| Title | |
| 1 | Short Title and commencement | |
| 2 | Interpretation | |
| 2AA | Transitional, savings, and related provisions | |
| 2A | Act binds the Crown | |
| | |
| | |
| 3 | Land registration districts | |
| 4 | Registrar-General of Land | |
| 5 | Delegation of Registrar’s powers and duties | |
| 6 | Registrar to have seal of office | |
| 7 | Barristers or solicitors only to be appointed to certain offices [Repealed] | |
| 8 | Officers to be subject to regulations of Public Service [Repealed] | |
| 9 | Registrar to have and use seal of office [Repealed] | |
| | |
| 10 | What lands subject to this Act | |
| 11 | Special provision as to land under Maori Land Act | |
| | |
| 12 | Issue of certificate of title in lieu of Crown grant | |
| 13 | Particulars to be specified in warrant | |
| 14 | Certificate may be issued to person claiming through person named in warrant | |
| 15 | Certificate to issue subject to existing encumbrances | |
| 16 | Warrant for certificate of title not required in certain cases | |
| 17 | Warrant to fix antevesting date | |
| 18 | Reservation of road by warrant | |
| | |
| 19 | How land may be brought under Act | |
| 20 | By whom applications may be made | |
| 21 | Applicant to surrender title deeds | |
| 22 | Procedure on application [Repealed] | |
| 23 | Notice of application to be gazetted | |
| 24 | If applicant is original grantee, notice may be dispensed with | |
| 25 | When Registrar may reject application or order service of notices | |
| 26 | Notice of application to be posted in an appropriate office of the Registrar | |
| 27 | If no caveat lodged, Registrar may bring land under Act | |
| 28 | In case of failure to serve notice, time may be extended | |
| 29 | Application may be withdrawn by consent of persons interested | |
| 30 | Disposition of previous title deeds on issue of certificate of title | |
| 31 | Reversion on lease not extinguished by bringing land under Act | |
| 32 | Registration of Crown grant under Deeds Registration Act not necessary | |
| | |
| 33 | Registrar to keep register | |
| 34 | When instruments deemed registered | |
| 35 | Registered proprietor | |
| 36 | Instruments to be in duplicate | |
| 37 | Priority according to time of registration | |
| 38 | Registration procedure | |
| 39 | Contents of memorial | |
| 40 | Memorial to be recorded on duplicate grant or other instrument | |
| 41 | Instruments not effectual until entry in register | |
| 42 | Informal instruments not to be registered | |
| 43 | Where instrument lodged not in order for registration | |
| 44 | Registrar may dispense with duplicate instruments | |
| 45 | Certified copies of register to be evidence | |
| 45A | Registrar may issue search copies | |
| 46 | Register to be open for search | |
| 47 | Presentation of instruments for registration | |
| 48 | Where boundaries of district altered, copies of original registers to be evidence [Repealed] | |
| [Repealed] | |
| 49 | Registration through district agents [Repealed] | |
| | |
| 50 | Until register duly constituted, land to be provisionally registered | |
| 51 | When register duly constituted, provisional register to be closed | |
| 52 | Entries in provisional register to be evidence of title | |
| 53 | Special provisions as to Canterbury educational reserves | |
| 54 | Application of Act to provisional registration | |
| 55 | No dealings to be registered until payment of fees [Repealed] | |
| | |
| 56 | High Court may investigate cases of lost instruments | |
| 57 | Court may order claimant to be registered as proprietor | |
| | |
| 58 | Interests outstanding to be notified in register | |
| 59 | Interests registered under Deeds Registration Act to be recognised | |
| 60 | Claims for loss through neglect of claimant to register | |
| | |
| 61 | Persons jointly registered to be joint tenants | |
| 62 | Estate of registered proprietor paramount | |
| 63 | Registered proprietor protected against ejectment | |
| 64 | Title guaranteed to registered proprietor | |
| | |
| 65 | Registered proprietor entitled to certificate of title | |
| 66 | Certificates of title in respect of leasehold interests | |
| 67 | Existing encumbrances to be noted in certificate | |
| 68 | Certificate, how to be dated | |
| 69 | How memorial of easement to be recorded | |
| 70 | Removal of easements and profits à prendre from register | |
| 71 | Removal of fencing covenants from title | |
| 72 | Tenants in common entitled to separate certificates | |
| 73 | Issue of certificate may be withheld in certain cases | |
| 74 | Certificate issued in name of deceased person not void | |
