Land Transfer (Compulsory Electronic Lodgement) Order 2008

  • revoked
  • Land Transfer (Compulsory Electronic Lodgement) Order 2008: revoked, on 12 November 2018, by section 249(3) of the Land Transfer Act 2017 (2017 No 30).

Reprint as at 12 November 2018

Coat of Arms of New Zealand

Land Transfer (Compulsory Electronic Lodgement) Order 2008

(SR 2008/379)

Land Transfer (Compulsory Electronic Lodgement) Order 2008: revoked, on 12 November 2018, by section 249(3) of the Land Transfer Act 2017 (2017 No 30).

Anand Satyanand, Governor-General

Order in Council

At Wellington this 6th day of October 2008 

Present:
His Excellency the Governor-General in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This order 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 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 Legislation Act 2012.

Date of notification in Gazette: 9 October 2008.

Reprints notes
1 General

This is a reprint of the Land Transfer (Compulsory Electronic Lodgement) Order 2008 that incorporates all the amendments to that order as at the date of the last amendment to it.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Land Transfer Act 2017 (2017 No 30): section 249(3)