Land Transfer Regulations 2018

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2018/193

Coat of Arms of New Zealand

Land Transfer Regulations 2018

Patsy Reddy, Governor-General

Order in Council

At Wellington this 8th day of October 2018

Present:
The Right Hon Jacinda Ardern presiding in Council

These regulations are made under section 227 of the Land Transfer Act 2017 on the advice and with the consent of the Executive Council.

Contents

1Title
2Commencement
3Interpretation
4Transitional, savings, and related provisions
5Information and documents required for instruments
6Registrar may approve matters of format or medium for supplying information or documents
7Certification of electronic instruments
8Certification of electronic instruments for court orders
9Certification of electronic instruments for orders of Māori Land Court
10Certification of electronic instruments for notices under Retirement Villages Act 2003
11Parties treated as having executed electronic instruments
12Instruments not capable of electronic lodgement
13Execution of paper instruments
14Certification of paper instruments
15Person who may execute paper instrument for overseas Government
16Unacceptable changes to paper instruments
17Correction or change of name and boundary change from accretion or erosion
18Merger of estates or interests
19Cancellation of fencing covenant or agreement
20Conditions and powers implied in mortgage whose priority postponed
21Rights and powers implied in easements
22Consent relating to application for record of title to access strip
23Withdrawing instruments after lodgement
24Records of lodged instruments and other matters
25Application to withhold information may include non-contact order as evidence
26Information and documents required for notices given by Registrar
27Periods specified in notices given by Registrar
28Periods relating to notices given under Land Transfer (Hawke’s Bay) Act 1931
29Notices and objections about certain alterations to register
30Certificate with notice by flat or office owning company to end licence subject to mortgage
31Change of address for notice about certain caveats
32Claim for compensation
33Interest rate for inclusion in compensation
34Fees
Explanatory note
Administrative Information

Regulations

1 Title

These regulations are the Land Transfer Regulations 2018.

2 Commencement

These regulations come into force on 12 November 2018.

3 Interpretation

In these regulations, unless the context otherwise requires,—

instrument includes an application, a notice, or a document specified in column 1 of the table in Schedule 2

memorandum means a memorandum registered under section 209 of the Act.

4 Transitional, savings, and related provisions

The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.

Electronic and paper instruments: information and documents required

5 Information and documents required for instruments

(1)

An instrument specified in column 1 of the table in Schedule 2 that is lodged with the Registrar must—

(a)

contain the following information that relates to the instrument and the estate or interest in land to which it applies:

(i)

the core information; and

(ii)

the additional information (if any) specified in column 3 of the table; and

(b)

be accompanied by the documents (if any) specified in column 4 of the table.

(2)

The core information is as follows:

(a)

the type of instrument (for example, transfer instrument or application to correct or change name):

(b)

the relevant provision specified in column 2 of the table in Schedule 2, unless, for an electronic instrument, the electronic workspace facility does not provide for that:

(c)

the land registration district for the land:

(d)

the unique identifier of each record of title for the land affected by the instrument or, if there is no record of title, for the instrument or document that defines the land:

(e)

the unique identifier, and type, of each instrument or other document affected by the instrument, if applicable:

(f)

if the instrument applies only to a part or share of the estate or interest in a record of title, instrument, or document, a description of that part or share:

(g)

for each party to the instrument,—

(i)

the type of party (for example, transferor or applicant); and

(ii)

the full name of the party:

(h)

if the instrument incorporates any provisions of a memorandum, the unique identifier of the memorandum:

(i)

for an electronic instrument that requires certification under regulation 7, those certifications and the digital signatures of the certifiers:

(j)

for a paper instrument,—

(i)

an operative provision that gives effect to the purpose of the instrument, unless the instrument is an application, a notice, or a caveat document; and

(ii)

the signatures and other matters required for execution of the instrument (see regulation 13); and

(iii)

if the instrument requires certification under regulation 14, that certification and the signature of the certifier:

(k)

for an application, a notice, or a caveat document,—

(i)

a statement of what is applied for, why the notice is given, or what the caveat prevents; and

(ii)

the applicant’s, notice-giver’s, or caveator’s address for receiving notices about the document, if the Act provides for the Registrar to give notices about the document to that person.

(3)

See the relevant provisions of the Act for any other requirements that apply to each type of instrument (for example, requirements for consent).

6 Registrar may approve matters of format or medium for supplying information or documents

(1)

This regulation applies to—

(a)

any information that these regulations require to be contained in an instrument, application, notice, certificate, record, consent, or other thing; and

(b)

any document that these regulations require to accompany an instrument, application, notice, certificate, record, consent, or other thing.

(2)

The Registrar may approve any matter related to the format or medium that must be used for supplying the information or document.

(3)

To avoid doubt, those matters include any matter related to the physical properties required of a paper instrument that is lodged for registration or notation.

Electronic instruments: certification, execution, etc

7 Certification of electronic instruments

(1)

This regulation applies to an electronic instrument of a class specified in column 1 of the table in Schedule 3 that has any party specified in column 5 of the table (see section 27 of the Act).

(2)

The electronic instrument may be lodged only if,—

(a)

for each (or the only) party specified in column 5 of the table, a certifier with authority to act for the party certifies as to the standard matters for an electronic instrument, if those matters are specified in column 4 of the table; and

(b)

for the first (or the only) party specified in column 5 of the table, a certifier with authority to act for the party—

(i)

certifies as to the applicable additional matters (if any) specified in column 4 of the table; and

(ii)

gives the certification about evidence in relation to those applicable additional matters; and

(iii)

certifies as to the other matters (if any) specified in column 4 of the table.

(3)

The standard matters for an electronic instrument are—

(a)

that the certifier has authority to act for the party and the party has the legal capacity to give the authority; and

(b)

that the certifier has taken reasonable steps to confirm the identity of the party; and

(c)

if statutory requirements have been specified by the Registrar for instruments of a particular type, that the instrument complies with those requirements; and

(d)

the certification about evidence in relation to the certified matters in paragraphs (a) to (c).

(4)

The following table sets out the applicable additional matters that may be specified for an instrument (in column 4 of the table in Schedule 3) as follows:

(a)

column 1 specifies the type of matter:

(b)

column 2 describes when the matter applies:

(c)

column 3 sets out the matter to be certified (when the matter applies):

Column 1Column 2Column 3
Type of matterWhen matter appliesMatter to be certified
Māori freehold land complianceThe land is Māori freehold land and statutory provisions specified by the Registrar apply to the dealing.The statutory provisions specified by the Registrar relating to Māori freehold land have been complied with.
Caveator or claimant consentA caveat document or notice of claim prevents registration or notation of the instrument.The caveator or claimant under the caveat document or notice of claim has consented to registration or notation of the instrument, which is subject to the rights of the caveator or claimant, and the certifier holds the consent.
Chargeholder consentA charge prevents registration or notation of the instrument.The chargeholder under the charge has consented to registration or notation of the instrument, and the certifier holds the consent.
Mortgagee consentA mortgagee’s consent to registration of the instrument is required.The mortgagee has consented to registration of the instrument, and the certifier holds the consent.
Licensor or lessor consent or Commissioner given noticeThe dealing is to be registered against a licence or lease granted under the Land Act 1948 and the dealing requires the licensor’s or lessor’s consent or notice to be given to the Commissioner of Crown Lands.

One of the following matters:

  • the licensor of the licence, or the lessor of the lease, has consented to the dealing, and the certifier holds the consent:

  • notice has been given to the Commissioner of Crown Lands as required by the Land Act 1948 for the dealing.

Submortgagee consentA submortgagee’s consent to registration of the instrument is required.

The submortgagee has consented to registration of the instrument, and the certifier holds the consent.

Territorial authority consentThe territorial authority’s consent to the dealing is required.

The territorial authority has consented to the dealing, and the certifier holds the consent.

TransmissionThe instrument is a transmission instrument or an application to register a vesting under an enactment.The applicant is entitled to be registered as owner by virtue of transmission.

(5)

In this regulation and regulation 8, certification about evidence means that the certifier has evidence relating to the certified matters—

(a)

that shows the truth of those certifications; and

(b)

that is relied on in support of those certified matters; and

(c)

that the certifier will retain for the retention period.

(6)

The retention period for which the certifier must retain evidence under section 30(1) of the Act is 10 years after the date on which the instrument is lodged for registration or notation.

8 Certification of electronic instruments for court orders

(1)

This regulation applies to an order of a court of competent jurisdiction that affects land subject to the Act,—

(a)

including an order to which section 57, 89, 105, 142, or 189 of the Act or another enactment applies; but

(b)

excluding an order to which Part 5 of Te Ture Whenua Maori Act 1993 applies (see regulation 9 instead).

