Building Act 2004 (2004 No 72)
In section 10(c)(i), replace “Land Transfer Act 1952 and comprised in 1 certificate of title or for which 1 certificate of title”
with “Land Transfer Act 2017 and comprised in 1 record of title or for which 1 record of title”
.
In section 74(2), replace “certificate of title”
with “record of title”
.
In section 74(4), replace “certificate of title”
with “record of title”
.
In the heading to section 78, replace “certificate of title”
with “record of title”
.
In section 78(1), replace “certificate of title”
with “record of title”
in each place.
In the heading to section 79, replace “certificate of title”
with “record of title”
.
In section 79, replace “certificates of title”
with “records of title”
.
In the heading to section 80, replace “Certificates of title”
with “Records of title”
.
In section 80(2), replace “certificates of title”
with “records of title”
.
In the heading to section 81, replace “Mortgage, charge, or lien”
with “Mortgage or charge”
.
In section 81(1)(b), replace “mortgage, charge, or lien”
with “mortgage or charge”
in each place.
In section 81(2), replace “mortgage, charge, or lien”
with “mortgage or charge”
in each place.
In section 81(3), replace “mortgage, charge, or lien”
with “mortgage or charge”
in each place.
In section 81(3), replace “certificate of title”
with “record of title”
in each place.
In section 82(1), replace “certificates of title”
with “records of title”
in each place.
In section 82(1)(a), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 82(2), replace “section 167 of the Land Transfer Act 1952”
with “section 224 of the Land Transfer Act 2017”
.
In section 83(5), replace “mortgage, charge, or lien”
with “mortgage or charge”
.
In section 125(2)(d), replace “section 137 of the Land Transfer Act 1952”
with “section 138 of the Land Transfer Act 2017”
.
In section 133AL(5)(c), replace “section 137 of the Land Transfer Act 1952”
with “section 138 of the Land Transfer Act 2017”
.
In section 155(2)(d), replace “section 137 of the Land Transfer Act 1952”
with “section 138 of the Land Transfer Act 2017”
.
Burial and Cremation Act 1964 (1964 No 75)
In section 31(4), replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 31(5), replace “certificate of title, such notice may, at the discretion of the District Land Registrar, be deemed to be a transfer of the land for the purposes of sections 92 to 94 and section 167 of the Land Transfer Act 1952”
with “record of title, that record may, at the discretion of the Registrar-General of Land, be deemed to be a transfer of the land for the purposes of sections 74 and 224 of the Land Transfer Act 2017”
.
In section 45C(3), replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 45C(3), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 45C(3), replace “certificate of title”
with “record of title”
.
In section 53(1), replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 53(1), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 53(1), replace “certificate of title”
with “record of title”
.
In section 53(2), replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 53(2), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 53(2), replace “certificate of title”
with “record of title”
.
In section 53(3), replace “section 2 of the Land Transfer Act 1952”
with “section 5 of the Land Transfer Act 2017”
.
In section 53(4), replace “District Land Registrar”
with “Registrar-General of Land”
.
Conservation Act 1987 (1987 No 65)
In section 16A(8), replace “District Land Registrars are”
with “The Registrar-General of Land is”
.
In section 17ZA(1), replace “registered proprietor”
with “registered owner”
.
Replace section 17ZC(4) and (5) with:
(4)
An instrument of any variation or extension must be executed by the Minister and by the concessionaire and, if it relates to a lease or licence or easement registered under the Land Transfer Act 2017, must be registered under that Act.
(5)
If the instrument of variation or extension relates to a lease for which a record of title has been issued, the memorandum must be noted on the record of title.
Replace section 24D(1) with:
(1)
Upon the registration of any disposition by the Crown of any land under the Land Transfer Act 2017, the Registrar-General of Land must, without fee, record on the record of title for that land a statement to the effect that the land to which the record of title relates is subject to this Part.
In section 24D(1A), replace “certificate of title for the land under the Land Transfer Act 1952, the District Land Registrar shall, without fee, record the reduction or increase or exemption on the certificate of title”
with “record of title for the land under the Land Transfer Act 2017, the Registrar-General of Land must, without fee, record the reduction or increase or exemption on the record of title”
.
In section 24D(2), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 24D(2A), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 24D(7), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 24E(6), replace “District Land Registrars are”
with “The Registrar-General of Land is”
.
In section 24K(6), replace “certificate of title”
with “record of title”
.
In section 24K(6), replace “District Land Registrar of the land registration district affected”
with “Registrar-General of Land”
.
In section 24K(6), replace “certificates of title”
with “records of title”
.
In section 26(6), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 26(7), replace “A District Land Registrar”
with “The Registrar-General of Land”
.
In section 27(1)(b), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 27(2), replace “District Land Registrar of the land registration district affected”
with “Registrar-General of Land”
.
In section 27(3), replace “certificate or instrument”
with “record”
.
In section 27(3), replace “a District Land Registrar”
with “the Registrar-General of Land”
.
In section 27(3)(a), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 27A(1)(e), replace “District Land Registrar of the land registration district affected”
with “Registrar-General of Land”
.
In section 27A(1)(e), replace “in the appropriate folio of the register”
with “on the appropriate record of title”
.
