Part 2 General rules relating to dispositions, instruments, transactions, and property

Subpart 1—Deeds, powers of appointment, disclaimers, and powers of attorney

9 Deed must be in writing, executed, and delivered

(1)

A deed must be—

(a)

in writing; and

(b)

executed in accordance with this section; and

(c)

delivered in accordance with this section.

(2)

An individual executes a deed if—

(a)

he or she signs the deed; and

(b)

his or her signature is witnessed in accordance with subsection (7).

(3)

A body corporate executes a deed if—

(a)

the deed is signed in the name of the body corporate by—

(i)

the director of the body corporate if it has only 1 director; or

(ii)

not fewer than 2 directors of the body corporate if it has 2 or more directors; or

(iii)

1 director or other person or member of a specified class of person if the body corporate’s constitution authorises a deed to be signed in that way; and

(b)

in the case of a deed signed under paragraph (a)(i) or (iii), the signature is witnessed in accordance with subsection (7).

(4)

A body corporate executes a deed if it executes the deed as provided in any other enactment relating to the execution of a deed by the body corporate.

(5)

A body corporate not incorporated by or under the law of New Zealand may execute a deed other than in accordance with subsections (3) and (4) if the mode of execution would be authorised by the law of the place in which the body corporate is incorporated were the deed executed in that place and governed by that law.

(6)

The Crown executes a deed if—

(a)

it is signed on behalf of the Crown by 1 or more Ministers of the Crown or other officers or employees of the Crown of Her Majesty the Queen in right of New Zealand having express or implied authority to sign the deed on behalf of the Crown; and

(b)

in the case of a deed signed by only 1 person under paragraph (a), the signature is witnessed in accordance with subsection (7).

(7)

A witness—

(a)

must not be a party to the deed; and

(b)

must sign the deed; and

(c)

if signing in New Zealand, must add—

(i)

the name of the city, town, or locality where he or she ordinarily resides; and

(ii)

his or her occupation or description.

(8)

No particular form of words is required for the purposes of subsection (7)(c).

(9)

A deed is binding when—

(a)

delivered by—

(i)

the person to be bound by it; or

(ii)

another person having express or implied authority to deliver it on behalf of the person intended to be bound by it; and

(b)

either—

(i)

it is apparent from the circumstances that the person to be bound by the deed intended to be bound by it; or

(ii)

if the binding force of the deed is subject to the fulfilment of 1 or more conditions, when each condition is fulfilled.

Compare: 1952 No 51 ss 4, 5