(2)

The order may be lodged as an electronic instrument only if—

(a)

it is certified as a correct copy of a sealed copy of the order; and

(b)

the certifier gives the certification about evidence in relation to the certified matter in paragraph (a) (see regulation 7(5)).

9 Certification of electronic instruments for orders of Māori Land Court

(1)

This regulation applies to an order to which Part 5 of Te Ture Whenua Maori Act 1993 applies (because of section 122 of that Act).

(2)

The order may be lodged as an electronic instrument only if it is certified.

(3)

An officer of the Māori Land Court—

(a)

may certify the order lodged as an electronic instrument; and

(b)

if they do so, must certify that the order is lodged under section 123(2) of that Act.

10 Certification of electronic instruments for notices under Retirement Villages Act 2003

(1)

This regulation applies to a notice given under section 21(1) or 23(1) of the Retirement Villages Act 2003.

(2)

The notice may be lodged as an electronic instrument only if it is certified.

(3)

The Registrar of Retirement Villages appointed under section 87 of that Act, or a person with a function, duty, or power delegated under section 88 of that Act,—

(a)

may certify the notice lodged as an electronic instrument; and

(b)

if they do so, must certify that the notice is lodged under section 21(1) or 23(1) of that Act.

11 Parties treated as having executed electronic instruments

(1)

This regulation applies to an electronic instrument of a class specified in column 1 of the table in Schedule 3 that is certified under section 27 of the Act.

(2)

On registration, the instrument is treated as having been executed by the parties specified in column 3 of the table (see section 31(1)(a) of the Act).

12 Instruments not capable of electronic lodgement

The following classes of instrument are not capable of electronic lodgement (see section 32(3)(a) of the Act):

(a)

a memorandum:

(b)

a power of attorney.

Paper instruments: execution, certification, etc

13 Execution of paper instruments

(1)

A paper instrument of a class specified in column 1 of the table in Schedule 3 must be executed in accordance with this regulation by the person or persons specified in column 3 of the table (see section 33 of the Act, in relation to instruments that create, transfer, or otherwise affect an estate or interest in land under the Act).

(2)

A party executes the instrument under the party’s full name by,—

(a)

if the party is an individual, signing the instrument in the presence of a witness who complies with subclause (3); or

(b)

the party’s attorney signing the instrument in the presence of a witness who complies with subclause (3), in accordance with sections 211 and 212 of the Act; or

(c)

executing the instrument in accordance with any enactment that provides for how the party may execute—

(i)

a deed; or

(ii)

a document, if subparagraph (i) does not apply.

(3)

A witness to a signatory’s signature—

(a)

must not be a party to the instrument; and

(b)

must know, or establish the identity of, the signatory; and

(c)

must sign the instrument; and

(d)

must add the witness’s—

(i)

full name; and

(ii)

occupation or description; and

(iii)

location, meaning the city, town, or locality where the witness ordinarily resides.

(4)

The Registrar may require a specified person to provide to the Registrar a statutory declaration as to the following:

(a)

from a signatory,—

(i)

that the signatory signed the instrument; and

(ii)

that the signatory is of sound mind and signed the instrument voluntarily:

(b)

from a witness,—

(i)

that the signatory signed the instrument in the presence of the witness; and

(ii)

that the witness signed the instrument; and

(iii)

that the witness knows, or established the identity of, the signatory; and

(iv)

that the signatory appeared to be of sound mind and to sign the instrument voluntarily.

(5)

However, a statutory declaration under subclause (4) is not required if the instrument is executed outside New Zealand and has been witnessed—

(a)

by a Commonwealth representative exercising his or her functions in the country in which the instrument is executed, and the instrument has been sealed with the representative’s seal of office (if any); or

(b)

by a Notary Public exercising that office in the country in which the instrument is executed; or

(c)

if the instrument is executed in a Commonwealth country,—

(i)

under paragraph (a); or

(ii)

in accordance with the law of that country for verifying a document to be used overseas.

(6)

In this regulation and regulation 16,—

party means a person referred to in subclause (1) who must execute the instrument

signatory means a person who signs an instrument under subclause (2)(a), (b), or (c)—

(a)

as a party (who is an individual, for example); or

(b)

for a party (that is a body corporate, for example).

14 Certification of paper instruments

(1)

This regulation applies to a paper instrument of a class specified in column 1 of the table in Schedule 3 that has any party specified in column 7 of the table.

(2)

The paper instrument may be lodged only if that party, or that party’s practitioner, certifies as to the required matter or matters (see section 34 of the Act)

(3)

If column 6 of the table specifies “comprehensive matters”, the required matters are that the certifier is aware of the circumstances of the dealing set out in the instrument and does not know of any reason, in fact or in law, why the instrument should not be registered or noted.

(4)

If column 6 of the table specifies “simple matter”, the required matter is that the instrument is in order for registration or notation.

15 Person who may execute paper instrument for overseas Government

A person in New Zealand may execute a paper instrument on behalf of an overseas Government to transfer, lease, mortgage, or otherwise deal with an estate or interest in land if the person holds 1 or more of the following offices in New Zealand in respect of the overseas Government (see section 49(5) of the Act):

(a)

Ambassador, High Commissioner, Minister, or Chargé d’Affaires:

(b)

Consular Officer or Trade Commissioner, but only if resident in New Zealand solely to perform the duties of that office.

16 Unacceptable changes to paper instruments

(1)

The Registrar may refuse to register or note a paper instrument that contains—

(a)

an erasure; or

(b)

an alteration that does not comply with the rest of this regulation.

(2)

Text intended to have no effect must be struck out but left legible.

(3)

Text intended to replace struck-out text must be inserted as close to it as practicable.

(4)

An alteration that affects, or could affect, the interests of a party to the instrument must be initialled or signed for that party by each person who would be required by regulation 13 to sign the instrument if the party were executing the instrument (including any required witnesses).

(5)

An alteration that affects, or could affect, the interests of any other person entitled to the benefit of the instrument must be initialled or signed by that person or the practitioner acting for that person.

Applications and instruments for certain dealings

17 Correction or change of name and boundary change from accretion or erosion

(1)

A person may apply to the Registrar to alter the register—

(a)

to correct an error in the person’s name recorded in the register; or

(b)

to record a boundary change resulting from accretion or erosion.

(2)

The Registrar may make the alteration if—

(a)

the Registrar is satisfied that the error or boundary change occurred; and

(b)

where the alteration would materially affect the registered estate or interest of any person, section 21(2) of the Act is complied with.

(3)

A person may apply to the Registrar to record a change to the person’s name recorded in the register.

(4)

The Registrar may record the change only if satisfied that the name has changed.

18 Merger of estates or interests

(1)

A person may apply to the Registrar to record in the register that an estate or interest has merged in a greater estate or interest if the person is the registered owner of both.

(2)

The Registrar may record the merger in the register only if satisfied that there has been a merger both at law and in equity.

(3)

See also

(a)

section 96 of the Act (for the merger of the fee simple and leasehold estates in land if the lessee under a registered lease acquires the fee simple estate):

(b)

section 113 of the Act (for the merger of an easement or a profit à prendre).

19 Cancellation of fencing covenant or agreement

(1)

A person may apply to the Registrar to cancel a fencing covenant or fencing agreement that is registered over any land if the person has a registered estate or interest in the land.

(2)

The Registrar may cancel the covenant or agreement only if satisfied that every person who is, or may become, entitled to the benefit of the covenant or agreement has consented to the cancellation.

(3)

In this regulation, fencing covenant and fencing agreement have the meanings given by section 2 of the Fencing Act 1978.

20 Conditions and powers implied in mortgage whose priority postponed

If a mortgage priority instrument is registered, the conditions and powers set out in Schedule 4 are implied in the mortgage whose priority is postponed (see section 102(3) of the Act).

21 Rights and powers implied in easements

The rights and powers that are implied in a registered easement of a specific class are set out as follows in Schedule 5 (see section 111(1) and (2) of the Act):

(a)

the classes of easement to which implied rights and powers apply are set out in clause 2 of the schedule:

(b)

the provisions set out in clauses 3 to 9 of the schedule are implied in each class of easement to the extent indicated in those provisions:

(c)

the provisions set out in clauses 10 to 14 of the schedule are implied in each class of easement.

22 Consent relating to application for record of title to access strip

(1)

This regulation specifies the information that must be contained in any consent given under section 191, 192, or 193 of the Act (which relates to an application for a record of title to an access strip).

(2)

The information is—

(a)

the unique identifier of the record of title (if any) for the access strip:

(b)

for consent given under section 192 or 193 of the Act (by an adjoining owner), the unique identifier of the record of title (if any) of the owner’s adjoining lot:

(c)

the name of the applicant:

(d)

the name of the person giving consent:

(e)

the provision under which the person is giving consent:

(f)

a statement of the consent that is given (see section 191(1)(b), 192(2), or 193(2) of the Act).