In section 27A(4), replace “certificate or instrument of title, a District Land Registrar”
with “a record of title, the Registrar-General of Land”
.
In section 50(1), replace “District Land Registrar”
with “Registrar-General of Land”
.
In the heading to section 60F, replace “Certificate of title”
with “Record of title”
.
Replace section 60F(1) with:
(1)
On the written request of the Director-General in respect of any of the land for the time being held under this Act for conservation purposes or for the purposes of the Department, the Registrar-General of Land must issue a record or records of title under the Land Transfer Act 2017 (in the name of Her Majesty the Queen for conservation purposes or for the purposes of the Department).
In section 60F(2), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
Replace section 60F(3) with:
(3)
If the survey of any land is inadequate for the issue of a record of title under subsection (1), the Registrar-General of Land may require the Director-General to deposit such other plan as the Registrar-General of Land, after consultation with the Surveyor-General, thinks sufficient to comply with section 224 of the Land Transfer Act 2017.
In section 64(5), replace “District Land Registrar”
with “Registrar-General of Land”
.
Crown Forest Assets Act 1989 (1989 No 99)
In the heading to section 6, replace “Certificates of title”
with “Records of title”
.
In section 6(1), replace “a District Land Registrar”
with “the Registrar-General of Land”
.
In section 6(1), delete “in the land registry office of the land registration district concerned”.
In section 6(1), delete “and on any outstanding documents of title”
.
In section 6(2), replace “A District Land Registrar”
with “The Registrar-General of Land”
.
In section 6(2), replace “certificate of title”
with “record of title”
in each place.
In section 6(2), delete “in form No 2 of Schedule 1 of the Land Transfer Act 1952, amended as appropriate”
.
In section 7(2), replace “District Land Registrar”
with “Registrar-General of Land”
.
Replace section 8A(1) with:
(1)
Despite anything in the Land Transfer Act 2017, where an easement is granted or reserved over or in favour of Crown forest land for which no record of title has been issued, the Registrar-General of Land must, on written application by either of the responsible Ministers, register the instrument granting or reserving the easement by creating a record of title for the easement.
In section 8A(2), replace “a District Land Registrar”
with “the Registrar-General of Land”
.
In section 8A(3), replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 8A(4), replace “constituted a folium of the register”
with “registered”
.
In section 8A(4), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
Replace section 8A(5) with:
(5)
Where an instrument granting or reserving an easement over or in favour of Crown forest land has been registered under subsection (1) and the land is later registered under the Land Transfer Act 2017, the Registrar-General of Land must make all entries necessary to record the registration of the easement on the record of title for the land.
In section 9(3), replace “a District Land Registrar or Chief Surveyor”
with “the Registrar-General of Land or Surveyor-General”
.
In section 9(3), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 10(7), replace “a District Land Registrar or Chief Surveyor”
with “the Registrar-General of Land or Surveyor-General”
.
In section 10(7), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 19(1), replace “District Land Registrar of the district in which the licensed land is situated”
with “Registrar-General of Land”
.
Replace section 19(2) with:
(2)
On registration of the certificate,—
(a)
the Registrar-General of Land must enter particulars of that certificate and of every protective covenant on the relevant records of title; and
(b)
if no record of title has been issued for the land, the Registrar-General of Land must issue a record of title for the certificate.
In section 19(3), replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 21(1), replace “District Land Registrar of the district in which the licensed land is situated”
with “Registrar-General of Land”
.
In section 21(2), replace “District Land Registrar of the district in which the land is situated”
with “Registrar-General of Land”
.
In section 21(4), replace “District Land Registrar”
with “Registrar-General of Land”
.
Replace section 21(4)(b) with:
(b)
if no record of title has been issued for the land, record particulars of the variation of the covenant on the record of title issued for the covenant certificate under section 19(2)(b).
In section 25(1), replace “District Land Registrar of the district in which the licensed land is situated”
with “Registrar-General of Land”
.
Replace section 25(2) with:
(2)
On registration of the easement certificate,—
(a)
the Registrar-General of Land must enter particulars of that certificate and of the easements on the register and on all relevant records of title; and
(b)
if no record of title has been issued for the land, the Registrar-General of Land must issue a record of title for the easement.
In section 25(3), replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 25(4), replace “section 90D of the Land Transfer Act 1952”
with “section 111 of the Land Transfer Act 2017”
.
In section 26(1), replace “District Land Registrar of the district in which the licensed land is situated”
with “Registrar-General of Land”
.
In section 26(2), replace “District Land Registrar of the district in which the licensed land is situated”
with “Registrar-General of Land”
.
In section 26(4), replace “Registrar shall”
with “Registrar-General of Land must”
.
Replace section 26(4)(b) with:
(b)
if no record of title has been issued for the land, record particulars of the variation of the easement on the record of title for the easement issued under section 25(2)(b).
In section 26(5), replace “section 90E of the Land Transfer Act 1952”
with “section 112 of the Land Transfer Act 2017”
.
In section 30(1), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 30(2), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 30(2), replace “constituting it a folium of the register”
with “creating a record of title for the licence”
.
In section 30(3), replace “deposited in the Land Registry Office of the district where the land is situated”
with “lodged with the Registrar-General of Land”
.
