Land Transfer (Automation) Amendment Act 1998
Land Transfer (Automation) Amendment Act 1998
Land Transfer (Automation) Amendment Act 1998
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Land Transfer (Automation) Amendment Act 1998
Public Act |
1998 No 123 |
|
Date of assent |
18 December 1998 |
|
Contents
An Act to amend the Land Transfer Act 1952 and to make provision for automation of the land titles system in New Zealand
BE IT ENACTED by the Parliament of New Zealand as follows:
1 Short Title and commencement
(1)
This Act may be cited as the Land Transfer (Automation) Amendment Act 1998, and is part of the Land Transfer Act 1952 (“the principal Act”
).
(2)
This Act comes into force on 1 February 1999.
Part 1 Preliminary
2 Interpretation
(1)
In this Act, unless the context otherwise requires,—
“Computer freehold register” means a computer freehold register created by the Registrar under section 5:
“Computer interest register” means a computer interest register created by the Registrar under section 7:
“Computer register” means all or any of a computer freehold register, computer interest register, or computer unit title register, as the case requires:
“Computer unit title register” means a computer unit title register created by the Registrar under section 9:
“Medium” includes—
(i)
Any electronic, electromagnetic, optical, digital, or photographic process or system; and
(ii)
Any paper; and
(iii)
Any other means of recording or storing information:
“Register” means the register referred to in the principal Act:
“Stratum estate” has the same meaning as in the Unit Titles Act 1972:
“Unique identifier” means a combination of letters or numbers, or both, by which a computer register or an instrument or other document is, or is to be, uniquely identified.
(2)
Words and expressions defined in the principal Act have the same meanings in this Act.
3 Purpose
The purposes of this Act are—
(a)
To enable the following things to be done in a manner that preserves the integrity and underlying purposes and principles of the principal Act:
(i)
To use modern information technology for the purpose of registering instruments, dealings, and other matters under the principal Act:
(ii)
To use modern information technology for the purpose of recording and storing particulars of instruments, dealings, and other matters relating to land and title to land registered under the principal Act:
(iii)
To enable the undertaking of preliminary steps towards the automation of transactions relating to land and title to kind; and
(b)
Otherwise to provide for the more efficient operation of the principal Act.
Part 2 Automation of Land Title System
4 Recording and registration of certain matters to be effected under this Act
Where land is subject to this Act,—
(a)
That land does not cease to be subject to the principal Act; and
(b)
Every matter required by the principal Act, or any other enactment, to be entered, noted, deposited, recorded, registered, or stated in respect of it under the principal Act must instead be done under this Act; and
(c)
The principal Act and every other enactment has effect accordingly.
Creation of Computer Registers
5 Creation of computer freehold registers for freehold land
(1)
The Registrar may create a computer freehold register for any freehold interest in land that is subject to the principal Act.
(2)
Where a computer freehold register is created for any land, the land becomes subject to this Act and remains subject to the principal Act.
(3)
Where a computer freehold register for any land is created under this section,—
(a)
The relevant folium established under section 33 of the principal Act is closed; and
(b)
A certificate of title must be issued under section 13, but until that occurs the certificate of title issued under the principal Act remains in force; and
(c)
If any instrument has been registered or deposited under the principal Act in respect of that land, or is subsequently lodged for registration or deposit, the instrument may be held in its definitive form as determined by the Registrar.
(4)
The Registrar need not create a computer freehold register for any land in any particular case if in his or her opinion it is not expedient to do so.
6 Content of computer freehold registers
Each computer freehold register must comprise—
(a)
The unique identifier for that computer freehold register:
(b)
A unique description of the land in a form determined by the Registrar from time to time:
(c)
The unique identifier for each instrument relevant to the land and the information necessary to enable its priority to be determined:
(d)
The name of the registered proprietor of the freehold interest in the land:
(e)
Any minority or other restriction on the legal capacity of the registered proprietor that is known to the Registrar:
(f)
Any other information or matter—
(i)
That is required to be included by any Act or regulation; or
(ii)
That is set out in any form prescribed by the principal Act for certificates of title, and that the Registrar considers appropriate to include; or
(iii)
That the Registrar considers appropriate to give effect to the requirements of any Act or regulation.
7 Creation of computer interest registers
(1)
In this section and in section 8, “interest”
means—
(a)
A lease registered or to be registered under the principal Act; or
(b)
Any matter or interest less than the freehold incorporated or embodied as a folium of the Register under the principal Act; or
(c)
Any matter or interest embodied as a folium of the provisional register; or
(d)
Any other matter incorporated or embodied in any other register in a Land Registry Office; or
(e)
Any proclamation or notice published in the Gazette and registered or to be registered in a Land Registry Office.
(2)
The Registrar may create a computer interest register for any interest that is required or permitted to be registered.
(3)
Where a computer interest register is created for any interest, the interest becomes subject to this Act and, if subject to the principal Act, remains subject to the principal Act.
(4)
The Registrar need not create a computer interest register for any interest in any particular case if in his or her opinion it is not expedient to do so.