Withdrawal and recording of lodged instruments, etc

23 Withdrawing instruments after lodgement

(1)

A person who lodges an instrument with the Registrar may withdraw it at any time before it is registered or noted.

(2)

The right to withdraw an instrument includes the right to withdraw all instruments that the person lodged in connection with it, except for instruments the Registrar is required to retain.

(3)

All or any part of a fee payable or paid under the Act in respect of the withdrawn instrument may be dispensed with or refunded (see section 229(3) of the Act).

24 Records of lodged instruments and other matters

(1)

This regulation requires the Registrar to keep records in addition to the registers provided for by the Act or any other Act.

(2)

The Registrar must keep—

(a)

a record of all instruments received for registration or notation, specifying for each instrument—

(i)

the unique identifier given to the instrument; and

(ii)

the date and time when the instrument was received; and

(iii)

the unique identifier of the record of title that is to be affected by the proposed registration or notation of the instrument; and

(b)

an indexing system that enables any record of title for land to be identified by reference to the registered owner’s name or the land’s description; and

(c)

a record of all applications to bring land under the operation of the Act.

Application to withhold information

25 Application to withhold information may include non-contact order as evidence

Evidence provided in an application to the Registrar to grant a withholding period under section 41 of the Act may include a non-contact order under the Victims’ Orders Against Violent Offenders Act 2014 (see section 42(3)(b) of the Act).

Notices: information and documents required, specified periods, etc

26 Information and documents required for notices given by Registrar

(1)

A notice given under a provision of the Act specified in column 2 of the table in Schedule 6 must—

(a)

contain the core information; and

(b)

contain the additional information specified in column 3 of the table; and

(c)

be accompanied by the applicable documents specified in column 4 of the table, if any.

(2)

The core information is as follows:

(a)

a statement that the notice is of the relevant type specified in column 1 of the table and is given under the relevant provision specified in column 2 of the table; and

(b)

a description of the application, including—

(i)

its type and effect:

(ii)

its number:

(iii)

the applicant’s name:

(iv)

the applicant’s address for receiving notices about the application.

27 Periods specified in notices given by Registrar

A notice given under a provision of the Act specified in column 2 of the following table must specify the period prescribed in column 3 of the table, which,—

(a)

for a public notice, must be specified as that period starting immediately after the date on which the public notice is published; or

(b)

for a notice given to a person, must be specified as that period starting immediately after the date on which the notice is given to the person:

Column 1Column 2Column 3
Description of noticeProvision of ActPeriod
For person to relodge instrument in corrected forms 39(2)(a)40 working days
For person to object to application to record extinguishment of easement or profit à prendre on occurrence of events 114(5)20 working days
For person to object to application to record extinguishment of redundant easements 115(5)20 working days
For person to lodge caveat against application for record of title based on adverse possessions 161(1)60 working days
For caveator to establish claim, etc, to prevent lapse of caveat against application for record of title based on adverse possessions 165(2)60 working days
For applicant (for adverse possession) to give notice for title to become subject to caveator’s estate or interests 166(2)60 working days
For caveator to establish claim, etc, to prevent lapse of caveat against application for record of title based on adverse possessions 167(3)60 working days
For applicant (for adverse possession) to give notice for title to become subject to caveats 167(7)(b)60 working days
For person to lodge caveat preventing land being brought under Acts 173(1)40 working days
For person to lodge caveat preventing grant of application for record of title to access strips 186(1)40 working days
For person to lodge caveat against removal of limitation from record of title limited as to parcelss 202(1)(b)40 working days
28 Periods relating to notices given under Land Transfer (Hawke’s Bay) Act 1931

The prescribed periods for the purposes of certain provisions of the Land Transfer (Hawke’s Bay) Act 1931 are as follows:

Provision of that ActPeriod
s 11(4)20 working days after the date on which the notice is first published under that provision
s 17(5)6 months after the date on which the notice is given to the proprietor under that provision
29 Notices and objections about certain alterations to register

(1)

This regulation specifies the process for notices and objections under section 21(2)(b) of the Act (where altering the register under section 21(1)(a), (b), or (c) of the Act would materially affect the registered estate or interest of any person).

(2)

The Registrar’s notice of intention to alter the register—

(a)

must be given to every person whose registered estate or interest would be materially affected by the alteration; and

(b)

must specify the details of the alteration; and

(c)

must state that the person may object to the alteration by giving notice to the Registrar in accordance with section 222 of the Act within 30 working days after the date on which the Registrar’s notice is given to the person.

(3)

The Registrar must consider whether each objection received by the deadline is material.

30 Certificate with notice by flat or office owning company to end licence subject to mortgage

(1)

This regulation applies to the certificate a company must present to the Registrar under section 132(1)(b)(i) of the Act if the company cancels, revokes, or rescinds a registered licence that is subject to a registered mortgage.

(2)

The certificate must include—

(a)

the unique identifier of the record of title for the land to which the licence relates; and

(b)

the unique identifier of the licence; and

(c)

the full name of the licensee; and

(d)

the unique identifier of the mortgage.

31 Change of address for notice about certain caveats

A caveator may, before the Registrar receives an application under section 143(1) of the Act for the caveat to lapse, give the Registrar notice of the caveator’s new address for receiving notices about the caveat.

Compensation

32 Claim for compensation

(1)

A notice of a claim that is given under section 62(1) of the Act must contain the following information:

(a)

a statement that the notice is a claim for compensation given under section 62(1) of the Act:

(b)

the date of the notice:

(c)

the amount of the claim:

(d)

the recipient of the notice (see subclause (2)).

(2)

For the purposes of sections 62(1)(a) and 63(1) of the Act,—

(a)

a claim of $10,000 or less must be made to the Registrar alone, who may accept liability for payment:

(b)

a claim of more than $10,000 must be made to the Attorney-General and the Registrar, who may accept liability for payment.

33 Interest rate for inclusion in compensation

Interest awarded as part of an amount of compensation is to be calculated in accordance with Schedule 2 of the Interest on Money Claims Act 2016 (see section 70 of the Act).

Fees

34 Fees

(1)

The fees specified in Schedule 7 are payable in respect of the matters specified in that schedule.

(2)

The specified fees are inclusive of goods and services tax.

(3)

The fees are payable to the Registrar by—

(a)

the person who requested or initiated the matter; or

(b)

in any other case, the person to whom the matter relates.

(4)

In Part 1 of Schedule 7, approved electronic facility means—

(a)

an electronic workspace facility; or

(b)

another electronic facility approved by the Registrar that provides a copy of a record of title or an instrument without the need for any individual (whether the Registrar or someone acting for the Registrar) to be involved in providing it.

(5)

Subclause (6) applies if an instrument combines any of the following that could have been provided for in 2 or more instruments (the potential instruments):

(a)

2 or more dealings:

(b)

dealings with land recorded in 2 or more records of title that are in different ownership.

(6)

Any fees payable for receiving, and registering or noting, an instrument are payable for each of the potential instruments.

(7)

If the Registrar accepts a credit arrangement for payment of a fee (see section 229(2)(b) of the Act), and a person fails to pay the fee as required by the arrangement, the person must pay to the Registrar interest on the unpaid fee—

(a)

calculated in accordance with Schedule 2 of the Interest on Money Claims Act 2016; and

(b)

for the period from the date on which the fee should have been paid to the date on which it is paid.

Schedule 1 Transitional, savings, and related provisions

r 4

Part 1 Provision relating to these regulations as made

1 Rights and powers implied in existing easements

Regulation 21 applies only to an easement registered on or after the commencement of these regulations, so that the rights and powers implied in an easement registered before that commencement are not affected.