In section 30(3), replace “District Land Registrar for that district shall, subject to subsection (4), on receipt of the licence in triplicate, register the licence even though a plan of the land has not been deposited in accordance with section 167 of the Land Transfer Act 1952”
with “Registrar-General of Land must, subject to subsection (4), on receipt of the licence, register the licence even though a plan of the land has not been deposited in accordance with section 224 of the Land Transfer Act 2017”
.
In section 30(4), replace “District Land Registrar a certificate from the Chief Surveyor for the district in which the licensed land is situated”
with “Registrar-General of Land a certificate from the Surveyor-General”
.
Replace section 30(5) with:
(5)
If a plan of the licensed land has not been deposited in accordance with section 224 of the Land Transfer Act 2017, the Registrar-General of Land must, in accordance with section 17 of that Act,—
(a)
if the licensed land is subject to the Land Transfer Act 2017, record on the record of title for the licensed land that the title is qualified as described in section 17(1)(a) of that Act; or
(b)
if the licensed land is not subject to the Land Transfer Act 2017, record on the record of title for the licence that the title is qualified as described in section 17(1)(a) of that Act.
In section 31(3), replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 31(4), replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 32, replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
Crown Pastoral Land Act 1998 (1998 No 65)
In section 23I(7), replace “computer register”
with “record of title”
.
In section 61(1), replace “appropriate District Land Registrar”
with “Registrar-General of Land”
.
Replace section 61(2) with:
(2)
The Registrar-General of Land must register the notice against the record of title to the land or lease.
In section 61(4), replace “instrument of title”
with “record of title”
.
In section 64, replace “appropriate District Land Registrar”
with “Registrar-General of Land”
.
In section 64, replace “instrument of title”
with “record of title”
.
In section 69(2), replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 69(2), replace “certificate of title”
with “record of title”
.
In section 97(2), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 97(3), replace “District Land Registrar of the land registration district in which the land over which a sustainable management covenant has been reserved is situated”
with “Registrar-General of Land”
.
In section 99, replace “District Land Registrar”
with “the Registrar-General of Land”
.
District Grand Lodges and District Grand Royal Arch Chapters of English Freemasons of New Zealand Trustees Act 1976 (1976 No 1 (P))
In section 2, definition of legal proceedings, replace “any District Land Registrar”
with “the Registrar-General of Land”
.
In section 6(1), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 6(1), replace “registered proprietors”
with “registered owners”
.
In section 8, replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 8, replace “in the appropriate District Land Registry”
with “with the Registrar-General of Land”
.
In section 8, replace “certificate of title”
with “record of title”
.
In section 8, replace “proprietor or proprietors”
with “owner or owners”
in each place.
In section 11, replace “any District Land Registrar”
with “the Registrar-General of Land”
.
In Schedule 1, replace “certificate of title, Volume [Volume number], folio [folio number] in the [specify] Registry”
with “record of title [reference number]”
.
In Schedule 2, replace “certificate of title”
with “record of title”
.
Education Act 1989 (1989 No 80)
In section 204(2), replace “District Land Registrar for the land registration district in which the land is situated”
with “Registrar-General of Land”
.
In section 207(1), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 208(1), replace “A District Land Registrar”
with “The Registrar-General of Land”
.
In section 208(1)(a), replace “in the land registry office of the land registration district concerned”
with “under the Land Transfer Act 2017”
.
In section 208(3), replace “A District Land Registrar”
with “The Registrar-General of Land”
.
In section 208(3), replace “certificate of title”
with “record of title”
.
In section 208(3), delete “in form No 1 in Schedule 1 of the Land Transfer Act 1952, amended as appropriate”
.
In section 208(4), replace “certificate of title”
with “record of title”
.
In section 209(1), replace “a District Land Registrar”
with “the Registrar-General of Land”
.
In section 209(1), replace “certificate of title”
with “record of title”
.
In section 209(1), replace “the District Land Registrar”
with “the Registrar-General of Land”
in each place.
In section 209(2), replace “certificate of title”
with “record of title”
in each place.
In section 209(2), replace “District Land Registrar”
with “Registrar-General of Land”
in each place.
In the heading to section 211, replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 211(1), replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 211(1), replace “certificate of title”
with “record of title”
.
In section 213(2), replace “certificate of title”
with “record of title”
.
In section 217(8), replace “District Land Registrar for the land registration district in which the land is situated”
with “Registrar-General of Land”
.
In section 243(4), replace “District Land Registrar for the land registration district in which the land is situated”
with “Registrar-General of Land”
.
Forestry Encouragement Act 1962 (1962 No 20)
In section 2(1), definition of Registrar, replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
in each place.
In section 2(1), definition of Registrar, replace “District Land Registrar or the Registrar of Deeds, as the case may require, for the land registration district within which the land is situated;”
with “Registrar-General of Land or the Registrar of Deeds, as the case may require,”
.
In section 5(5), replace “enter a memorial of the agreement upon the register against the title to the land of the owner or occupier who is a party to the agreement specified in the application.”
with “register the agreement.”
In section 5(5), delete “In any such case it shall not be necessary for the Registrar to record the like memorial on the duplicate certificate of title or lease.”