(5)
If the principal Act or any other enactment directs or empowers the Registrar to incorporate or embody any registered interest or any other matter as a folium of the Register or provisional register, or in any other register in a Land Registry Office, it is sufficient if the Registrar instead creates a computer interest register for that interest.
(6)
A requirement in any enactment to certify, endorse, note, notify, or record any matter, information, or thing against, in, or on any instrument for which the Registrar has created a computer interest register is satisfied if the Registrar records the matter, information, or thing in the computer interest register.
8 Content of computer interest registers
(1)
Each computer interest register must comprise—
(a)
The unique identifier for that computer interest register:
(b)
A general description of the interest:
(c)
A reference to the instrument that creates the interest:
(d)
The unique identifier for each instrument relevant to the interest and the information necessary to enable its priority to be determined:
(e)
The date on which the interest was registered:
(f)
The name of the registered proprietor of the interest:
(g)
Any minority or other restriction on the legal capacity of the registered proprietor that is known to the Registrar:
(h)
Any other information—
(i)
That is required to be included by any Act or regulation:
(ii)
That the Registrar considers appropriate to give effect to the requirements of any Act or regulation.
(2)
If the interest to which the computer interest register relates is a lease registered or to be registered under the principal Act, the register may also include such provisions set out in any form prescribed by the principal Act for certificates of title as the Registrar considers appropriate to include.
(3)
A reference in the computer interest register to the instrument creating the interest to which the register relates takes effect as if the instrument were fully set out in the register.
9 Creation of computer unit title registers
(1)
The Registrar may create a computer unit title register for a stratum estate in freehold or a stratum estate in leasehold.
(2)
Where a computer unit title register is created in respect of any principal unit (and any associated accessory units) and any future development units under the Unit Titles Act 1972,—
(a)
The unit or units become subject to this Act and remain subject to the Unit Titles Act 1972 and the principal Act; and
(b)
The relevant folium established under section 33 of the principal Act is closed; and
(c)
A certificate of title must be issued under section 13, but until that occurs the certificate of title issued under the principal Act remains in force; and
(d)
If any instrument has been registered or deposited under the principal Act in respect of the unit or units, or is subsequently lodged for registration or deposit, the instrument may be held in its definitive form as determined by the Registrar.
(3)
The provisions of this Part apply, to the extent that they are applicable, and with any necessary modifications, to any unit or units in respect of which a computer unit title register has been created as if that register were a computer freehold register.
(4)
On or after creating a computer unit title register in respect of a unit, the Registrar may also create, in any medium determined by the Registrar, a register—
(a)
That is to be treated as the supplementary record sheet kept for the relevant unit plan in accordance with section 20 of the Unit Titles Act 1972; and
(b)
That includes every entry on any supplementary record sheet kept in accordance with section 20 of the Unit Titles Act 1972 at the time the register is created; and
(c)
That has a unique identifier determined by the Registrar.
(5)
The Registrar need not create a computer unit title register in respect of any unit in any particular case if in his or her opinion it is not expedient to do so.
10 Content of computer unit title register
Each computer unit title register must comprise—
(a)
The unique identifier for that computer unit title register:
(b)
The number of the principal unit on the relevant unit plan and the letter allotted to any associated accessory unit and any future development unit on that plan:
(c)
The date on which the principal unit was originally registered:
(d)
The unique identifier for each instrument relevant to the principal unit and any associated accessory unit, and the information necessary to enable the priority of the instrument to be determined:
(e)
A statement that the stratum estate concerned is subject to the reservations, restrictions, encumbrances, Hens, and interests that are notified by memorial or by a unique identifier on the computer unit title register and on the relevant unit plan and the supplementary record sheet for the plan kept in accordance with section 20 of the Unit Titles Act 1972:
(f)
The name of the registered proprietor of the stratum estate concerned:
(g)
Any minority or other legal restriction on the legal capacity of the registered proprietor that is known to the Registrar:
(h)
Any other information that is required to be included by any Act or regulation, or that the Registrar considers appropriate to give effect to the requirements of any Act or regulation.
11 Composite computer registers
Where the Registrar considers it appropriate, he or she may create a composite computer register comprising all or any of a computer freehold register, computer interest register, and computer unit title register; and composite certificates of title may be issued accordingly.
12 Format of computer registers
A computer register may be held or stored in any medium or combination of media which will enable it to be maintained or accessed for the Hoses of this Act and the principal Act, or for any other lawful purpose.
Certificates of Title
13 Issue of certificates of title
(1)
This section applies whenever a registered proprietor seeks a certificate of title under this Act for any purpose, including any amalgamation, subdivision, or separation.
(2)
On creating a new computer freehold register, a computer interest register for a lease registered or to be registered under the principal Act, or a computer unit title register, or on making an entry on a computer freehold register or computer interest register relating to a matter described in section 18(2), the Registrar must—
(a)
Prepare a new certificate of title; and
(b)
Cancel any other relevant certificate of title relating to the land that is in the Registrar’s custody, and issue the new certificate in its place; and
(c)
Give the new certificate to the person who would otherwise be entitled to receive the certificate of title.