Schedule 2 Instruments: additional information and accompanying documents required

r 5

Column 1Column 2Column 3Column 4
InstrumentProvisionAdditional information requiredAccompanying documents required
Application to correct or change namer 17

The full name recorded in the register that has an error or has changed

For a paper instrument, documents that evidence the grounds for the application

Application to record boundary change resulting from accretion or erosion

r 17

A description of the land incorporating accretion or excluding erosion

The full name and address, if known to the applicant, of every owner of land adjoining or opposite the accretion

Evidence that establishes a boundary change resulting from accretion or erosion

Application to cancel fencing covenant or fencing agreement

r 19

Transfer instrument to transfer estate or interest in land or to assign benefit of certain covenants in gross

s 73 of the Act

If the transferor is not the registered owner of the estate or interest (for example, for a transfer by a mortgagee under a power of sale),—

(a)

the full name of the registered owner:

(b)

a full description of the authority for the transfer

Any status affecting the legal capacity of the transferee

Transmission instrument

s 87 of the Act

The full name of the registered owner of the estate or interest

The grounds for the transmission (for example, as survivor of a joint tenancy, as executor or administrator of an estate, or as successor on amalgamation of companies)

The date on which the applicant became entitled to the estate or interest

The trusts or equities affecting the estate or interest (if any)

For a paper instrument, evidence that establishes the applicant’s entitlement to the estate or interest

Application to register vesting under enactments 90 of the Act

A full description of the basis for the vesting, including a reference to the provision of the enactment

The full name of the registered owner of the estate or interest

For a paper instrument, evidence that establishes the applicant’s entitlement to the estate or interest

Lease instruments 91 of the Act

An operative provision that gives effect to the purpose of the instrument

The term of the lease

The rent payable under the lease

The other terms of the lease (including covenants and conditions), if applicable

An application to register the lease as a replacement lease under section 95 of the Act, if applicable

Lease variation instruments 92 of the Act

An operative provision that gives effect to the purpose of the instrument

The extended term of the lease, if applicable

The covenants or conditions of the lease, as varied, if applicable

Lease surrender instruments 94 of the Act

An operative provision that gives effect to the purpose of the instrument

Application to note merger of estate or interest (other than easement or profit à prendre)

r 18

A description of the grounds for the merger

Evidence that establishes that there are no estates or interests in law or equity that prevent the merger of the estate or interest to be merged

For the merger of a leasehold estate under section 96 of the Act, the consent (if any) of the registered owner of burdened land under section 96(2)(b)(ii) of the Act

Application to note re-entry by lessor

s 98 of the Act

A full description of the grounds for the application

Evidence that establishes that the application complies with the requirements of section 98 of the Act

Mortgage instrument

s 100(1) of the Act

The amount or stated priority limit secured by the mortgage, if applicable

The other terms of the mortgage (including covenants, conditions, and powers), if applicable

Encumbrance instruments 100(3) of the Act

An operative provision that gives effect to the purpose of the instrument

The nature of the security (whether an amount of money, an annuity, or a rentcharge)

The amount secured by the encumbrance

The other terms of the encumbrance (including covenants, conditions, and powers), if applicable

Mortgage variation instruments 101 of the Act

The variations of the terms of the mortgage (including covenants, conditions, and powers)

Mortgage priority instruments 102 of the Act

The priority that the mortgages are to have (see section 102(2) of the Act)

Mortgage discharge instruments 104 of the Act

Application to register discharge of mortgage securing annuity or rentcharges 106 of the Act

A full description of the basis for the application

Evidence that establishes that the application complies with the requirements of section 106(1) or (2) of the Act

Easement instrument, or transfer instrument, to create easement or profit à prendre

s 73, 108, or 109 of the Act

An operative provision that gives effect to the purpose of the instrument

For the creation of an easement, the class of easement

The following details of the easement or profit à prendre:

(a)

its purpose; and

(b)

that it is granted in gross, if applicable; and

(c)

which land is the burdened land and, if applicable, the benefited land; and

(d)

a description of how it is shown on a survey plan, if applicable; and

(e)

any other terms, including, if applicable, the rights and powers of an easement that are varied, included, or excluded under section 111(3) of the Act

Easement instrument, or transfer instrument, to surrender easement or profit à prendre

s 73, 108, or 109 of the Act

An operative provision that gives effect to the purpose of the instrument

Easement variation instruments 112 of the Act

An operative provision that gives effect to the purpose of the instrument

The variations or additions to, or exclusions of, the rights and powers that apply to the easement or profit à prendre

Application to record merger, or extinguishment through lapse of time, of easement or profit à prendres 113 of the Act

Evidence that establishes that the easement or profit à prendre has merged or was granted for a fixed period of time that has elapsed

Application to record extinguishment of easement or profit à prendre on occurrence of events 114 of the Act

Evidence that establishes that an event has occurred that brings the easement or profit à prendre to an end

Application to record extinguishment of redundant easements 115 of the Act

Evidence that establishes that the easement is redundant

Covenant instrument, or transfer instrument, to note certain covenants

s 73 or 116(1) or (2) of the Act

An operative provision that gives effect to the purpose of the instrument

The following details of the covenant:

(a)

its type; and

(b)

that it is granted in gross, if applicable; and

(c)

which land is the burdened land and, if applicable, the benefited land; and

(d)

a description of how it is shown on a survey plan, if applicable; and

(e)

the other terms of the covenant

Covenant instrument to revoke certain covenants

s 116(1) of the Act

An operative provision that gives effect to the purpose of the instrument

The following details of the covenant:

(a)

its type; and

(b)

that it was granted in gross, if applicable; and

(c)

which land is the burdened land and, if applicable, the benefited land; and

(d)

a description of how it is shown on a survey plan, if applicable

Covenant variation instruments 116(3) of the Act

An operative provision that gives effect to the purpose of the instrument

The terms by which the covenant is affected or modified

Notice to register statutory land charge

s 118 of the Act

The amount secured by the charge

The provision of the enactment under which the charge was created or arose

Certificate of release of statutory land charge

s 120(1) of the Act

A statement of whether the land is to be released from the whole or part of the charge and, if in part, a description of the part

Application for release of statutory land charge

s 120(3) of the Act

A statement of whether the land is to be released from the whole or part of the charge and, if a part, a description of the part

Evidence that establishes that the application complies with the requirements of section 120(3) of the Act

Licence to occupys 124 of the Act

Notice of cancellation, revocation, or rescission of licences 132 of the Act

Licence surrender instruments 133 of the Act

An operative provision that gives effect to the purpose of the instrument

Caveat against dealings documents 138 of the Act

A description of the nature of the estate or interest claimed by the caveator (which must be stated with sufficient certainty) or, for a caveat under section 138(1)(d)(ii) of the Act, the matters that establish that there is a risk that the estate or interest may be lost through fraud

Details of how the estate or interest claimed is derived from the registered owner

Withdrawal of caveat against dealingss 144 of the Act

Application for record of title based on adverse possession

s 155 of the Act

The physical address of the land to which the application relates, if known to the applicant

The full name and address of the following, if known to the applicant:

(a)

every person who has or may have an estate or interest in any land to which the application relates:

(b)

every person, other than the applicant, who is an owner or occupier of adjoining land

Evidence that establishes that the application complies with subpart 1 of Part 4 of the Act (see sections 155 and 157 to 159 of the Act)

Caveat document against application for record of title based on adverse possessions 162 of the Act

A full description of the basis for the caveat in terms of sections 162(1) and 164 to 167 of the Act

Application to bring land under Act

s 172 of the Act

The physical address of the land to which the application relates, if known to the applicant

A full description of the basis for the application, including which paragraph of section 172(1) of the Act the applicant claims applies

The full name and address of the following, if known to the applicant:

(a)

every person who has or may have an estate or interest in the land:

(b)

every person, other than the applicant, who is an occupier of the land or an owner or occupier of adjoining land

Evidence that establishes that the application complies with subpart 2 of Part 4 of the Act (see sections 171 and 172 of the Act)

Caveat document against bringing land under Acts 174 of the Act

A full description of the basis for the caveat in terms of section 174(1)(a) or (b) of the Act

Application for record of title to access strip

s 185 of the Act

The physical address of the access strip, and of each lot adjoining the access strip for which an applicant is the registered owner, if known to the applicant

The full name and address, if known to the applicant, of every owner of a freehold estate in the access strip

Evidence that establishes that the application complies with subpart 3 of Part 4 of the Act

Caveat document against application for record of title to access strips 187 of the Act

A full description of the basis for the caveat in terms of section 187(1) of the Act

Application for freehold estate in land with limited record of title

s 204 of the Act

The physical address of the land to which the application relates, if known to the applicant

The full name and address of the following, if known to the applicant:

(a)

every person who has an estate or interest in the land:

(b)

every person, other than the applicant, who is an occupier of the land or an owner or occupier of adjoining land

Evidence that establishes that the application complies with subpart 2 of Part 4 of the Act (see sections 171 and 172 of the Act), as applied by section 204(2) and (3)

Caveat document against record of title limited as to parcelss 207 of the Act

A full description of the basis for the caveat in terms of section 207(1) of the Act

Notice of claim to interests 42(2) of the Property (Relationships) Act 1976

The information required for the notice by regulation 4 of the Property (Relationships) Forms Regulations 2001

Application to register settlement of land as joint family home

s 4, 5, or 12A of the Joint Family Homes Act 1964

The information required for the application by regulation 3 or 3A of the Joint Family Homes Regulations 1965

Any consent required by section 5(1) of the Joint Family Homes Act 1964

Caveat document against application to register settlement of land as joint family homes 6(1) of the Joint Family Homes Act 1964

The information required for the caveat by regulation 6 of the Joint Family Homes Regulations 1965

Application to cancel registration of settlement of land as joint family homes 10 of the Joint Family Homes Act 1964