| 75 | Certificate to be evidence of proprietorship | |
| 76 | Instruments executed by person not actually registered | |
| 77 | No right to public road or reserve where unauthorised registration | |
| 78 | Certificate not to be impeached | |
| 79 | Certificate void in certain cases | |
| 80 | Errors in register may be corrected | |
| 81 | Surrender of instrument obtained through fraud, etc | |
| 82 | Person failing to surrender instrument may be summoned to court | |
| 83 | Person refusing to surrender instrument may be committed to prison | |
| 84 | Issue of new certificate of title, etc | |
| 85 | Court may order former certificate of title to be cancelled | |
| 86 | Single certificate in place of several or several in place of 1 | |
| 87 | Issue of provisional certificate in case of loss of original | |
| 88 | Provision in case of lost lease or mortgage | |
| 89 | Issue of certificate of title on sale for non-payment of rates | |
| | |
| 89A | Application by adjoining owners for title to access strip | |
| 89B | Where proprietor of any contiguous allotment not a party to application | |
| 89C | How application dealt with | |
| 89D | Issue of title to access strip | |
| 89E | Conditions applying when certificate of title issued for access strip | |
| | |
| 90 | Transfers and creation of easements, etc, by registered proprietor | |
| 90A | Creation and surrender of easements by easement instrument | |
| 90B | Creation and surrender of easements on deposit of plan | |
| 90C | Variation of easements | |
| 90D | Rights and powers implied in certain easements | |
| 90E | General provisions relating to easements | |
| 90F | Creating and noting land covenants | |
| 91 | New certificate to transferee unnecessary if whole of land transferred | |
| 92 | Certificate to be cancelled on transfer of portion of land only | |
| 93 | New certificates to be issued for portion transferred and for balance | |
| 94 | Certificate for balance not transferred may remain valid | |
| 95 | Estates for life, or in reversion, or remainder | |
| 96 | Implied covenant in transfer of equity of redemption [Repealed] | |
| 97 | Transfer of lease or mortgage | |
| 98 | Implied covenants in transfer of lease [Repealed] | |
| 99 | Memorandum of vesting order to be entered on register | |
| 99A | Vesting by statute | |
| | |
| 99B | Forms for instruments available for adoption by other enactments | |
| | |
| 100 | Mortgage to take effect as security only | |
| 101 | Forms of mortgage | |
| 102 | Variation of mortgage terms | |
| 103 | Variation of priority of mortgages | |
| | |
| 104 | Application of purchase money [Repealed] | |
| 105 | Transfer by mortgagee | |
| | |
| 106 | Mortgagee may, after default, enter into possession [Repealed] | |
| 107 | Mortgagee may distrain on tenant to the amount of his rent [Repealed] | |
| 108 | Mortgagee to have remedies of a lessor for recovery of premises [Repealed] | |
| 109 | Mortgagee to have custody of instrument of title | |
| [Repealed] | |
| 110 | Mortgagee of leasehold after entry liable for rent [Repealed] | |
| | |
| 111 | Discharge of mortgage | |
| 112 | Discharge of mortgage where remedies thereunder are statute barred | |
| | |
| 113 | On death of annuitant, discharge of annuity may be entered | |
| | |
| 114 | Submortgages | |
| | |
| 115 | Form and registration of leases | |
| 116 | Variation of lease | |
| 117 | Bringing down encumbrances on registration of new lease | |
| 118 | Covenant for right of purchase | |
| 118A | Bringing down encumbrances when lessee acquires fee simple | |
| 119 | Lease not binding on mortgagee without consent | |
| 120 | Surrender of lease | |
| 121 | Re-entry by lessor | |
| | |
| 121A | Interpretation | |
| 121B | Issue of share certificates | |
| 121C | Registration of licence to occupy | |
| 121D | Registrar may require plan | |
| 121E | Registration of instruments against licence | |
| 121F | Effect of registration of licence | |
| 121G | Mortgage of licence | |
| 121H | Mortgagee to have custody of licence and share certificate | |
| 121I | Consent of mortgagee required on disposal of licence or shares | |
| 121J | Restrictions on cancellation, etc, of licence | |
| 121K | Registration of cancellation, etc, of licence | |
| 121L | Bringing down of mortgage on new licence | |
| 121M | Registration of transfer of licence or new licence | |
| 121N | Transfer of shares on exercise of power of sale by mortgagee of licence | |
| 121O | Priority of replacement mortgage over land of company | |
| 121P | Service of notices | |
| | |
| | |
| 122 | Person claiming under transmission may apply to have same registered | |