(3)
The Registrar may not issue a certificate of title under subsection (2) unless any previous relevant certificate of title has been produced and cancelled, or the Registrar has dispensed with production of the previous relevant certificate of title and that dispensation is recorded in the new certificate of title.
14 Format of certificates of title
The format of the certificate of title issued under section 13 must be determined by the Registrar and must include a representation of the New Zealand Coat of Arms and the seal of the Registrar.
15 References to certificates of title
(1)
If a reference in the principal Act or the Unit Titles Act 1972 to a certificate of title is a reference to a folium of the Register, it must be read in relation to any land subject to this Act as a reference to the appropriate computer register.
(2)
If a reference in the principal Act or the Unit Titles Act 1972 to a certificate of title or duplicate certificate of title is a reference to a certificate of title issued or capable of being issued to the registered proprietor of an estate or interest in any land, it must be read in relation to an estate or interest for which a certificate of title has been issued under section 13 as a reference to that certificate of title.
(3)
Where the Registrar is authorised or directed by the principal Act or any other Act to issue a certificate of title, the Registrar is authorised to create the appropriate computer register and issue the certificate of title under this Act.
(4)
References to the issue of a certificate of title in the principal Act or any other Act are to be read in relation to land that is subject to this Act as references to the creation of a computer register and the issue of a certificate of title.
(5)
A reference to a certificate of title in section 7 and section 8 of the Unit Titles Act 1972 in relation to a stratum estate for which the Registrar has prepared a certificate of title under section 13 must be read as a reference to that certificate of title.
Easements
16 How easement to be recorded
(1)
Whenever any easement or incorporeal right (other than an annuity or rentcharge) in or over any land under this Act or the principal Act is created for the purpose of being annexed to, or used and enjoyed together with, other land under this Act or the principal Act, the Registrar must enter a unique identifier or a memorial of the instrument creating that easement or incorporeal right on the computer register and any certificate of title for the other land.
(2)
That memorial or unique identifier has, as from the date of its entry, the effect of including the easement or incorporeal right in the computer register and certificate of title.
Registration and Access to Register
17 Registration authorised by other statutes
(1)
Every requirement or direction of the kind specified in subsection (2) is satisfied by the creation under this Act of one or more computer registers for the land concerned, or the recording of an entry in the relevant computer register, as appropriate.
(2)
The requirements and directions referred to in subsection (1) arise where registration is to occur under the principal Act or is directed to take place by any other Act, and—
(a)
That registration requires the issue of a certificate of title for the land concerned; or
(b)
The Registrar is directed to issue a certificate of title or amend a certificate of title; or
(c)
The Registrar is directed to make an entry in the Register or endorse a memorial on a certificate of title; or
(d)
The Registrar is directed to file or deposit any instrument or covenant, notice, or resolution in a Land Registry Office.
(3)
Where there is a direction in any enactment to certify, endorse, note, notify, or record, any matter, information, or thing against, in, or on a document held in any Land Registry Office (whether or not the direction also applies to the outstanding duplicate of that document), the direction—
(a)
Is satisfied if the Registrar records the matter, information, or thing in the computer register in respect of that document; and
(b)
Does not require the document held in the Land Registry Office or the outstanding duplicate of that document to be certified, endorsed, noted, notified, or recorded.
(4)
This section prevails over sections 40 and 42 of the principal Act.
18 Format of registered instruments
(1)
The Registrar may authorise the registration or deposit of instruments, and the recording of information, in any medium.
(2)
The Registrar may make an entry in any existing computer register or create a new computer register where a lawful requirement exists that—
(a)
A memorial or memorandum be entered in the Register or endorsed on a certificate of title or on the duplicate certificate of title; or
(b)
Any other entry or endorsement or notation be made in the Register or on a certificate of title or on the duplicate certificate of title.
(3)
This section prevails over section 40 of the principal Act.
19 Registrar’s copy of instrument to be definitive
(1)
Whenever after the commencement of this Act an instrument or other document is presented to the Registrar under the principal Act, this Act, or any other Act, the Registrar may—
(a)
Produce, as often as the Registrar thinks necessary, a copy or image of the instrument or document in any medium determined by the Registrar; and
(b)
Return the instrument or document (and any extra copies presented) to the person who presented it with an indication that it has been copied or imaged under this subsection.
(2)
When the Registrar produces, under subsection (1), a copy or an image of an instrument or other document and accepts the copy or image for the purposes of registration under section 22 or the performance of any other statutory function, the copy or image is to be taken to be the definitive form of the instrument or document on and from the day on which it was presented to the Registrar.
(3)
The Registrar may produce a copy or an image of—
(a)
Any instrument in respect of which registration has been completed under the principal Act; or
(b)
Any other document that has been deposited under the principal Act.
(4)
When the Registrar produces, under subsection (3), a copy or an image of an instrument or other document, the copy or image is to be taken to be the definitive form of the instrument or other document.