The information required for the application by regulation 12 of the Joint Family Homes Regulations 1965

Instrument creating esplanade strips 232 or 235 of the Resource Management Act 1991

The information required for the instrument by regulation 14 of the Resource Management (Forms, Fees, and Procedure) Regulations 2003

Instrument creating easement for access strips 237B of the Resource Management Act 1991

The information required for the instrument by regulation 14 of the Resource Management (Forms, Fees, and Procedure) Regulations 2003

Covenant against transfer, lease, or other disposition of part of lands 240 of the Resource Management Act 1991

A description of the covenant

Application to deposit unit plan

s 17, 21, 24, 30, or 68, or subpart 3 of Part 4, of the Unit Titles Act 2010

The information required for the application by regulation 37 and form 1 of Schedule 2 of the Unit Titles Regulations 2011

Caveat document forbidding subdivision of lands 195(3) of the Unit Titles Act 2010

The information required for the caveat by regulation 37 and form 25 of Schedule 2 of the Unit Titles Regulations 2011

Discharge instrument to release charge, or record cancellation or expiry of interest, under another enactment

Various enactments

Schedule 3 Instruments: certification and execution

rr 7, 11, 13, 14

Column 1Column 2Column 3Column 4Column 5Column 6Column 7
Electronic and paper instrumentsElectronic instrumentsPaper instruments
InstrumentProvisionParties who execute instrumentMatters to be certifiedParty for whom certifier has authority to actMatters to be certifiedParty who (or whose practitioner) must certify instrument

Application to correct or change name

r 17Applicant

Standard matters

ApplicantComprehensive mattersApplicant

Application to record boundary change resulting from accretion or erosion

r 17Applicant

Standard matters

ApplicantComprehensive mattersApplicant

Application to cancel fencing covenant or fencing agreement

r 19Applicant

Standard matters

ApplicantComprehensive mattersApplicant

Transfer instrument to transfer estate or interest in land or to assign benefit of certain covenants in gross

s 73 of the Act

Transferor

Any other person bound by a covenant in the instrument

Standard matters

The following applicable additional matters:

(a)

Māori freehold land compliance:

(b)

caveator or claimant consent:

(c)

chargeholder consent:

(d)

licensor or lessor consent or Commissioner given notice

Transferor

Transferee

Comprehensive matters

Transferee

Transmission instrument

s 87 of the ActApplicant

Standard matters

Applicable additional matter: transmission

ApplicantComprehensive mattersApplicant
Application to register vesting under enactments 90 of the ActApplicant

Standard matters

Applicable additional matter: transmission

ApplicantComprehensive mattersApplicant
Lease instruments 91 of the Act

Lessor

Lessee

Standard matters

The following applicable additional matters:

(a)

Māori freehold land compliance:

(b)

caveator or claimant consent:

(c)

chargeholder consent:

(d)

mortgagee consent:

(e)

licensor or lessor consent or Commissioner given notice

Lessor

Lessee

Comprehensive mattersLessee
Lease variation instruments 92 of the Act

Lessor

Lessee

Standard matters

The following applicable additional matters:

(a)

Māori freehold land compliance:

(b)

caveator or claimant consent:

(c)

chargeholder consent:

(d)

mortgagee consent

Lessor

Lessee

Comprehensive mattersLessee
Lease surrender instruments 94 of the Act

Lessor

Lessee

Standard matters

The following applicable additional matters:

(a)

Māori freehold land compliance:

(b)

caveator or claimant consent:

(c)

chargeholder consent:

(d)

mortgagee consent

Lessor

Lessee

Comprehensive mattersLessor

Application to note merger of estate or interest (other than easement or profit à prendre)

r 18

Applicant

Standard matters

Applicant

Comprehensive matters

Applicant

Application to note re-entry by lessor

s 98 of the ActApplicant

Standard matters

Applicant

Comprehensive matters

Applicant

Mortgage instrument

s 100(1) of the ActMortgagor

Standard matters

The following applicable additional matters:

(a)

Māori freehold land compliance:

(b)

caveator or claimant consent:

(c)

chargeholder consent

Mortgagor

Mortgagee

Comprehensive mattersMortgagee
Encumbrance instruments 100(3) of the ActEncumbrancer

Standard matters

The following applicable additional matters:

(a)

Māori freehold land compliance:

(b)

caveator or claimant consent:

(c)

chargeholder consent

Encumbrancer

Encumbrancee

Comprehensive mattersEncumbrancee
Mortgage variation instruments 101 of the Act

Mortgagor, unless the variation only reduces the amount secured or the stated priority limit or the rate of interest

Mortgagee, unless the variation only increases the amount secured or the stated priority limit or the rate of interest

Standard matters

The following applicable additional matters:

(a)

Māori freehold land compliance:

(b)

caveator or claimant consent:

(c)

chargeholder consent:

(d)

submortgagee consent:

(e)

mortgagee consent

Mortgagor

Mortgagee

Comprehensive matters

Mortgagee or, if mortgagor has not executed the instrument, mortgagor

Mortgage priority instruments 102 of the Act

Mortgagor

Mortgagee under a mortgage that will rank after a mortgage over which it had priority immediately before registration of the instrument

Standard matters

The following applicable additional matters:

(a)

Māori freehold land compliance:

(b)

caveator or claimant consent:

(c)

chargeholder consent:

(d)

submortgagee consent

Mortgagor

Mortgagee under each mortgage whose priority is affected by registration of the instrument

Comprehensive matters

Mortgagee under a mortgage that will rank before a mortgage that had priority over it immediately before registration of the instrument

Mortgage discharge instruments 104 of the ActMortgagee

Standard matters

MortgageeComprehensive mattersMortgagor
Application to register discharge of mortgage securing annuity or rentcharges 106 of the ActApplicant

Standard matters

ApplicantComprehensive mattersApplicant

Easement instrument, or transfer instrument, to create easement or profit à prendre

s 73, 108, or 109 of the Act

Grantor

Grantee

Standard matters

The following applicable additional matters:

(a)

Māori freehold land compliance:

(b)

caveator or claimant consent:

(c)

chargeholder consent:

(d)

mortgagee consent

Grantor

Grantee

Comprehensive matters

Grantee

Easement instrument, or transfer instrument, to surrender easement or profit à prendre

s 73, 108, or 109 of the Act

Grantor

Grantee

Standard matters

The following applicable additional matters:

(a)

Māori freehold land compliance:

(b)

caveator or claimant consent:

(c)

chargeholder consent:

(d)

mortgagee consent:

(e)

territorial authority consent

Grantor

Grantee

Comprehensive matters

Grantor

Easement variation instruments 112 of the Act

Grantor

Grantee

Standard matters

The following applicable additional matters:

(a)

Māori freehold land compliance:

(b)

caveator or claimant consent:

(c)

chargeholder consent:

(d)

mortgagee consent:

(e)

territorial authority consent

Grantor

Grantee

Comprehensive matters

Grantee

Application to record merger, or extinguishment through lapse of time, of easement or profit à prendres 113 of the ActApplicant

Standard matters

ApplicantComprehensive mattersApplicant
Application to record extinguishment of easement or profit à prendre on occurrence of events 114 of the ActApplicant

Standard matters

ApplicantComprehensive mattersApplicant
Application to record extinguishment of redundant easements 115 of the ActApplicant

Standard matters

ApplicantComprehensive mattersApplicant

Covenant instrument, or transfer instrument, to note certain covenants

s 73 or 116(1) or (2) of the Act

Covenantor

Covenantee

Standard matters

The following applicable additional matters:

(a)

Māori freehold land compliance:

(b)

caveator or claimant consent:

(c)

chargeholder consent

Covenantor

Covenantee

Comprehensive matters

Covenantee

Covenant instrument to revoke certain covenants

s 116(1) of the Act

Covenantor

Covenantee

Standard matters

The following applicable additional matters:

(a)

Māori freehold land compliance:

(b)

caveator or claimant consent:

(c)

chargeholder consent

Covenantor

Covenantee

Comprehensive matters

Covenantor

Covenant variation instruments 116(3) of the Act

Covenantor

Covenantee

Standard matters

The following applicable additional matters:

(a)

Māori freehold land compliance:

(b)

caveator or claimant consent:

(c)

chargeholder consent

Covenantor

Covenantee

Comprehensive matters

Covenantee

Notice to register statutory land charges 118 of the Act

Person entitled to the benefit of the charge

That the notice is lodged under the provision of the enactment specified in the notice

Person entitled to the benefit of the charge

Simple matter

Person entitled to the benefit of the charge

Certificate of release of statutory land charge

s 120(1) of the Act

Person entitled to the benefit of the charge

Standard matters

Person entitled to the benefit of the charge

Comprehensive matters

Person entitled to the benefit of the charge

Application for release of statutory land charge

s 120(3) of the ActApplicant

Standard matters

ApplicantComprehensive mattersApplicant
Licence to occupys 124 of the Act

Licensor

Licensee

Standard matters

The following applicable additional matters:

(a)

Māori freehold land compliance:

(b)

caveator or claimant consent:

(c)

chargeholder consent:

(d)

mortgagee consent

Licensor

Licensee

Comprehensive matters

Licensee

Notice of cancellation, revocation, or rescission of licences 132 of the ActLicensor

Standard matters

The following applicable additional matters:

(a)

Māori freehold land compliance:

(b)

caveator or claimant consent:

(c)

chargeholder consent

LicensorComprehensive mattersLicensor
Licence surrender instruments 133 of the Act

Licensor

Licensee

Standard matters

The following applicable additional matters:

(a)

Māori freehold land compliance:

(b)

caveator or claimant consent:

(c)

chargeholder consent

Licensor

Licensee

Comprehensive mattersLicensor
Caveat against dealings documents 138 of the Act

Caveator (or caveator’s agent)

Standard matters

Caveator

Withdrawal of caveat against dealingss 144 of the Act

Caveator (or caveator’s agent)

Standard matters

CaveatorComprehensive matters

Application for record of title based on adverse possession

s 155 of the ActApplicant

Standard matters

ApplicantComprehensive mattersApplicant
Caveat document against application for record of title based on adverse possessions 162 of the Act

Caveator (or caveator’s agent)

Standard matters

Caveator

Application to bring land under Act

s 172 of the ActApplicant

Standard matters

ApplicantComprehensive mattersApplicant
Caveat document against bringing land under Acts 174 of the Act

Caveator (or caveator’s agent)

Standard matters

Caveator

Application for record of title to access strip

s 185 of the ActApplicant

Standard matters

ApplicantComprehensive mattersApplicant
Caveat document against application for record of title to access strips 187 of the Act

Caveator (or caveator’s agent)

Standard matters

Caveator

Application for freehold estate in land with limited record of title

s 204 of the ActApplicant

Standard matters

ApplicantComprehensive mattersApplicant
Caveat document against record of title limited as to parcelss 207 of the Act

Caveator (or caveator’s agent)

Standard matters

Caveator

Notice of claim to interests 42(2) of the Property (Relationships) Act 1976Claimant

Standard matters

Claimant

Application to register settlement of land as joint family home

s 4, 5, or 12A of the Joint Family Homes Act 1964Applicant

Standard matters

The following applicable additional matters:

(a)

Māori freehold land compliance:

(b)

caveator or claimant consent:

(c)

chargeholder consent:

(d)

licensor or lessor consent or Commissioner given notice

ApplicantSimple matterApplicant
Caveat document against application to register settlement of land as joint family homes 6(1) of the Joint Family Homes Act 1964

Caveator

Standard matters

Caveator

Application to cancel registration of settlement of land as joint family homes 10 of the Joint Family Homes Act 1964Applicant

Standard matters

ApplicantSimple matterApplicant
Instrument creating esplanade strips 232 or 235 of the Resource Management Act 1991

Grantor

Grantee

Standard matters

The following applicable additional matters:

(a)

Māori freehold land compliance:

(b)

caveator or claimant consent:

(c)

chargeholder consent:

(d)

mortgagee consent

Grantor

Grantee

Simple matterGrantee
Instrument creating easement for access strips 237B of the Resource Management Act 1991

Grantor

Grantee

Standard matters

The following applicable additional matters:

(a)

Māori freehold land compliance:

(b)

caveator or claimant consent:

(c)

chargeholder consent:

(d)

mortgagee consent

Grantor

Grantee

Simple matterGrantee
Covenant against transfer, lease, or other disposition of part of lands 240 of the Resource Management Act 1991

Registered owner of the land

Territorial authority for the district

Standard matters

Registered owner of the land

Territorial authority for the district

Simple matter

Territorial authority for the district

Application to deposit unit plan

s 17, 21, 24, 30, or 68, or subpart 3 of Part 4, of the Unit Titles Act 2010Applicant

Standard matters

The following applicable additional matters:

(a)

Māori freehold land compliance:

(b)

caveator or claimant consent:

(c)

chargeholder consent:

(d)

mortgagee consent

ApplicantSimple matterApplicant
Caveat document forbidding subdivision of lands 195(3) of the Unit Titles Act 2010

Caveator

Standard matters

Caveator

Discharge instrument to release charge, or record cancellation or expiry of interest, under another enactment

Various enactments

The person authorised by the enactment to require the Registrar to give effect to the instrument

Standard matters

The person authorised by the enactment to require the Registrar to give effect to the instrument

Comprehensive matters

The person authorised by the enactment to require the Registrar to give effect to the instrument

Schedule 4 Conditions and powers implied in mortgage with postponed priority

r 20

1

The mortgagor must—

(a)

duly and punctually pay all principal, interest, and other amounts secured by a mortgage (mortgage A) that has priority to the postponed mortgage (mortgage B); and

(b)

perform and observe all the covenants and conditions contained or implied in mortgage A.

2(1)

The mortgagee may, but is not required to, do 1 or both of the following if the mortgagor is in default in the payment, performance, or observance referred to in clause 1:

(a)

pay amounts secured by mortgage A:

(b)

perform or observe any of the covenants and conditions contained or implied in mortgage A.

(2)

Clause 10 of Part 1 of Schedule 2 of the Property Law Act 2007 applies (with all necessary modifications) to amounts paid and expenses incurred in performing or observing the covenants or conditions of mortgage A.

3

Compliance with provisions of mortgage A that relate to insurance against loss or damage by fire or earthquake must be treated, so far as it extends, as compliance with provisions contained or implied in mortgage B that relate to the same kind of insurance.

4

Provisions in mortgage B that refer to a particular mortgage A must be treated as referring to any mortgage A.

Schedule 5 Rights and powers implied in easements

r 21

1 Interpretation

In this schedule, unless the context otherwise requires,—

benefited land, in relation to an easement that benefits land, means the land that takes the benefit of the easement and that is described by reference to the register in the relevant easement instrument, transfer instrument, or deposit document

burdened land, in relation to an easement,—

(a)

means the land over which the easement is registered and that is described by reference to the register in the relevant easement instrument, transfer instrument, or deposit document; and

(b)

includes the easement area

easement area, in relation to an easement, means the area that—

(a)

is shown on a plan; and

(b)

is referred to in the relevant easement instrument, transfer instrument, or deposit document as the area to which the easement applies

easement facility,—

(a)

for a right to convey water, means pipes, pumps, pump sheds, storage tanks, water purifying equipment, other equipment suitable for that purpose (whether above or under the ground), and anything in replacement or substitution:

(b)

for a right to convey electricity or a right to convey telecommunications, means wires, cables (containing wire or other media conducting materials), ducts, surface boxes, towers, poles, transformers, switching gear, other equipment suitable for that purpose (whether above or under the ground), and anything in replacement or substitution:

(c)

for a right of way, means the surface of the land described as the easement area, including any driveway:

(d)

for a right to drain water, means pipes, conduits, open drains, pumps, tanks (with or without headwalls), manholes, valves, surface boxes, other equipment suitable for that purpose (whether above or under the ground), and anything in replacement or substitution:

(e)

for a right to drain sewage, means pipes, conduits, pumps, tanks (with or without headwalls), manholes, valves, surface boxes, other equipment suitable for that purpose (whether above or under the ground), and anything in replacement or substitution:

(f)

for a right to convey gas, means pipes, conduits, valves, other equipment suitable for that purpose (whether above or under the ground), and anything in replacement or substitution

grantee and grantor

(a)

have the meanings given by section 107 of the Act; and

(b)

in clauses 3 to 9 and 12(1), include those persons’ agents, employees, contractors, tenants, licensees, and invitees

repair and maintenance, in relation to an easement facility, includes the replacement of the easement facility

telecommunication means the conveyance by electromagnetic means from one device to another of any encrypted or non-encrypted sign, signal, impulse, writing, image, sound, instruction, information, or intelligence of any nature, whether for the information of any person using the device or not.

2 Classes of easement

For the purposes of regulation 21, easements are classified by reference to the following rights:

(a)

a right to convey water:

(b)

a right to drain water:

(c)

a right to drain sewage:

(d)

a right of way:

(e)

a right to convey electricity:

(f)

a right to convey telecommunications:

(g)

a right to convey gas.

Rights and powers implied in easements granting certain rights

3 Right to convey water

(1)

A right to convey water includes the right for the grantee, in common with the grantor and other persons to whom the grantor may grant similar rights, at all times, to take and convey water in free and unimpeded flow from the source of supply or point of entry through the easement facility and over the easement area and (for an easement that benefits land) to the benefited land.