| 123 | Procedure on application for transmission | |
| 124 | Caveat may be entered on behalf of beneficiaries under will or settlement [Repealed] | |
| 125 | Transmission to mortgagee on bankruptcy of lessee | |
| 126 | Transmission to lessor in default of mortgagee applying | |
| 127 | Particulars of marriage of female proprietor to be registered [Repealed] | |
| | |
| 128 | No entry of trusts to be made on register except as authorised | |
| 129 | Trusts of public reserves and other public lands | |
| 130 | Transferor may apply for entry of “No survivorship” on register | |
| 131 | Trustees registered as joint proprietors may similarly apply | |
| 132 | Effect of entry | |
| 133 | Procedure for obtaining order | |
| 134 | Registrar may be nominated trustee [Repealed] | |
| 135 | Beneficiary may use name of trustee in prosecuting or defending action | |
| | |
| 136 | Caveat against bringing land under Act | |
| 137 | Caveat against dealings with land under Act | |
| 138 | Particulars to be stated in caveat [Repealed] | |
| 139 | Service of notices as to caveats [Repealed] | |
| 140 | Effect of caveat against bringing land under Act | |
| 141 | Effect of caveat against dealings | |
| 142 | Notices to be given to persons affected | |
| 143 | Procedure for removal of caveat | |
| 144 | Lapse of caveat against bringing land under Act | |
| 145 | Lapse of caveat against dealings | |
| 145A | Early lapse of caveat against dealings | |
| 146 | Person entering caveat without due cause liable for damages | |
| 147 | Caveat may be withdrawn | |
| 147A | Electronic registration with caveator’s consent subject to rights of caveator | |
| 148 | No second caveat may be entered | |
| 148A | Registrar not required to verify caveator’s entitlement to estate or interest claimed | |
| 148B | Registrar’s powers if caveat does not comply with this Act | |
| | |
| 149 | Power of attorney not invalidated by bringing land under Act | |
| 150 | Registered proprietor may deal with land by attorney | |
| 151 | Power of attorney to be deposited with Registrar | |
| 152 | Revocation of power of attorney | |
| 153 | Seal unnecessary | |
| | |
| | |
| 154 | Covenants for further assurance implied | |
| 155 | Short forms of covenant | |
| 155A | Incorporation of provisions contained in registered or prescribed memorandum | |
| 156 | Action for breach of covenant | |
| | |
| 156A | Interpretation | |
| 156B | Transferors and transferees must provide tax statement stating that transfer non-notifiable or providing tax information | |
| 156C | Content of tax statement | |
| 156D | Omissions and errors | |
| 156E | Offence to provide false or misleading tax information | |
| 156F | Chief executive must supply tax information to Commissioner of Inland Revenue | |
| 156G | Other provisions concerning use of tax information | |
| 156H | Certifier and chief executive must hold tax statement and provide copies | |
| 156I | Status of tax information | |
| 156J | Disclosure of information between authorised persons | |
| | |
| 157 | Paper instruments to be executed | |
| 158 | When instruments deemed to be attested [Repealed] | |
| 159 | Questions to attesting witness, and certificate thereon [Repealed] | |
| 160 | Acknowledgment by party to instrument, and certificate thereon [Repealed] | |
| 161 | Execution of documents by corporation [Repealed] | |
| 162 | Unincorporated building societies [Repealed] | |
| 163 | Instruments as evidence | |
| 164 | Correctness of instrument to be certified | |
| 164A | Certification | |
| 164B | Who may give certification | |
| 164C | Retention of evidence and audit of certifications | |
| 164D | Requirements about execution do not apply if certification given | |
| 164E | Effect of certification | |
| | |
| 165 | Governments of other countries may be registered as proprietors of land | |
| | |
| 166 | Verification of instruments executed out of New Zealand | |
| | |
| 167 | Plans to be deposited in certain cases | |
| 167A | Deposit documents | |
| 168 | Deposit not to operate as dedication of roads | |
| 169 | Land taken for roads to be defined on register | |
| 170 | Cost of survey for correction of plans, etc | |
| 171 | Surveyor-General or person authorised by him may enter land [Repealed] | |
| | |
| | |
| 172 | Compensation for mistake or misfeasance of Registrar | |
| 172A | Compensation for loss occurring after search and before registration | |
| 173 | Notice of action to be served on Attorney-General and Registrar-General | |
| 174 | Liability of plaintiff for costs | |
| 175 | Recovery of compensation paid and costs in case of fraud | |
| 176 | Judgment against absconders, etc | |