(5)
In the absence of proof to the contrary, every matter arising under the principal Act or this Act relating to an instrument or other document copied or imaged under this section must, for all purposes, be effected and determined as if the instrument or other document had been created in its definitive form for the time being.
(6)
Where the Registrar acts under subsection (1), section 38(1) of the principal Act does not apply.
20 Instrument presented but copying or imaging defective
(1)
In addition to the powers under section 43 of the principal Act, the Registrar may refuse to complete or proceed with the registration of an instrument or do any act or make any entry if the copying or imaging of the instrument or any related instrument has proved to be defective for any reason.
(2)
Where subsection (1) applies, the Registrar must notify the person to whom the instrument has been returned and arrange for its resubmission for copying or imaging.
(3)
Where this section applies,—
(a)
The priority of the instrument is not affected so long as the instrument is resubmitted within 2 months or such other period as the Registrar may allow; and
(b)
The Registrar must contribute, to the extent prescribed, to the costs or expenses incurred in resubmitting the instrument; and
(c)
Where any instrument is not resubmitted in accordance with this section, it is to be treated as not having been presented for registration.
21 Unique identifiers
The Registrar may assign a unique identifier—
(a)
For every instrument or other document presented to, deposited with, or registered by the Registrar; and
(b)
For every computer register created by the Registrar.
22 How registration effected
(1)
The registration of an instrument or other matter under this Act is effected when the Registrar enters a unique identifier for the instrument or matter in the relevant computer register.
(2)
Section 34 of the principal Act does not apply where registration is effected under this Act.
23 Information to become part of Register
(1)
All information at any time registered under this Act is part of the Register.
(2)
This section does not affect the limitation imposed by section 155a(5) of the principal Act.
(3)
This section does not apply to any information that is expressly provided by any other Act not to form part of the Register.
24 Information to be retained
All information at any time recorded in a computer register must be retained by the Registrar either in the computer system or elsewhere, even if—
(a)
It was erroneous and has been corrected; or
(b)
It is an old description that has been superseded; or
(c)
It was but is no longer current information; or
(d)
The computer system is no longer being maintained.
25 Rights to search and copy information
(1)
The right of access to the Register conferred by section 46 of the principal Act—
(a)
Has effect as a right to search or examine an instrument in its definitive form as determined under this Act; and
(b)
If the Registrar also holds the instrument in any other form, extends to the document in that form.
(2)
Any right conferred by the principal Act or any other Act to have a copy of an instrument has effect as a right to have a copy of an instrument taken from its definitive form as determined under this Act.
(3)
Any right to search or have a copy of an instrument in the Register is a right to a paper document that shows the information contained in that instrument.
(4)
The rights under this section are in each case subject to payment of any prescribed fee.
26 Presentation by post
(1)
Where any instrument is presented to the Registrar by post, it must be treated as having been presented for registration on the business day after the day on which it is received by the Registrar and before any other matter presented on the day of registration in relation to that land.
(2)
Where 2 or more instruments received by post relate to the same land, they have priority as between themselves,—
(a)
If section 41(2) of the principal Act applies to the instruments, in accordance with that provision:
(b)
If section 41(2) of the principal Act does not apply to the instruments, in the order in which they were date and time stamped as received by the Registrar.
(3)
This section prevails over section 37(1) of the principal Act.
(4)
No caveat of any kind or notice of claim under the Matrimonial Property Act 1976 may be presented to the Registrar by post.
Evidentiary Provisions
27 Evidentiary effect of certificates of title
(1)
An instrument appearing to be in the format prescribed for a certificate of title issued under this Act and not appearing to have been altered in any way—
(a)
Must be received in all courts as evidence of—
(i)
The information it contains; and
(ii)
The recording of that information in the Register; and
(b)
Is conclusive evidence that at the time it was issued the information shown on it identified all of the interests and other matters in the computer register concerned; and
(c)
Unless the contrary is proved by the production of a statement by the Registrar under subsection (2), is conclusive evidence that—
(i)
The person named in the certificate (or in any information forming part of it) as holding an estate or interest in land to which it relates holds that estate or interest as from the date of the certificate or as from the date from which it is expressed to take effect; and
(ii)
The land to which it relates is subject to the principal Act and this Act.
(2)
In the absence of proof to the contrary, a statement certified by or on behalf of the Registrar as to any matters recorded under this Act is conclusive evidence of those matters.
(3)
In the absence of proof to the contrary, the fact that a statement relating to any matter referred to in subsection (2) purports to be certified by or on behalf of the Registrar is conclusive evidence that it is certified by or on behalf of the Registrar.
28 Computer printout, etc, admissible in evidence
Where an instrument is recorded or registered in any medium other than paper, a document that represents the instrument is admissible in evidence to the same extent as the original instrument, if the document—
(a)
Is generated by or produced from the computer system; and
(b)
Is in a readily understandable form; and
(c)
Is certified by or on behalf of the Registrar as a true representation of the instrument.
Sections 65 to 69 of Principal Act Excluded
29 Certain provisions of principal Act not to apply in respect of certificates of title issued under this Act
Sections 65 to 69 of the principal Act do not apply where a certificate of title has been created for the land concerned under this Act.