(2)

The right to take and convey water in free and unimpeded flow is limited to the extent required by any period of necessary cleansing, renewal, modification, or repair of the easement facility.

(3)

The easement facility for the relevant easement is the easement facility laid or to be laid along the easement area in accordance with clause 10(1).

(4)

The grantor must not do and must not allow to be done anything on the burdened land that may cause the purity or flow of water in the water supply system to be polluted or diminished.

4 Right to drain water

(1)

A right to drain water includes the right for the grantee, in common with the grantor and other persons to whom the grantor may grant similar rights, at all times, to convey water (whether sourced from rain, springs, soakage, or seepage) in any quantity—

(a)

from the benefited land through the easement facility and over the easement area; or

(b)

for an easement in gross, through the easement facility and over the easement area.

(2)

The right to drain water is limited to the extent required by any period of necessary cleansing, renewal, modification, or repair of the easement facility.

(3)

The easement facility for the relevant easement is the easement facility laid or to be laid along the easement area in accordance with clause 10(1).

5 Right to drain sewage

(1)

A right to drain sewage includes the right for the grantee, in common with the grantor and other persons to whom the grantor may grant similar rights, at all times, to drain, discharge, and convey sewage and other waste material and waste fluids in any quantity—

(a)

from the benefited land through the easement facility and over the easement area; or

(b)

for an easement in gross, through the easement facility and over the easement area.

(2)

The right to drain, discharge, and convey sewage and other waste material and waste fluids is limited to the extent required by any period of necessary cleansing, renewal, modification, or repair of the easement facility.

(3)

The easement facility for the relevant easement is the easement facility laid or to be laid along the easement area in accordance with clause 10(1).

6 Rights of way

(1)

A right of way includes the right for the grantee, in common with the grantor and other persons to whom the grantor may grant similar rights, at all times, to go over and along the easement facility.

(2)

The right to go over and along the easement facility includes the right to go over and along the easement facility with or without any kind of—

(a)

vehicle, machinery, or implement; or

(b)

domestic animal or (if the burdened land is rural land) farm animal.

(3)

A right of way includes the right to have the easement facility kept clear at all times of obstructions (whether caused by parked vehicles, deposit of materials, or unreasonable impediment) to the use and enjoyment of the easement facility.

(4)

The right to go over and along the easement facility, and to have the easement facility kept clear, is limited to the extent required by any period of necessary repair or maintenance of the easement facility.

(5)

The easement facility for the relevant easement is the surface of the land described as the easement area, including any easement facility laid or to be laid along the easement area in accordance with clause 10(1).

7 Right to convey electricity

(1)

A right to convey electricity includes the right for the grantee, in common with the grantor and other persons to whom the grantor may grant similar rights, at all times, to lead and convey electricity and electrical impulses without interruption or impediment from the point of entry through the easement facility and over the easement area and (for an easement that benefits land) to the benefited land.

(2)

The right to convey electricity without interruption or impediment is limited to the extent required by any period of necessary renewal or repair of the easement facility.

(3)

The easement facility for the relevant easement is the easement facility laid or to be laid along the easement area in accordance with clause 10(1).

8 Right to convey telecommunications

(1)

A right to convey telecommunications includes the right for the grantee, in common with the grantor and other persons to whom the grantor may grant similar rights, at all times, to lead and convey telecommunications without interruption or impediment through the easement facility and over the easement area and (for an easement that benefits land) to and from the benefited land.

(2)

The right to convey telecommunications without interruption or impediment is limited to the extent required by any period of necessary renewal or repair of the easement facility.

(3)

The easement facility for the relevant easement is the easement facility laid or to be laid along the easement area in accordance with clause 10(1).

9 Right to convey gas

(1)

A right to convey gas includes the right for the grantee, in common with the grantor and other persons to whom the grantor may grant similar rights, at all times, to lead and convey gas without interruption or impediment from the point of entry through the easement facility and over the easement area and (for an easement that benefits land) to the benefited land.

(2)

The right to lead and convey gas without interruption or impediment is limited to the extent required by any period of necessary renewal or repair of the easement facility.

(3)

The easement facility for the relevant easement is the easement facility laid or to be laid along the easement area in accordance with clause 10(1).

Rights and powers implied in all classes of easement

10 General rights

(1)

All of the easements referred to in this schedule include—

(a)

the right to use any easement facility already situated in the easement area for the purpose of the easement granted; and

(b)

if no suitable easement facility exists in the easement area, the right to lay, install, and construct in the easement area (including the right to excavate land for the purpose of that construction) an easement facility that the grantee reasonably requires and for which the grantor has given prior consent; and

(c)

the right to repair and maintain the easement facility.

(2)

The grantor must not unreasonably withhold consent under subclause (1)(b).

(3)

The grantor must not do and must not allow to be done on the burdened land anything that may interfere with or restrict the rights of any other party or interfere with the efficient operation of the easement facility.

(4)

The grantee must not do and must not allow to be done on the benefited land (if any) or the burdened land anything that may interfere with or restrict the rights of any other party or interfere with the efficient operation of the easement facility.

(5)

To avoid doubt, all the easements referred to in this schedule (other than for a right to convey electricity) include the right to convey any electricity necessary to operate a pump or other equipment that is part of the easement facility.

11 Repair, maintenance, and costs

(1)

If the 1 or more grantees have exclusive use of the easement facility, each grantee is responsible for arranging the repair and maintenance of the easement facility, and for the associated costs, so as to keep the facility in good order and to prevent it from becoming a danger or nuisance.

(2)

If the 1 or more grantees and the grantor share the use of the easement facility, each of them is responsible equally for the repair and maintenance of the easement facility, and for the associated costs, for the purposes set out in subclause (1).

(3)

If the easement is in gross, the grantee bears the cost of all work done outside the burdened land.

(4)

The parties responsible for maintenance under subclause (1), (2), or (5) (as the case may be) must meet any associated requirements of the relevant local authority.

(5)

Any repair or maintenance of the easement facility that is attributable solely to an act or omission by the grantor or the grantee must be promptly carried out by that grantor or grantee at their sole cost.

(6)

However, if the repair and maintenance of the easement facility is only partly attributable to an act or omission by the grantor or grantee,—

(a)

that party must pay the portion of the costs of the repair and maintenance that is attributable to that act or omission; and

(b)

the balance of those costs is payable in accordance with subclause (2).

(7)

The costs of any electricity used for the conveyance of water must be apportioned between users of the water in proportion to their usage of the water.

12 Rights of entry

(1)

The grantee may, for the purpose of exercising any right or power, or performing any related duty, implied in an easement by these regulations,—

(a)

enter upon the burdened land by a reasonable route and with all necessary tools, vehicles, and equipment; and

(b)

remain on the burdened land for a reasonable time for the sole purpose of completing the necessary work; and

(c)

leave any vehicles or equipment on the burdened land for a reasonable time if work is proceeding.

(2)

However, the grantee must first give reasonable notice to the grantor.

(3)

The grantee must ensure that as little damage or disturbance as possible is caused to the burdened land or to the grantor.

(4)

The grantee must ensure that all work is performed properly.

(5)

The grantee must ensure that all work is completed promptly.

(6)

The grantee must immediately make good any damage done to the burdened land by restoring the surface of the land as nearly as possible to its former condition.

(7)

The grantee must compensate the grantor for all damage caused by the work to any crop (whether ready for harvest or not) or to any buildings, erections, or fences on the burdened land.

13 Default

If the grantor or the grantee does not meet the obligations implied or specified in any easement,—

(a)

the party not in default may serve on the defaulting party written notice requiring the defaulting party to meet a specific obligation and stating that, after the expiration of 10 working days from service of the notice of default, the other party may meet the obligation; and

(b)

if, at the expiry of the 10-working-day period, the party in default has not met the obligation, the other party may—

(i)

meet the obligation; and

(ii)

for that purpose, enter the burdened land; and

(c)

the party in default is liable to pay the other party the cost of preparing and serving the default notice and the costs incurred in meeting the obligation; and

(d)

the other party may recover from the party in default, as a liquidated debt, any money payable under this clause.

14 Disputes

If a dispute in relation to an easement arises between parties who have a registered interest under the easement,—

(a)

the party initiating the dispute must provide full written particulars of the dispute to the other party; and

(b)

the parties must promptly meet and in good faith try to resolve the dispute using informal dispute resolution techniques, which may include negotiation, mediation, independent expert appraisal, or any other dispute resolution technique that may be agreed by the parties; and

(c)

if the dispute is not resolved within 14 working days of the written particulars being given (or any longer period agreed by the parties),—

(i)

the dispute must be referred to arbitration under the Arbitration Act 1996; and

(ii)

the arbitration must be conducted by a single arbitrator agreed by the parties or, failing agreement, appointed by the President of the branch of the New Zealand Law Society for the area in which the easement is located.