In section 5(5), replace “memorial”
where it appears in the final sentence, with “register”
.
In section 5(7A), replace “section 137 of the Land Transfer Act 1952”
with “section 138 of the Land Transfer Act 2017”
.
In section 5(9), replace “section 105 of the Land Transfer Act 1952”
with “section 103 of the Land Transfer Act 2017”
.
In section 5(10), replace “section 102 of the Land Transfer Act 1952”
with “section 101 of the Land Transfer Act 2017”
.
In section 7(2), replace “section 105 of the Land Transfer Act 1952”
with “section 103 of the Land Transfer Act 2017”
.
In section 7(2)(a), replace “Land Transfer Act 1952, of a memorandum of priority under section 103 of that Act”
with “Land Transfer Act 2017, of a mortgage priority instrument under section 102 of that Act”
.
In section 7(2)(b), replace “Land Transfer Act 1952, of a memorandum of priority”
with “Land Transfer Act 2017, of a mortgage priority instrument”
.
In section 7(2A), replace “charge within the meaning of section 103 of the Land Transfer Act 1952”
with “registered charge within the meaning of section 102 of the Land Transfer Act 2017”
.
In section 7(2B), replace “memorandum of priority”
with “mortgage priority instrument”
.
In section 7(2B), replace “the memorandum”
with “the instrument”
in each place.
Forestry Rights Registration Act 1983 (1983 No 42)
In section 2, definition of forestry covenant, replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 2, definition of land, replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 3(2), replace “Land Transfer Act 1952 against the title of the estate of the proprietor”
with “Land Transfer Act 2017 against the title of the estate of the owner”
.
In section 3(2A), replace “certificate of title has been issued under the Land Transfer Act 1952”
with “record of title has been issued under the Land Transfer Act 2017”
.
In section 5(1), replace “Land Transfer Act 1952, instead of complying with section 167”
with “Land Transfer Act 2017, instead of complying with section 224”
.
In section 5(1), replace “Part 11 of the Land Transfer Act 1952 in respect of any such boundary not defined in accordance with the said section 167”
with “subpart 3 of Part 2 of the Land Transfer Act 2017 in respect of any such boundary not defined in accordance with section 224 of that Act”
.
In section 5(2), replace “section 167(5) of the Land Transfer Act 1952”
with “section 224(4) of the Land Transfer Act 2017”
.
In section 5(3), replace “certificate of title”
with “record of title”
.
In section 5A(1), replace “certificate of title has been issued under the Land Transfer Act 1952, the holder may request the appropriate Registrar”
with “record of title has been issued under the Land Transfer Act 2017, the holder may request the Registrar-General of Land”
.
Replace section 5A(2) and (3) with:
(2)
The Registrar-General of Land must, at the request of the holder, create a record of title for the forestry right.
(3)
No record of title may be issued unless a licensed cadastral surveyor certifies that the land to which that forestry right relates is within the boundaries of a parcel of land identified on a plan lodged in the office of the Surveyor-General or Registrar-General of Land.
In section 5A(4), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 7(2), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
Forests Act 1949 (1949 No 19)
In the heading to section 67K, replace “certificate of title”
with “record of title”
.
In section 67K(1), replace “appropriate District Land Registrar”
with “Registrar-General of Land”
.
Replace section 67K(2) to (4) with:
(2)
The Registrar-General of Land must, at the request of the owner, note the plan in the register.
(3)
If no record of title for the land has been issued, the Registrar-General of Land must create a record of title for the plan.
(4)
No sustainable forest management plan may be received for the issue of a record of title under subsection (3) unless it has endorsed on it a certificate by a licensed cadastral surveyor certifying that the land specified in that plan is within the boundaries of a parcel of land identified on a plan lodged with the Surveyor-General or the Registrar-General of Land.
In section 67K(6), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 67K(7), replace “section 167 of the Land Transfer Act 1952”
with “section 224 of the Land Transfer Act 2017”
.
In section 67K(8), replace “Part 11 of the Land Transfer Act 1952”
with “subpart 3 of Part 2 of the Land Transfer Act 2017”
.
In section 67K(8), replace “the said section 167”
with “section 224 of that Act”
.
In section 67K(9), replace “section 167(5) of the Land Transfer Act 1952”
with “section 224 of the Land Transfer Act 2017”
.
In section 67K(10), replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 67K(11), replace “the appropriate District Land Registrar or District Registrar of the Maori Land Court”
with “the Registrar-General of Land or the appropriate District Registrar of the Maori Land Court”
.
In section 67K(11), replace “the appropriate District Land Registrar or District Registrar shall”
with “the Registrar-General of Land or the appropriate District Registrar must”
.
In section 67ZD(1), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
Replace section 67ZD(2) with:
(2)
If a forest sink covenant relates to land for which no record of title has been created, the Registrar-General of Land must—
(a)
create a record of title for the covenant if—
(i)
a licensed cadastral surveyor has certified that the land to which the covenant relates is within the boundaries of an identified parcel of land; and
(ii)
the Registrar-General of Land is satisfied that the certificate is correct; and
(b)
record the certificate of the licensed cadastral surveyor on the record of title issued for the covenant.
In section 67ZD(4), replace “computer register for the district in which the affected land is located”
with “record of title”
.