Part 3 Administration
30 Offices of District Land Registrars, Assistant Land Registrars, and Examiners of Titles abolished
(1)
The offices of District Land Registrar, Assistant Land Registrar, and Examiner of Titles are abolished.
(2)
Those persons holding office as District Land Registrar, Assistant Land Registrar, or Examiner of Titles immediately before the commencement of this section do not cease to be employees of the chief executive of the Department by reason of the abolition of the offices they hold.
31 Statutory references to District Land Registrars
(1)
This section applies to every reference in any enactment other than this Act to—
(a)
A District Land Registrar generally; or
(b)
The District Land Registrar of a specified district; or
(c)
The District Land Registrar of the district in which any land is situated.
(2)
Every reference to which this section applies must be read as a reference to the Registrar and references to land being within a district must be disregarded.
(3)
The references to a Registrar in sections 225 and 226 of the principal Act include District Land Registrars.
Part 4 Amendments to Principal Act and Other Acts
32 Act binds the Crown
The principal Act is amended by inserting, after section 2, the following section:
“2a
This Act binds the Crown.”
33 Land Registration Districts
The principal Act is amended by repealing section 3, and substituting the following section:
“3
“(1)
The land registration districts existing at the commencement of the Land Transfer (Automation) Amendment Act 1998 continue until altered under subsection (2).
“(2)
The Governor-General may from time to time, by Order in Council,—
“(a)
Alter the boundaries of any district:
“(b)
Amalgamate any 2 or more districts:
“(c)
Create new districts:
“(d)
Assign a name to any district:
“(e)
Abolish all districts.
“(3)
The making of an Order in Council under subsection (2) does not require any register, computer register within the meaning of the Land Transfer (Automation) Amendment Act 1998, provisional register, books, or indexes to be altered or amalgamated, but the Registrar may do so if appropriate.”
34 Registrar-General of Land
(1)
The principal Act is amended by repealing section 4, and substituting the following section:
“4
“(1)
There must be a Registrar-General of Land, appointed under the State Sector Act 1988.
“(2)
No person may be appointed Registrar-General, and no person may be directed under section 62(1) of the State Sector Act 1988 to exercise or perform any power or duty of the Registrar-General, unless that person is a barrister and solicitor of the High Court.”
(2)
The person holding office as Registrar-General immediately before the commencement of this Act continues in office and is deemed to have been appointed under section 4(1) of the principal Act as enacted by subsection (1).
35 New sections substituted
The principal Act is amended by repealing sections 5 to 9, and substituting the following sections:
“5 Delegation of Registrar’s powers and duties
The Registrar may from time to time, either generally or particularly, delegate to any employee of the chief executive of the Department any of the Registrar’s powers or duties other than—
“(a)
Any power or duty under any of sections 172, 173, 175, 216, 217, 218, 222, 225, 226, 229, 231, 232, and 238 of the principal Act:
“(b)
The power of delegation conferred by this section.
“(2)
Any delegation may be made to a specified person or to persons of a specified class, or to the holder or holders of a specified office.
“(3)
Every delegation is revocable in writing at any time.
“(4)
No delegation affects or prevents the exercise of any power or the performance of any duty by the Registrar, nor does it affect the responsibility of the Registrar for the actions of any person acting under the delegation.
“(5)
Any delegation continues in force according to its tenor, despite any change in the person holding office as the Registrar.
“(6)
Subject to any general or special directions given by the Registrar, the person to whom any powers or duties are delegated may exercise those powers or perform those duties in the same manner and with the same effect as if they had been conferred on that person directly and not by delegation.
“(7)
In the absence of proof to the contrary, an employee of the chief executive of the Department purporting to act under a delegation under this section is presumed to be acting in accordance with its terms.
“6 Registrar to have seal of office
(1)
The Registrar must have and use a seal of office, bearing the impression of the New Zealand Coat of Arms and having inscribed the words ‘Registrar-General of Land, New Zealand’.
“(2)
Every instrument bearing a representation of the Registrar’s seal and purporting to be issued by or on behalf of the Registrar is, in the absence of proof to the contrary, to be treated as having been issued by or under the direction of the Registrar.
“(3)
Nothing in this section affects the validity of any document signed before the commencement of the Land Transfer (Automation) Amendment Act 1998 and bearing the imprint of the seal of a District Land Registrar or bearing the impression of the Royal Arms instead of the New Zealand Arms.”
36 Review by Registrar of decision
The principal Act is amended by repealing section 216, and substituting the following section:
“216
“(1)
Any proprietor or claimant to any land, estate, or interest who is dissatisfied by any decision by the Registrar or a person acting under delegated authority in relation to the land, estate, or interest may refer the matter, by notice in writing, to the Registrar for reconsideration.
“(2)
The Registrar may make any investigation into the matter that the Registrar sees fit.
“(3)
The Registrar may require the aggrieved person to provide any evidence, information, or explanation that is relevant to the matter.
