Jerry Mateparae, Governor-General
At Wellington this 28th day of September 2015
Present:The Hon Bill English presiding in Council
Pursuant to section 236 of the Land Transfer Act 1952, His Excellency the Governor-General makes the following regulations, acting—
on the advice and with the consent of the Executive Council; and
on the recommendation of the Minister for Land Information after being satisfied that the requirements of section 236(4) have been met.
These regulations are the Land Transfer (Land Information and Offshore Persons Information) Exemption Regulations 2015.
These regulations come into force on 1 October 2015.
In these regulations, unless the context otherwise requires, Act means the Land Transfer Act 1952.
A transfer of a specified estate in land is exempt from the requirements of section 156B of the Act if—
the land is Maori land; or
the transfer is a transfer of property by the Crown under a Treaty settlement Act that expressly authorises the Crown to—
transfer the fee simple estate in the property; and
sign a transfer instrument or other document, or do anything else, as necessary to effect the transfer.
In this regulation, unless the context otherwise requires,—
Crown has the meaning given in section 2(1) of the Public Finance Act 1989
Maori land has the meaning given in section 4 of Te Ture Whenua Maori Act 1993
Treaty settlement Act means an Act to give effect to a deed between the Crown and any group of Māori claimants or a representative of any group of Māori claimants in relation to the historical Treaty of Waitangi claims of that group.
The following transfers of a specified estate in land are non-notifiable transfers in relation to a transferor:
a transfer by a public authority or a local authority:
a transfer on a distribution by an executor, administrator, or trustee of a deceased person’s estate to a beneficiary who is beneficially entitled to receive the property under the will or the rules governing intestacy:
a transfer of mortgaged land by the mortgagee:
a transfer by rating sale under the Local Government (Rating) Act 2002:
a transfer giving effect to an order of a court.
A transfer of a specified estate in land to a public authority or a local authority is a non-notifiable transfer in relation to the transferee.
In this regulation,—
local authority has the meaning given to it in section YA 1 of the Income Tax Act 2007
means every department or instrument of the Executive Government of New Zealand; and
includes the Māori Trustee; and
includes the Reserve Bank; but
does not include—
Crown Research Institutes (as defined in section 2 of the Crown Research Institutes Act 1992):
mixed-ownership enterprises (as defined in section YA 1 of the Income Tax Act 2007):
State enterprises (as defined in section YA 1 of the Income Tax Act 2007).
Michael Webster,Clerk of the Executive Council.
This note is not part of the regulations, but is intended to indicate their general effect.
These regulations come into force on 1 October 2015. They specify transfers of specified estates in land that are—
exempt from the requirements of section 156B of the Land Transfer Act 1952; and
non-notifiable in relation to the transferor; and
non-notifiable in relation to the transferee.
Issued under the authority of the Legislation Act 2012.
Date of notification in Gazette: 30 September 2015.
These regulations are administered by Land Information New Zealand.