In section 67ZD(5), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 67ZD(6), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 67ZD(7)(b), replace “a deposit plan”
with “a plan capable of deposit under section 224 of the Land Transfer Act 2017”
.
In section 67ZD(8), replace “section 167(5) of the Land Transfer Act 1952”
with “section 224 of the Land Transfer Act 2017”
.
In section 67ZD(9), replace “section 167 of the Land Transfer Act 1952”
with “section 224 of the Land Transfer Act 2017”
.
In section 67ZE(1), replace “the Statutory Land Charges Registration Act 1928”
with “subpart 5 of Part 3 of the Land Transfer Act 2017”
.
In section 67ZE(4), replace “the Statutory Land Charges Registration Act 1928”
with “subpart 5 of Part 3 of the Land Transfer Act 2017”
.
Greater Christchurch Regeneration Act 2016 (2016 No 14)
In section 75(1)(b), replace “section 167 of the Land Transfer Act 1952”
with “the Land Transfer Act 2017”
.
In section 75(3), replace “computer registers”
with “records of title”
.
Replace section 75(4) to (7) with:
(4)
If an adjoining owner fails to respond within 10 working days (or any further period allowed by the chief executive) after the date of service of the request for consent or refuses to consent, the chief executive may direct the Registrar-General of Land, upon deposit of the cadastral survey dataset or survey plan, to issue a record of title qualified as described in section 17(1)(a) of the Land Transfer Act 2017.
(5)
The chief executive may direct the Registrar-General of Land to disapply the application of section 207 of the Land Transfer Act 2017 in respect of any qualified record of title issued in accordance with subsection (4), and the Registrar-General of Land must remove the qualification as to title.
(6)
Subsection (5) is subject to any relevant determination by a court under subpart 4.
In section 76(2), replace “section 205(4) of the Land Transfer Act 1952 against a computer register that is issued limited as to parcels”
with “section 207 of the Land Transfer Act 2017 against a qualified record of title issued”
.
In section 78(4)(a), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 78(4)(b), replace “section 137 of the Land Transfer Act 1952”
with “section 138 of the Land Transfer Act 2017”
.
In section 101(1), replace “computer register or computer registers”
with “record of title or records of title”
.
In section 103(3), replace “computer register”
with “record of title”
.
In section 103(4), replace “computer register”
with “record of title”
.
In section 105(1), replace “computer register”
with “record of title”
.
In section 105, replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
in each place.
Harbour Boards Dry Land Endowment Revesting Act 1991 (1991 No 104)
In the heading to section 8, replace “certificates of title”
with “records of title”
.
In section 8(1), replace “certificate of title”
with “record of title”
.
In section 8(1), replace “appropriate District Land Registrar”
with “Registrar-General of Land”
.
In section 8(2), replace “certificate of title”
with “record of title”
in each place.
In section 8(2), replace “appropriate District Land Registrar”
with “Registrar-General of Land”
.
In section 8(2), replace “the District Land Registrar”
with “the Registrar-General of Land”
.
In the heading to section 9, replace “certificates of title”
with “records of title”
.
In section 9(1), replace “for deposit at the office of the appropriate District Land Registrar”
with “with the Registrar-General of Land”
.
In section 9(2), replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 9(2), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 9(2), replace “certificate of title”
with “record of title”
.
In section 9(3), replace “certificate of title”
with “record of title”
in each place.
In section 9(3), replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 9(4), replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 9(4), replace “certificate of title”
with “record of title”
in each place.
In section 9(5), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 9(5), replace “certificate of title”
with “record of title”
.
In section 10, replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In the Schedule, replace “certificate of title”
with “record of title”
in each place.
Health Sector (Transfers) Act 1993 (1993 No 23)
In section 6(2)(a), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 11H(3), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In Schedule 1, clause 4(1), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In Schedule 1, clause 4(2), replace “section 137 of the Land Transfer Act 1952”
with “section 138 of the Land Transfer Act 2017”
.
In Schedule 1, clause 4(3), delete “, for the purposes of section 138 of the Land Transfer Act 1952,”
.
In Schedule 1, replace clause 9(1) with:
(1)
The Registrar-General of Land must, on written application by any person authorised by the Minister and on payment of the prescribed fee,—
(a)
register a transferee as the owner, in substitution for the transferor, of the estate or interest of the transferor, in any land for which a record of title has been issued and that is transferred to the transferee under this Act; and
(b)
make such entries against that record of title and do anything else that may be necessary to give effect to this clause.
In Schedule 1, replace clause 9(3) with:
(3)
The Registrar-General of Land must, on written application by any person authorised by the Minister and on payment of the prescribed fee, issue a record of title for land vested in a transferee in accordance with clause 10(1) of this schedule.
In Schedule 1, clause 9(4), replace “certificate of title”
with “record of title”
.
In Schedule 1, clause 9(4), replace “seized”
with “seised”
.
In Schedule 1, clause 10(1), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In Schedule 1, replace clause 11 with:
11 Land certification
(1)
Before the Registrar-General of Land issues a record of title in respect of any land vested in a transferee under clause 10, the Registrar-General of Land must receive from the chief executive as defined in section 4 of the Cadastral Survey Act 2002 or the Surveyor-General a certificate in the form set out in Schedule 2 of the Land Act 1948 as to the legal description of the land, any trusts, reservations, or restrictions affecting the land, and any other matters that the Registrar-General of Land considers appropriate.
