Land Transfer (Compulsory Electronic Lodgement) Order 2008

2008/379

Crest

Land Transfer (Compulsory Electronic Lodgement) Order 2008

Anand Satyanand, Governor-General

Order in Council

At Wellington this 6th day of October 2008 

Present:
His Excellency the Governor-General in Council

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 2008.

2 Commencement
  • This order comes into force on 23 February 2009.

3 Interpretation
  • 1952 Act means the Land Transfer Act 1952

    2002 Act means the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002

    practitioner means—

    • (a) a practitioner within the meaning of section 6 of the Lawyers and Conveyancers Act 2006; or

    • (b) a landbroker licensed by the Registrar under section 229 of the 1952 Act.

4 Practitioners to lodge instruments of specified classes electronically on and after 23 February 2009
  • (1) Section 24 of the 2002 Act applies on and from 23 February 2009 to every practitioner who lodges with the Registrar-General of Land an instrument of a class specified in regulations made under section 236(1)(d) of the 1952 Act (which specified classes are deposit documents and permissible instruments of the classes set out in Schedule 1 of the Land Transfer Regulations 2002).

    (2) A practitioner who wishes to lodge an instrument referred to in subclause (1) with the Registrar-General of Land on or after 23 February 2009 must lodge the instrument electronically under the 2002 Act.

Rebecca Kitteridge,
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, which comes into force on 23 February 2009, mandates the electronic lodgement of almost all land transactions by lawyers and conveyancers.

Section 236(1)(d) of the Land Transfer Act 1952 enables the making of regulations specifying the classes of instruments that are capable of being electronic instruments. Regulation 4 of the Land Transfer Regulations 2002 specifies those classes of instruments and covers deposit documents and the classes of permissible instruments set out in Schedule 1 of those regulations. The effect of this order is that, on and after 23 February 2009, lawyers and conveyancers who wish to lodge such instruments will have to lodge them electronically, using the Landonline system.


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

Date of notification in Gazette: 9 October 2008.

This order is administered by Land Information New Zealand.