“(4)
The Registrar must, if the aggrieved person so requests, give that person an opportunity of being heard by him or her.
“(5)
As soon as practicable, the Registrar must decide the matter by—
“(a)
Confirming the decision or the refusal to act; or
“(b)
Substituting such decision as the Registrar thinks fit.
“(6)
The Registrar must furnish to the aggrieved person written reasons for the Registrar’s decision.
“(7)
This section applies to every decision of a District Land Registrar or Assistant Land Registrar as if it were a decision of a delegate of the Registrar.”
37 Fraudulently procuring certificate of title, etc
(1)
Section 225(1) of the principal Act is amended by inserting, after paragraph (a), the following paragraph:
“(ab)
Fraudulently procures, assists in fraudulently procuring, or is privy to the fraudulent procurement of—
“(i)
The recording of any information, matter, or thing under the Land Transfer (Automation) Amendment Act 1998; or
“(ii)
The deletion or alteration of any information, matter, or thing recorded under that Act; or”.
(2)
Section 225(2) of the principal Act is amended by inserting, after the word “erasure,”
, the words “recording, deletion,”
.
38 Other offences under Act
Section 226 of the principal Act is amended by inserting, after paragraph (f), the following paragraphs:
“(fa)
Fraudulently copies, images, records, or registers any information under the Land Transfer (Automation) Amendment Act 1998; or
“(fb)
Fraudulently does or omits to do any act for the purpose of copying, imaging, recording or registering any information under the Land Transfer (Automation) Amendment Act 1998; or
“(fc)
Without being authorised by the Registrar to do so,—
“(i)
Connects the computer system maintained under the Land Transfer (Automation) Amendment Act 1998 to any other computer, or to any terminal or other installation connected to or forming part of any other computer; or
“(ii)
Operates or attempts to operate that system (whether by means of any device or apparatus that is part of that system, or by any other means); or
“(iii)
Alters that system or the programming of that system; or
“(iv)
Alters any record on that system; or”.
39 Fees
(1)
Section 235(2) of the principal Act is amended by adding the words “or the Registrar has approved a credit arrangement for the payment of the fee”.
(2)
Section 235 of the principal Act is amended by repealing subsection (3), and substituting the following subsection:
“(3)
Regulations made under this Act may prescribe—
“(a)
That interest is payable on any unpaid fee at the rate prescribed for the time being under section 87 of the Judicature Act 1908; and
“(b)
The circumstances and manner in which that interest is to be paid.”
40 Regulations
Section 236 of the principal Act is amended by adding the following paragraph:
“(e)
Providing for any other matters contemplated by or necessary for giving full effect to this Act or to the Land Transfer (Automation) Amendment Act 1998 and for their due administration.”
41 Registrar not obliged to produce registers or attend court
The principal Act is amended by repealing section 241, and substituting the following section:
“241
“(1)
Neither the Registrar nor any delegate of the Registrar is obliged to—
“(a)
Produce any register or other instrument in his or her custody as the Registrar or Registrar’s delegate in any court or place other than an office of the Department except by order of the High Court; or
“(b)
Attend any court or other hearing or proceeding, except by order of the High Court.
“(2)
The High Court may not make an order under subsection (1)(a) or subsection (1)(b) unless the Court is satisfied that production or personal attendance is necessary and that the required evidence cannot be given by certified copy of the register or instrument.”
42 Personal liability
The principal Act is amended by repealing section 243, and substituting the following section:
“243
“(1)
Neither the Registrar nor any delegate of the Registrar is personally liable for any act done or omitted in the performance or exercise or intended performance or exercise of a duty or power vested in the Registrar or a duty or power that the person believes on reasonable grounds to be vested in the Registrar by this or any other Act.
“(2)
No person who held an office under this Act before the commencement of the Land Transfer (Automation) Amendment Act 1998 is personally liable for any act done or omitted in the performance or exercise or intended performance or exercise of a duty or power vested in that office, or a duty or power that the person believed on reasonable grounds was vested in the office by this or any other Act.”
43 Other amendments
(1)
The principal Act is amended in the manner indicated in Schedule 1.
(2)
The Land Transfer Amendment Act 1963 is amended in the manner indicated in Schedule 2.
(3)
The Land Transfer (Hawke’s Bay) Act 1931 and the Land Transfer (Hawke’s Bay) Amendment Act 1933 are amended in the manner indicated in Schedule 3.
