Land Transfer Amendment Regulations 2010

  • revoked
  • Land Transfer Amendment Regulations 2010: revoked, on 12 November 2018, pursuant to section 249(1) of the Land Transfer Act 2017 (2017 No 30).

Reprint as at 12 November 2018

Coat of Arms of New Zealand

Land Transfer Amendment Regulations 2010

(SR 2010/111)

Land Transfer Amendment Regulations 2010: revoked, on 12 November 2018, pursuant to section 249(1) of the Land Transfer Act 2017 (2017 No 30).

Anand Satyanand, Governor-General

Order in Council

At Wellington this 3rd day of May 2010

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.

These regulations are administered by Land Information New Zealand.

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

Regulations

1 Title

These regulations are the Land Transfer Amendment Regulations 2010.

2 Commencement

These regulations come into force on 1 July 2010.

3 Principal regulations amended

These regulations amend the Land Transfer Regulations 2002.

4 New Schedule 5 substituted

Schedule 5 is revoked and the Schedule 5 set out in the Schedule of these regulations is substituted.

Schedule  New Schedule 5 substituted in principal regulations

r 4

Schedule 5 Fees payable for matters under Land Transfer Act 1952

r 42

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

Part 1 Search fees

ServiceFee if done via approved electronic workspace facility ($)Fee if done manually ($)
1

For inspecting in a land registry office—

(a)

a grant or certificate of title, or a lease or licence granted under the Land Act 1948

n/a9
(b)

any other document

n/a9
2

For providing, under section 33(3) or (4) of the 2002 Act,—

(a)

a search copy of—

(i)

a grant, certificate of title, or computer register; or

(ii)

a lease or licence registered or entered in the register in accordance with the Land Act 1948

49
(b)

a search copy showing only current information (other than the relevant plan or diagram)

49
(c)

a search copy showing current and historical information (other than the relevant plan or diagram)

49
(d)

a search copy under, and for the purposes of, section 172A of the Act

49
(e)

a structured text view of an instrument (other than a detailed structured text view)

No fee9
(f)

a copy of any other document

49
3

For certification as a true copy

n/a11

Part 2 Registration and other fees

ServiceFee if done via approved electronic workspace facility ($)Fee if done manually ($)
1

For presentation and deposit of an instrument—

(a)

on presentation of an electronic instrument from an approved electronic workspace facility

46n/a
(b)

on presentation of a paper instrument by either of the following means (including 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 Act):

(i)

by deposit in a secure facility under section 47(1)(b) of the Act; or

(ii)

by post under section 47(1)(c) of the Act

n/a46
(c)

on presentation of a paper instrument by hand at a public counter under section 47(1)(a) of the Act (including 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 Act)

n/a66
2

For registration (including automatic registration), deposit, or filing of any instrument, dealing, or document, unless specifically exempted or provided for elsewhere

559
3

If 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 first

No feeNo fee
4

For the creation of a computer register under section 7, 9 (in relation to an interest referred to in subsection (1)(a)), 11, or 13 of the 2002 Act

8080
5

For depositing a plan

6363
6

For approving a form

4646
7

For advertising an application or notice required to be advertised

231231
8

For sending a notice on the application or request of any person, whether required by the Act or another enactment (including for preparing and sending notice of the lodging of a caveat under the Act or notice of the lodging of a claim under section 42 of the Property (Relationships) Act 1976)

44
9

On resubmission of an instrument in place of an instrument that was found not to be in order for registration, and returned or retained, under section 43(1) of the Act

640

Part 3 Audit fees

ServiceFee ($)
1

Examining 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 action is taken under section 164B(2) or 164C(3)(b) of the Act

No fee
2

Examining evidence produced to the Registrar under section 164C(3)(a) of the Act that does not meet the requirements under section 164C(1) or (2) of the Act, where no action is taken under section 164B(2) or 164C(3)(b) of the Act

130 per hour plus reasonable disbursements
3

Requiring a statement under section 164C(3)(b) of the Act

130 per hour
4

Any 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 Act

130 per hour plus reasonable disbursements

Rebecca Kitteridge,
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 amend the Land Transfer Regulations 2002.

The amendments change the fees payable in relation to searches, registration, and audits provided by Land Information New Zealand.

The regulations come into force on 1 July 2010.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 6 May 2010.

Reprints notes
1 General

This is a reprint of the Land Transfer Amendment Regulations 2010 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

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(1)