| 177 | Recovery of judgment against absconders, etc | |
| 178 | Crown not liable in certain cases | |
| 179 | Measure of damages | |
| 180 | Limitation of actions against the Crown | |
| 181 | Plaintiffs to be nonsuited if laches proved | |
| | |
| 182 | Purchaser from registered proprietor not affected by notice | |
| 183 | No liability on bona fide purchaser or mortgagee | |
| | |
| 184 | Interpretation | |
| 185 | All private General land to be brought under this Act | |
| 186 | Application to bring land under this Act deemed to be made | |
| 187 | Applications to be dealt with as voluntary applications under this Act | |
| 188 | Special provisions as to applications under this Part | |
| 189 | Registrar may require surrender of instruments affecting title | |
| 190 | Registrar may issue ordinary or limited certificate of title | |
| 191 | Definition and form of limited certificate | |
| 192 | Notices of issue of certificate of title to be given | |
| 193 | Registrar’s minutes of defects found in titles | |
| 194 | Searching of Registrar’s minutes | |
| 195 | Limited certificate of title may be made ordinary | |
| 196 | Ordinary certificate of title not to issue till title good | |
| 197 | Registrar may require proof that estate of registered proprietor of limited title not extinguished | |
| 198 | Memorials on limited certificate of title to be evidence | |
| 199 | Application of Act to limited certificate of title | |
| 200 | Applications by persons claiming title adverse to that of proprietor under limited certificate | |
| 201 | No right of action by proprietor under limited certificate against the Crown or the Registrar-General in certain cases | |
| 202 | No dealings to be registered in certain cases | |
| 203 | Title to estate less than freehold evidenced by limited certificate | |
| 204 | When interests excepted from guarantee extinguished | |
| 205 | Caveats in respect of applications under this Part | |
| 206 | Trustees without power to sell | |
| 207 | Restrictions on issue of ordinary certificate of title | |
| 208 | Registrar may amend description of land in limited certificate of title | |
| 209 | No action against Crown in certain cases | |
| 210 | Registration of deeds affecting land subject to this Part | |
| | |
| | |
| 211 | Registrar may require production of instruments, etc | |
| 212 | Not producing instruments when required by Registrar | |
| 213 | Authority to destroy instruments of title after 20 years [Repealed] | |
| 214 | Transfer of instruments, etc, to libraries and museums [Repealed] | |
| 215 | Registrar may require indemnity for costs | |
| 215A | Records becoming obliterated, etc | |
| 215B | Register folium lost, etc | |
| | |
| 216 | Review by Registrar of decision | |
| 217 | Notice to Registrar to appear | |
| 218 | Hearing of appeal | |
| 219 | Expenses of appeal | |
| 220 | Registrar-General to decide between Registrar and Examiner of Titles [Repealed] | |
| 221 | Primary appeal to Registrar-General if Registrar and Examiner the same person [Repealed] | |
| 222 | Registrar-General may submit questions to Court of Appeal | |
| 223 | Procedure | |
| 224 | Rules of procedure | |
| | |
| 225 | Fraudulently procuring certificate of title, etc | |
| 226 | Other offences under Act | |
| 227 | Summary trial of indictable offences [Repealed] | |
| 228 | Prosecution of offences | |
| 228A | Fraudulent removal, destruction, etc, of records | |
| [Repealed] | |
| 229 | Power of Registrar-General to license persons as landbrokers [Repealed] | |
| 230 | Restrictions on licensing of landbrokers [Repealed] | |
| 231 | Bond required before grant of licence [Repealed] | |
| 232 | Licences may be revoked [Repealed] | |
| 233 | Acting without licence [Repealed] | |
| 234 | Making unlawful charges [Repealed] | |
| | |
| 235 | Fees or charges | |
| 236 | Regulations | |
| 237 | When paper instrument is in acceptable form | |
| 238 | Content of paper forms | |
| 239 | Description of person to include personal representative | |
| 240 | How Registrar gives public notice | |
| 240A | Specifications by Registrar | |
| 240B | Notice by Registrar to particular persons | |
| 240C | Notices to Registrar | |
| 240D | When notices taken to be delivered | |
| 241 | Registrar not obliged to produce registers or attend court | |
| 242 | Persons qualified to take declarations | |
| 243 | Personal liability | |
| 244 | Property Law Act 1952 to be subject to this Act [Repealed] | |
| 245 | Repeals and savings | |
| | |
| | |
| | |
| | |
| | |
| | |
| [Repealed] | |
| [Repealed] | |
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| Reprint notes | |