b) a person who holds a current practising certificate under section 57 of the Law Practitioners Act 1982

    discharge instrument means either of the following:

    • (a) a discharge of mortgage under section 111 of the 1952 Act:

    • (b) a withdrawal instrument

    discharge of mortgage means an instrument that—

    • (a) fully discharges or releases the land or estate or interest in 1 or more computer registers; and

    • (b) affects only 1 registered mortgage

    mortgage instrument means a mortgage instrument made under section 101(1) of the 1952 Act that—

    • (a) is a mortgage of the whole of any land or estate or interest for which 1 computer register has been created; or

    • (b) is a mortgage of the whole of any land or estate or interest for which more than 1 computer register has been created, if the registered proprietor is the same in each case, and is by way of a single mortgage instrument in favour of 1 mortgagee or co-mortgagees who take the mortgage either jointly or as tenants in common

    transfer instrument means a transfer instrument made for the purposes of registering a transfer of land under section 90(1) of the 1952 Act that—

    • (a) is a transfer of the whole of any land or estate or interest for which a computer register has been created or is a transfer of the whole of any land or estate or interest for which more than 1 computer register has been created, if the registered proprietor is the same in each case; and

    • (b) operates so that co-transferees take title either jointly or as tenants in common; and

    • (c) does not express a purpose for which any land or estate or interest is held by the transferor or transferee; and

    • (d) does not create or reserve any new rights, interests, covenants, or conditions (other than by creating a fencing covenant as defined in the Fencing Act 1978)

    withdrawal instrument means an instrument that—

    • (a) releases a family benefit charge under section 14(3) or (4) of the Family Benefits (Home Ownership) Act 1964; or

    • (b) discharges a charging order under rule 599 of the District Courts Rules 1992; or

    • (c) discharges a compensation certificate under section 19(7) of the Public Works Act 1981; or

    • (d) discharges an encumbrance under section 111 of the 1952 Act; or

    • (e) discharges a statutory land charge under any of the following:

      • (i) section 7 of the Statutory Land Charges Registration Act 1928:

      • (ii) section 52 of the Electricity Act 1968:

      • (v) section 18 of the Legal Aid Act 1969:

      • (vi) section 40 of the Legal Services Act 1991:

      • (ix) section 372 of the Municipal Corporations Act 1954:

      • (xi) section 162(5) of the Rating Powers Act 1988:

      • (xiii) section 5A of the Rural Housing Act 1939:

      • (xv) section 25 of the Soil Conservation and Rivers Control Act 1941; or

    • (f) discharges a charge on land noted on the register under the authority of any enactment other than the 1952 Act or the 2002 Act; or

    • (g) withdraws wholly or partially a caveat under section 147 of the 1952 Act; or

    • (h) withdraws wholly or partially a notice of claim under section 42(3) of the Property (Relationships) Act 1976.

4 Conveyancers to lodge discharges electronically on and after 1 May 2007
  • (1) Section 24 of the 2002 Act applies on and from 1 May 2007 to conveyancers lodging discharge instruments.

    (2) Conveyancers who wish to lodge a discharge instrument with the Registrar-General of Land on or after that date must lodge the instrument electronically under the 2002 Act.

5 Conveyancers to lodge transfers and mortgages electronically on and after 1 August 2007
  • (1) Section 24 of the 2002 Act applies on and from 1 August 2007 to conveyancers lodging mortgage instruments or transfer instruments.

    (2) Conveyancers who wish to lodge a mortgage instrument or transfer instrument with the Registrar-General of Land on or after that date must lodge the instrument electronically under the 2002 Act.

Diane Morcom,
Clerk of the Executive Council.

Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order applies section 24 of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (the 2002 Act) to conveyancers whenever they—

  • lodge a discharge instrument on or after 1 May 2007:

  • lodge a transfer or mortgage instrument on or after 1 August 2007.

The effect of this order is that, on and after the relevant date, a conveyancer will have to lodge a discharge, transfer, or mortgage instrument electronically unless section 24(3)(a) or (b) of the 2002 Act applies. By virtue of section 24(3), this order will not apply to a conveyancer who has been barred from giving certifications under section 164B of the Land Transfer Act 1952 or who receives a dispensation granted by the Registrar in a case where the Registrar considers it impractical or inappropriate to present an instrument electronically.

The different classes of instruments are defined consistently with the corresponding definitions in the Land Transfer Regulations 2002. Under the 2002 Act, a conveyancer is a licensed landbroker or person who holds a practising certificate under section 57 of the Law Practitioners Act 1982. On the commencement of the relevant provisions of the Lawyers and Conveyancers Act 2006, conveyancers will be called practitioners.


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

Date of notification in Gazette: 29 March 2007.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Land Transfer (Compulsory Electronic Lodgement) Order 2007. The reprint incorporates all the amendments to the Land Transfer (Compulsory Electronic Lodgement) Order 2007 as at 7 May 2008, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/legislation/reprints.shtml or Part 8 of the Tables of Acts and Ordinances and Statutory Regulations, and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)