SCHEDULES
Schedule 1 Amendments to Principal Act
Section 43(1)
| Enactment | Amendment |
|---|---|
| 1952, No. 52—The Land Transfer Act 1952 (R.S. Vol. 22, p. 531) | By repealing the definitions in section 2 of the terms “Registrar”and “Examiner”. |
By inserting, in section 2, in their appropriate alphabetical order, the following definitions: “‘Department’ means Land Information New Zealand, or such other department or ministry as has, with the authority of the Prime Minister, for the time being assumed responsibility for the administration of this Act: “‘Each Registrar’ or ‘every Registrar’ or ‘the Registrar means the Registrar-General, acting in respect of each district:”. | |
By adding to the definition of the term “endorsement”in section 2 the words “and any similar addition to an instrument in a medium other than paper:”. | |
By adding to the definition of the term “the Land Transfer Acts”in section 2 the words “and the Land Transfer (Automation) Amendment Act 1998:”. | |
By repealing the definition of the term “‘Registrar-General’, means the Registrar-General of Land appointed under section 4(1); and ‘Registrar’ has the corresponding meaning:”. | |
By repealing section 12, and substituting the following section: “12 Issue of certificate of title in lieu of Crown grant“(1) A Crown grant may not be issued for any land subject to the provisions of this Act; but in lieu of a grant the Governor-General may by warrant direct the Registrar to— “(a)Issue a certificate of title for the land in Form No. 1 in the First Schedule; or “(b)Record the appropriate information in the register under the Land Transfer (Automation) Amendment Act 1998 and issue a certificate of title accordingly. “(2) The— “(a)Issue of a certificate of title under subsection (1)(a), when signed and registered; or “(b)Recording of information in the register under subsection (1)(b), when effected,— has the force and effect of a Crown grant. “(3) This section and sections 14, 17, and 18 of this Act are subject to section 116 of the Land Act 1948, and— “(a)The form of a certificate of title; or “(b)The form in which information is recorded in the register,— may be varied as required by the operation of that section.” | |
| By repealing section 22. | |
By omitting from section 23 the words “and Examiner”. | |
By omitting from section 23 the word “district”, and substituting the word “locality”. | |
By omitting from section 24 the words “and Examiner”. | |
By omitting from section 25 (in all 3 places where they occur) the words “and Examiner”. | |
By repealing section 27, and substituting the following section: “27 If no caveat lodged, Registrar may bring land under Act“(1) The Registrar must (by acting under subsection (2)) bring under this Act the land described in any application if, at the expiration of the time limited in respect of the application, it appears to the Registrar that— “(a)All necessary notices have been given; and “(b)No caveats have been lodged; and “(c)No sufficient cause to the contrary appears. “(2) The Registrar must— “(a)Issue to the applicant or a person specified in writing by the applicant, a certificate of title for the land in Form No. 2 in the First Schedule; or “(b)Record the appropriate information in the register under the Land Transfer (Automation) Amendment Act 1998 and issue a certificate of title accordingly.” | |
By omitting from section 26 the words “the Land Registry Office of the district”, and substituting the words “an appropriate office of the Registrar”. | |
By omitting from section 28 (in both places where they occur) the words “and Examiner”. | |
By adding to section 36 the following subsection: “(3) The Registrar may waive the requirement that instruments be presented for registration in duplicate in respect of— “(a)Any instrument: “(b)Any class of instrument: “(c)Any instrument of a particular class that is presented at a particular office of the Registrar.” | |
By omitting from section 41(1) the words “in manner hereinbefore prescribed”, and substituting the words “under this Act or the Land Transfer (Automation) Amendment Act 1998”. | |
By inserting in section 43, after subsection (1), the following subsection: “(1a) Where the Registrar makes a finding under subsection (1), but has already returned the instrument lodged for registration (other than pursuant to subsection (1)(a)), the Registrar must give a notice to the person by whom the instrument was lodged specifying that— “(a)The return of the instrument is to be regarded as having been made under subsection (1)(a); or “(b)The instrument is to be regarded as having been retained pursuant to subsection (1)(b),— and the instrument must be treated as so returned or retained for the purposes of this section.” | |
| By repealing subsections (5) and (7) of section 43. | |
By omitting from section 44(1) the words “and Examiner, in case they see”, and substituting the words “where he or she has”. | |
By omitting from the proviso to section 44(2) the word “district”, and substituting the word “locality”. | |
| By repealing section 48. | |
| By repealing section 55. | |
By inserting in section 78, after the words “certificate of title”, the words “or computer register as defined in the Land Transfer (Automation) Amendment Act 1998”. | |
By adding to section 90c the following subsection: “(6) References in this section and section 90d to easement certificates include computer interest registers under the Land Transfer (Automation) Amendment Act 1998.” | |
By repealing subsection (3) of section 102, and substituting the following subsection: “(3) The memorandum may be registered under this Act or the Land Transfer (Automation) Amendment Act 1998.” | |
By inserting in section 103(1), after the words “section 37 hereof”, the words “or section 26 of the Land Transfer (Automation) Amendment Act 1998.” | |
By repealing subsection (5) of section 116, and substituting the following subsection: “(5) The memorandum of extension or memorandum of variation may be registered under this Act or the Land Transfer (Automation) Amendment Act 1998.” | |