Schedule 6 Notices: information and accompanying documents required

r 26

Column 1Column 2Column 3Column 4
Type of noticeProvision of ActAdditional information requiredAccompanying documents required

Notice of application to record extinguishment of easement or profit à prendre on occurrence of event

or

Notice of application to record extinguishment of redundant easement

s 114(5) or 115(5)

A description of the easement or profit à prendre, including—

(a)

its unique identifier:

(b)

the names of its grantor and grantee:

(c)

the land registration district for the land to which it relates

The grounds for the application that are intended to establish that the easement or profit à prendre has merged or is extinguished

For a notice given to a person who appears to the Registrar to have an interest under the easement or profit à prendre,—

(a)

a statement that the notice is sent to the person for that reason; and

(b)

a description of the interest, including its unique identifier (if any)

A copy of the application, but only for a notice given to a person who appears to the Registrar to have an interest under the easement or profit à prendre

Notice of application for record of title based on adverse possessions 161(1)

A description of the land to which the application relates, including—

(a)

its land registration district:

(b)

the unique identifier of its record of title (if any):

(c)

its physical address (if known):

(d)

its registered owner

A statement that, within the period specified in the notice, a person claiming an estate or interest in land to which the application relates may lodge a caveat under section 162 of the Act to prevent the application from being granted

The grounds for the application that are intended to establish that the application complies with subpart 1 of Part 4 of the Act (see sections 155 and 157 to 159 of the Act)

For a notice given to a person who it appears to the Registrar has or may have an estate or interest in any land to which the application relates,—

(a)

a statement that the notice is sent to the person for that reason; and

(b)

a description of the estate or interest, including its unique identifier (if any)

For a notice given to a person, other than the applicant, who is an owner or occupier of adjoining land,—

(a)

a statement that the notice is sent to the person for that reason; and

(b)

a description of the adjoining land, including the unique identifier of its record of title (if any)

A copy of the application, but only for a notice given to—

(a)

a person who it appears to the Registrar has or may have an estate or interest in any land to which the application relates; or

(b)

a person, other than the applicant, who is an owner or occupier of adjoining land

Notice of application to bring land under Acts 173(1)

A description of the land to which the application relates, including—

(a)

its physical address (if known):

(b)

its owner

A statement that, within the period specified in the notice, a person specified in section 174(1) of the Act may lodge a caveat under that section to prevent the land being brought under the Act

A description of the basis for the application, including which paragraph of section 172(1) of the Act the applicant claims applies

The grounds for the application that are intended to establish that the application complies with subpart 2 of Part 4 of the Act (see sections 171 and 172 of the Act)

For a notice given to a person who it appears to the Registrar has or may have an estate or interest in the land,—

(a)

a statement that the notice is sent to the person for that reason; and

(b)

a description of the estate or interest, including its unique identifier (if any)

For a notice given to a person, other than the applicant, who is an occupier of the land or an owner or occupier of adjoining land,—

(a)

a statement that the notice is sent to the person for that reason; and

(b)

if applicable, a description of the adjoining land, including the unique identifier of its record of title (if any)

A copy of the application, but only for a notice given to—

(a)

a person who it appears to the Registrar has or may have an estate or interest in the land; or

(b)

a person, other than the applicant, who is an occupier of the land or an owner or occupier of adjoining land

Notice of application for record of title to access strips 186(1)

A description of the access strip, including—

(a)

its land registration district:

(b)

the unique identifier of its record of title (if any):

(c)

its physical address (if known):

(d)

its owners

A description of each lot adjoining the access strip for which an applicant is the registered owner, including—

(a)

its land registration district:

(b)

the unique identifier of its record of title (if any):

(c)

its physical address (if known):

(d)

its registered owner

A statement that, within the period specified in the notice, a person specified in section 187(1) of the Act may lodge a caveat under that section to prevent the application from being granted

The grounds for the application that are intended to establish that the application complies with subpart 3 of Part 4 of the Act

For a notice given to a person who appears from the register, or appears to the Registrar, to be the owner of a freehold estate in the access strip,—

(a)

a statement that the notice is sent to the person for that reason; and

(b)

a description of the freehold estate, including its unique identifier (if any)

For a notice given to the territorial authority, or any statutory body, that would have jurisdiction over the access strip if it were a road, a service lane, or an access way, a statement that the notice is sent for that reason

A copy of the application, but only for a notice given to—

(a)

a person who appears from the register, or appears to the Registrar, to be the owner of a freehold estate in the access strip; or

(b)

the territorial authority, or any statutory body, that would have jurisdiction over the access strip if it were a road, a service lane, or an access way

Schedule 7 Fees

r 34

Part 1 Search fees

Matter for which fee is payableRelevant provision of ActFee if using approved electronic facility ($)Fee in other cases ($)

For providing a copy of—

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

  • a lease or licence registered or recorded in the register in accordance with the Land Act 1948; or

  • a record of title showing only current information (other than the relevant plan or diagram); or

  • a record of title showing only current information (including the relevant plan or diagram); or

  • a record of title showing current and historical information (other than the relevant plan or diagram); or

  • a record of title for the purposes of section 60 of the Act; or

  • any other instrument (whether as detailed structured text or image, or both)

s 40(1)515
For providing a copy of structured text of an instruments 40(1)No fee15
For certifying a copy of a record of title or an instruments 40(2)Not applicable11

Part 2 Registration and other fees

Matter for which fee is payableRelevant provisionFee if done by electronic workspace facility, or if notice is for application or matter done by such facility ($)Fee in other cases ($)

For receiving an instrument lodged for registration, notation, or deposit

s 32(1), 34(3), or 212 of the Act7272
For registering, noting, or depositing a lodged instruments 22 of the Act8104
For depositing a plans 224 of the Act101101
For creating a record of titles 12 of the Act135135
For approving a format or memorandumr 68080
For giving public notice if required for an applications 220 of the Act231231
For each notice sent to a person if required for an application or other matter, other than to the applicant or person initiating the matter (including for sending a notice of the lodging of a caveat under the Act or a notice of the lodging of a claim under section 42 of the Property (Relationships) Act 1976)s 221 of the Act55
For receiving a corrected or replacement version of an instrument that was rejected or retained for correction (requisitioned)s 37 of the Act1388

Part 3 Audit fees

Matter for which fee is payableRelevant provision of ActFee ($)

Examining evidence provided to the Registrar under section 30(3)(a) of the Act if—

(a)

the evidence satisfies the requirement in section 30(1) of the Act; and

(b)

the Registrar does not revoke the person’s authority under section 29(1) of the Act or require a statutory declaration under section 30(3)(b) of the Act

s 30No fee

Examining evidence provided to the Registrar under section 30(3)(a) of the Act if—

(a)

the evidence does not satisfy the requirement in section 30(1) of the Act; and

(b)

the Registrar does not revoke the person’s authority under section 29(1) of the Act or require a statutory declaration under section 30(3)(b) of the Act

s 30130/hour + any reasonable expenses
Requiring a statutory declaration under section 30(3)(b) of the Acts 30130/hour
Any other action relating to the audit of a certification for the purpose of exercising, or deciding whether to exercise, a power under section 29 of the Acts 29130/hour + any reasonable expenses

Michael Webster,
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 replace the Land Transfer Regulations 2002, which are revoked by the Land Transfer Act 2017 (the Act). These regulations come into force on 12 November 2018.

The regulations—

  • specify the information that must be contained in, and documents that must accompany, certain electronic or paper instruments that are lodged:

  • specify which electronic or paper instruments may be lodged only if they are certified, what must be certified, and who must certify them:

  • require the certifier of an electronic instrument to retain certain evidence for 10 years after the date on which the instrument is lodged for registration or notation:

  • specify the parties who are treated as having executed a certified electronic instrument:

  • specify the parties who must execute a paper instrument, and how they must execute it:

  • set out how a person may apply for various dealings:

  • set out the conditions and powers that are implied in a mortgage whose priority is postponed:

  • set out the rights and powers that are implied in various classes of registered easement:

  • allow a non-contact order under the Victims’ Orders Against Violent Offenders Act 2014 to be included as evidence in an application for a withholding period (to preserve the safety of a person or their family):

  • specify the information that must be contained in, the documents that must accompany, and the periods that must be specified in certain notices given under the Act:

  • prescribe $10,000 as the maximum amount of a claim that must be made to the Registrar alone (instead of the Attorney-General and the Registrar), who may accept liability for its payment:

  • specify the fees payable for various matters:

  • provide for various other matters.

Regulatory impact assessment

Land Information New Zealand produced a regulatory impact assessment on 4 May 2017 to help inform the decisions taken by the Government relating to the contents of this instrument.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 11 October 2018.

These regulations are administered by Land Information New Zealand.