Land Transfer Act 1952

If you need more information about this Act, please contact the administering agency: Land Information New Zealand and Ministry of Justice
  • not the latest version
  • This version was reprinted on 20 May 2016 to make corrections to sections 2, 25, 90D(6), 94(2), 141(3)(c), and 211 under section 25(1)(i) and (j)(ii) and (iv) of the Legislation Act 2012.

Reprint as at 1 October 2015

Coat of Arms of New Zealand

Land Transfer Act 1952

Public Act
1952 No 52
Date of assent
23 October 1952
see section 1

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Justice and Land Information New Zealand.


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7Barristers or solicitors only to be appointed to certain offices [Repealed]
8Officers to be subject to regulations of Public Service [Repealed]
9Registrar to have and use seal of office [Repealed]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22Procedure on application [Repealed]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29Application may be withdrawn by consent of persons interested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

An Act to consolidate and amend certain enactments relating to the registration and transfer of title to land