By omitting from the proviso to section 121(1) the word “district”, and substituting the word “locality”. | |
By inserting in section 121c(2), after the word “Act”, the words “or the Land Transfer (Automation) Amendment Act 1998”. | |
By omitting from section 123(1) the words “and Examiner of Titles”, and by omitting the words “, with the concurrence of the Examiner,”. | |
By omitting from section 124 the words “and Examiner of Titles”. | |
By omitting from section 133(1) the word “district”, and substituting the word “locality”. | |
By omitting from section 141(4) the words “District Land”. | |
By omitting from section 158 the words “District Land Registrar, Assistant Land Registrar, or any deputy of either of those officers, or before a”. | |
By omitting from section 159 the word “Registrar,”. | |
By omitting from section 160 the word “Registrar,”each time it appears, and by omitting the words “Assistant Registrar, or any deputy of that officer,”. | |
By repealing paragraph (a) of section 172, and substituting the following paragraph: “(a)Who sustains loss or damage through any omission, mistake, or misfeasance in the performance of any duty imposed under this Act on the Registrar or an employee of the chief executive of the Department; or”. | |
By inserting in section 183(1), after the word “Act”(in both places where it occurs), the words “or the Land Transfer (Automation) Amendment Act 1998”. | |
By omitting from section 186 the word “Examiner”, and substituting the word “Registrar”. | |
By omitting from section 187 the words “Examiner of titles and the”. | |
By omitting from section 190(2) the words “and Examiner”. | |
By omitting from the second sentence of section 200 the words “Examiner and”; and by further omitting from that sentence the words “they are”, and substituting the words “the Registrar is”. | |
| By repealing sections 220 and 221. | |
By omitting from section 235(4) the words “and section 55 of this Act”. | |
By omitting from section 235(7)(a) the words “and section 55 of this Act (but not the proviso to it) shall apply to the fee;”. | |
By omitting from section 238 the words “, or by the seal of the Registrar of the district within which the same is used,”. | |
By omitting from section 240(1) the expression “a”where it secondly occurs, and substituting the word “the”. | |
By omitting from section 242 the words “a District Land Registrar, or”. |
Schedule 2 Amendments to Land Transfer Amendment Act 1963
Section 43(2)
| Enactment | Amendment |
|---|---|
| 1963, No. 61—The Land Transfer Amendment Act 1963 (R.S. Vol. 22, p. 675) | By repealing subsection (1) of section 5. |
By repealing subsection (2) of section 5, and substituting the following subsection: “(2) The Registrar may, if the Registrar thinks fit, dispense with any of the information required to be supplied in the prescribed form of application, if the Registrar is satisfied that that information cannot reasonably be ascertained and supplied by the applicant.” | |
By omitting from paragraph (a) of section 6 the words “and the Examiner are”, and substituting the word “is”; and by omitting from that paragraph the words “they are”, and substituting the words “the Registrar is”. | |
By omitting from section 7(1) the words “and the Examiner are”, and substituting the word “is”. | |
By omitting from section 15(1)(b) the words “and the Examiner are”, and substituting the word “is”. |
Schedule 3 Amendments to Land Transfer (Hawke’s Bay) Act 1931 and Land Transfer (Hawke’s Bay) Amendment Act 1933
Section 43(3)
| Enactment | Amendment |
|---|---|
| 1931, No. 27—The Land Transfer (Hawke’s Bay) Act 1931 (R.S. Vol. 6, p. 729) | By omitting from section 1(1) the words “shall be read together with and deemed part of the Land Transfer Act 1915 (hereinafter referred to as the principal Act)”, and substituting the words “is part of the Land Transfer Act 1952 (‘the principal Act’)”. |
By repealing the definition in section 2 of the term “‘Registrar’ means the Registrar-General:”. | |
By omitting from section 4(5) the expression “section 37”, and substituting the expression “section 40”. | |
By omitting from section 11(4) the expression “form L”, and substituting the expression “form N”. | |
By omitting from section 13(1) the words “lands or other lands administered by the Hawke’s Bay Land Board, a lease or licence a duplicate of which was embodied in the old register as a folium thereof has been destroyed, the Commissioner of Crown Lands for the Hawke’s Bay Land District”, and substituting the words “land or other land administered by the Commissioner of Crown Lands (appointed under section 12a(1) of the Survey Act 1986), a lease or licence a duplicate of which was embodied in the old register as a folium has been cancelled, the Commissioner”. | |
By omitting from section 14(1) the expression “form L”, and substituting the expression “form N”. | |
By omitting from section 17(5) the term “D.L.R.”, and substituting the word “Registrar”. | |
By omitting from section 18 the expression “section 184”, and substituting the expression “section 212”. | |
By omitting from section 22 the words “any District Land Registrar”, in both places where they occur, and substituting in each case the words “the Registrar”. | |
| 1933, No. 39—The Land Transfer (Hawke’s Bay) Amendment Act 1933 (R.S. Vol. 6, p. 39) | By omitting from section 1 the words “shall be read together with and deemed part of the Land Transfer (Hawke’s Bay) Act 1931”, and substituting the words “is part of the Land Transfer Act 1952 (‘the principal Act’)”. |
By repealing the definition in section 2 of the term “the principal Act”. | |
By omitting from section 5 the expression “section 40”, and substituting the expression “section 44”. |
This Act is administered in the Ministry of Justice.
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Versions
Land Transfer (Automation) Amendment Act 1998
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