(2)
A certificate received in accordance with subclause (1) must be filed by the Registrar-General of Land and is conclusive evidence to the Registrar-General of Land of the matters required to be stated in that certificate.
In Schedule 1, clause 12(1), replace “Land Transfer Act 1952, the Director-General within the meaning of section 2 of the Survey Act 1986 or any Chief Surveyor shall”
with “Land Transfer Act 2017, the Surveyor-General must”
.
In Schedule 1, clause 12(2), replace “District Land Registrar”
with “Registrar-General of Land”
.
In Schedule 1, clause 12(2), replace “certificate of title”
with “record of title”
.
In Schedule 1, clause 12(3), replace “certificate of title”
with “record of title”
.
In Schedule 1, clause 12(3), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
Housing Act 1955 (1955 No 51)
In section 17, replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
Replace section 18(1) to (4) with:
(1)
Despite anything to the contrary in the Land Transfer Act 2017, an agreement for sale or a licence to occupy under section 16 or 17 may be registered under the Land Transfer Act 2017 by creating a record of title for it, and the same registration fee is payable on any such agreement or licence as on a lease instrument.
(2)
Any such agreement or licence may describe the land comprised in it by reference to the plan of the land held by the Corporation as well as by any other mode of description; and, where a copy of that plan is deposited with the Registrar-General of Land or a plan of the land is endorsed on the agreement or licence, the Registrar-General of Land must register the agreement or licence even though a plan of the land has not been deposited under section 224 of the Land Transfer Act 2017.
(3)
If a plan of the land has not been deposited that adequately defines the land under section 224 of the Land Transfer Act 2017, the Registrar-General of Land may record in the record of title for the agreement or licence that the title is qualified as described in section 17(1)(a) of the Land Transfer Act 2017.
In section 18(7), replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 18(7), replace “memorandum of extension of a lease”
with “lease variation instrument”
.
In section 18(8), replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 18(9), replace “District Land Registrar, before issuing a certificate of title under the Land Transfer Act 1952”
with “Registrar-General of Land, before issuing a record of title under the Land Transfer Act 2017”
.
In section 18(9), replace “the certificate of title”
with “the record of title”
.
In section 23(1), replace “section 63 of the Land Transfer Act 1952”
with “sections 51 and 52 of the Land Transfer Act 2017”
.
In section 26(2)(a), replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 26(5), replace “Part 11 of the Land Transfer Act 1952”
with “subpart 3 of Part 2 of the Land Transfer Act 2017”
.
In section 29(1), replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 29(1), delete “; and shall be so registered without production of the duplicate certificate of title or other document of title relating to the land if the Corporation is unable to produce the same”
.
In section 29(2), replace “registered proprietor”
with “registered owner”
.
In section 29(4), replace “Registrar”
with “Registrar-General of Land”
.
In section 29(8), replace “Registrar”
with “Registrar-General of Land”
in each place.
In section 29(9), replace “Part 11 of the Land Transfer Act 1952”
with “subpart 3 of Part 2 of the Land Transfer Act 2017”
.
In section 29(9), replace “Registrar”
with “Registrar-General of Land”
.
In section 36(3), replace “any District Land Registrar”
with “the Registrar-General of Land”
.
In section 36(4), replace “memorandum of transfer”
with “transfer instrument”
.
In section 37, replace “No District Land Registrar shall”
with “The Registrar-General of Land must not”
.
Replace section 38 with:
38 Cancellation of restrictions imposed under former legislation on freehold titles in respect of dwellings
(1)
This section applies when the Registrar-General of Land is presented with a record of title issued pursuant to the Housing Act 1919, the Workers’ Dwellings Act 1910, or any former Workers’ Dwellings Act.
(2)
The Registrar-General of Land must, without requiring the payment of any fee, at the request of the Corporation, cancel any endorsement, memorial, restriction, or limitation imposed by or under any of the Acts listed in subsection (1) or by or under section 22 of the State Advances Corporation Act 1936.
(3)
The Registrar-General of Land must not cancel an easement issued under Part 2 of the Finance Act (No 2) 1952 unless the Corporation requests him or her to do so.
Housing Assets Transfer Act 1993 (1993 No 50)
In section 5(2), replace “a District Land Registrar or Chief Surveyor”
with “the Registrar-General of Land or Surveyor-General”
.
In section 5(2), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 7(2), replace “District Land Registrars and”
with “The Registrar-General of Land and all”
.
Replace section 8 with:
8 Title to housing assets vested in Corporation
(1)
The Registrar-General of Land must, on written application by any person authorised by either of the Ministers and on payment of any prescribed fee, register the Corporation as the owner, in substitution for the Crown, of the estate or the interest of the Crown in—
(a)
land, other than land that is registered under the Land Transfer Act 2017, that is vested in the Corporation pursuant to this Act; or
(b)
land that is subject to the Land Transfer Act 2017 but for which no record of title has been issued and that is vested in the Corporation pursuant to this Act.
