Land Transfer Amendment Regulations 2011

2011/186

Coat of Arms of New Zealand

Land Transfer Amendment Regulations 2011

Anand Satyanand, Governor-General

Order in Council

At Wellington this 23rd day of May 2011 

Present:
His Excellency the Governor-General in Council

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 2011.

2  Commencement
  • These regulations come into force on 1 July 2011.

3  Principal regulations amended
4  New Schedule 5 substituted
  • Schedule 5 is revoked and the Schedule set out in the Schedule of these regulations substituted.


Schedule 
New Schedule 5 substituted

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/a 15
 
  • (b) any other document

n/a 15
  • 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

5 15
 
  • (b) a search copy showing only current information (other than the relevant plan or diagram)

5 15
 
  • (c) a search copy showing current and historical information (other than the relevant plan or diagram)

5 15
 
  • (d) a search copy under, and for the purposes of, section 172A of the Act

5 15
 
  • (e) a structured text view of an instrument (other than a detailed structured text view)

No fee 15
 
  • (f) a copy of any other document

5 15
  • 3 For certification as a true copy

n/a 11

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

72 n/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/a 72
 
  • (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/a 92
  • 2 For registration (including automatic registration), deposit, or filing of any instrument, dealing, or document, unless specifically exempted or provided for elsewhere

8 104
  • 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 fee No 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

135 135
  • 5 For depositing a plan

101 101
  • 6 For approving a form

80 80
  • 7 For advertising an application or notice required to be advertised

231 231
  • 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)

5 5
  • 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

13 88

Part 3
Audit fees

Service Fee ($)
  • 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

Michael Webster,
for 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 1 July 2011, amend the Land Transfer Regulations 2002. The amendments, which substitute a new Schedule 5 of the principal regulations, change search, audit, registration and other fees payable under the Land Transfer Act 1952.


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

Date of notification in Gazette: 26 May 2011.

These regulations are administered by Land Information New Zealand.