(2)
Every application under subsection (1) must—
(a)
state that the land has been vested in the Corporation under this Act; and
(b)
contain a description of the land that is sufficient to identify it; and
(c)
in the case of land that has not previously been registered under the Land Transfer Act 2017, be accompanied by a certificate from the Surveyor-General in the form required by section 9(1).
(3)
The Registrar-General of Land must, on written application by any person authorised by either of the Ministers and on payment of any prescribed fee, register the Corporation as owner, in substitution for the Crown, of the estate or interest of the Crown as mortgagee under any mortgage of land that is vested in the Corporation pursuant to this Act.
(4)
Any other person charged with the keeping of any books or registers must, on written application by any person authorised by either of the Ministers and on payment of any prescribed fee,—
(a)
register the Corporation, in substitution for the Crown, as the mortgagee under any mortgage of land or as the holder of any other security, not being a mortgage or security registered under the Land Transfer Act 2017, that is vested in the Corporation pursuant to this Act; and
(b)
make any entries in those books or registers necessary for that purpose.
(5)
Every application under subsection (3) or (4) must—
(a)
state that the mortgage or security has been vested in the Corporation under this Act; and
(b)
contain a description of the mortgage or security that is sufficient to identify it.
Replace section 9(1) with:
(1)
Before the Registrar-General of Land issues a record of title in respect of any land, other than land that is registered under the Land Transfer Act 2017, that is vested in the Corporation pursuant to this Act, the Registrar-General of Land must either receive under the hand of, or request from, the chief executive within the meaning of section 4 of the Cadastral Survey Act 2002 or the Surveyor-General a certificate in a form substantially similar to the form set out in Schedule 2 of the Land Act 1948 as to the legal description of the land, any trusts and reservations affecting it, and any other matters that the Registrar-General of Land considers appropriate.
In section 9(2), replace “shall be filed by the District Land Registrar in the land registry office and shall be conclusive evidence to the District Land Registrar”
with “must be recorded by the Registrar-General of Land in the register and is conclusive evidence to the Registrar-General of Land”
.
In section 10(1), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 10(2), replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 10(2), replace “certificate of title”
with “record of title”
.
In section 10(3), replace “certificate of title”
with “record of title”
.
In section 10(3), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
Housing Restructuring and Tenancy Matters Act 1992 (1992 No 76)
In section 2(1), repeal the definition of District Land Registrar.
In section 25(2), replace “District Land Registrars and other persons charged with the keeping of books or registers are”
with “The Registrar-General of Land or any other person charged with the keeping of books or registers is”
.
Replace section 28(1) to (5) with:
(1)
The Registrar-General of Land must, on written application by any person authorised by either of the shareholding Ministers and on payment of any prescribed fee,—
(a)
register the company as the owner, in substitution for the Crown, of the estate or the interest of the Crown in land that is incorporated in the register or otherwise registered and that is vested in the company pursuant to this Part; and
(b)
register the company as the owner, in substitution for the Corporation, of the estate or the interest of the Corporation in land that is incorporated in the register or otherwise registered and that is vested in the company pursuant to this Part.
(2)
The powers conferred by subsection (1) may be exercised in respect of any estate or interest that is incorporated in the register by virtue of a lease or licence that has expired or been determined.
(3)
The Registrar-General of Land must, on written application by any person authorised by either of the shareholding Ministers and on payment of the prescribed fee, issue a record of title for land, other than land that is registered under the Land Transfer Act 2017, that is vested in the company pursuant to this Part.
(4)
The Registrar-General of Land must, on written application by a person authorised by either of the shareholding Ministers and on payment of the prescribed fee, issue a record of title for land that is subject to the Land Transfer Act 2017 but for which no record of title has been issued and that is vested in the company pursuant to this Part.
(5)
Every application under subsection (1) must—
(a)
state that the land has been vested in the Corporation under this Act; and
(b)
contain a description of the land that is sufficient to identify it; and
(c)
in the case of land that has not previously been registered under the Land Transfer Act 2017, be accompanied by a certificate from the Surveyor-General in the form required by section 29(1).
Replace section 29(1) with:
(1)
Before the Registrar-General of Land issues a record of title in respect of any land, other than land that is registered under the Land Transfer Act 2017, that is vested in the company pursuant to this Part, the Registrar-General of Land must either receive under the hand of, or request from, the chief executive within the meaning of section 4 of the Cadastral Survey Act 2002 or the Surveyor-General a certificate in a form substantially similar to the form set out in Schedule 2 of the Land Act 1948 as to the legal description of the land, any trusts, reservations, or restrictions affecting the land, and any other matters that the Registrar-General of Land considers appropriate.
Replace section 29(2) with:
(2)
A certificate referred to in subsection (1) must be recorded by the Registrar-General of Land in the register and is conclusive evidence to the Registrar-General of Land of the matters required to be stated in it.
Replace section 30(1) with:
(1)
Where land is vested in the company pursuant to this Part subject to the reservation of or together with any easement, not being an easement previously registered under the Land Transfer Act 2017, the chief executive within the meaning of section 4 of the Cadastral Survey Act 2002 or the Surveyor-General must include in the certificate given under section 29(1) of this Act a sufficient description of the easement and particulars as to the rights and powers, terms, covenants, conditions, or restrictions attaching to it.
In section 30(2), replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 30(2), replace “certificate of title”
with “record of title”
.
In section 30(3), replace “certificate of title”
with “record of title”
.
In section 30(3), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
Replace section 36(1) with:
(1)
The Registrar-General of Land must, on written application by any person authorised by either of the shareholding Ministers and on payment of the prescribed fee, register the Crown as the owner, in substitution for the company, of the estate or interest of the company in any land that is incorporated in the register or otherwise registered and that is vested in the Crown pursuant to an Order in Council made under section 35.
In section 172(c), replace “registered proprietor”
with “registered owner”
.
Irrigation Schemes Act 1990 (1990 No 52)
In section 2, repeal the definition of District Land Registrar.
In section 4(6)(c), replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 4(7), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 4(8), replace “District Land Registrar”
with “Registrar-General of Land”
in each place.
In section 4(9), replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 4(10), replace “Part 11 of the Land Transfer Act 1952”
with “subpart 3 of Part 2 of the Land Transfer Act 2017”
.
In section 4(11), replace “registered proprietor”
with “registered owner”
.
In section 4(12), replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 4(12), replace “memorandum of transfer”
with “transfer instrument”
.
In section 4(12), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 5(3)(d), replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 5(4), replace “District Land Registrar”
with “Registrar-General of Land”
in each place.
In section 5(5), replace “Part 11 of the Land Transfer Act 1952”
with “subpart 3 of Part 2 of the Land Transfer Act 2017”
.
In section 5(6), replace “registered proprietor”
with “registered owner”
.
In section 5(7), replace “memorandum of transfer”
with “transfer instrument”
.
In section 5(7), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 9(2), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 10(1), replace “A District Land Registrar”
with “The Registrar-General of Land”
.
In section 10(1)(a), delete “in the Land Registry Office of the land registration district concerned”
.
In section 10(2), replace “A District Land Registrar”
with “The Registrar-General of Land”
.
In section 10(2), replace “certificate of title for land vested in the transferee pursuant to section 9(2) of this Act in form 1 of Schedule 1 of the Land Transfer Act 1952, amended as appropriate”
with “record of title for land vested in the transferee”
.
In section 10(2), replace “The District Land Registrar”
with “The Registrar-General of Land”
.
In section 10(2), replace “such certificate of title”
with “such record of title”
.
In section 11(1), replace “a District Land Registrar”
with “the Registrar-General of Land”
.
In section 11(1), replace “certificate of title”
with “record of title”
.
In section 11(1), replace “the District Land Registrar”
with “the Registrar-General of Land”
in each place.
In section 11(2), replace “District Land Registrar”
with “Registrar-General of Land”
in each place.
Joint Family Homes Act 1964 (1964 No 45)
In section 2, definition of flat-owning company, replace “flat-owning company within the meaning of Part 7A of the Land Transfer Act 1952”
with “flat or office owning company to which subpart 6 of Part 3 of the Land Transfer Act 2017 applies”
.
In section 2, definition of land, replace “Part 7A of the Land Transfer Act 1952”
with “subpart 6 of Part 3 of the Land Transfer Act 2017”
.
In section 2, definition of registered proprietor, replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
in each place.
In section 2, definition of registered proprietor, replace “person registered as proprietor of the land”
with “registered owner”
.
In section 2, definition of Registrar, replace “District Land Registrar or the Registrar of Deeds for the district in which the land is situated”
with “Registrar-General of Land or the Registrar of Deeds”
.
In section 5(1)(d), replace “Part 7A of the Land Transfer Act 1952”
with “subpart 6 of Part 3 of the Land Transfer Act 2017”
.
In section 7(1)(a), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 7(1)(a), delete “, and on the duplicate grant, certificate of title, lease, licence, or other instrument of title,”
.
In section 10(6)(a), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
Replace section 10(7) with:
(7)
In any case where the land in respect of which a settlement is cancelled comprises a lease or licence from a flat owning company, upon the cancellation being effected in respect of the land in accordance with subsection (6), it is deemed to have been effected in respect of the relative shares.
Replace section 12(1)(b) with:
(b)
on receipt of any such written advice the company must, where any change in the name or names of the registered holder or holders of the relative shares is involved, register the person or persons named in the advice as the registered holder or holders of the shares, and issue a share certificate in his, her, or their name or names in respect of the shares.
Land Act 1948 (1948 No 64)
In section 42(1), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 42(2), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
in each place.
In section 42(2)(a), replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 42(3), replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 42(3), replace “certificate of title”
with “record of title”
.
In section 42(4), replace “certificate of title”
with “record of title”
.
In section 48(4), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 48(5), replace “District Land Registrar”
with “Registrar-General of Land”
in each place.
In section 48(5), replace “certificate of title”
with “record of title”
in each place.
In section 48(5), replace “registered proprietor”
with “registered owner”
.
In section 48(5), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 54(3), replace “registered under the Land Transfer Act 1952”
with “registered under the Land Transfer Act 2017”
.
In section 54(3), replace “registered proprietor under a certificate of title under the Land Transfer Act 1952”
with “registered owner under a record of title under the Land Transfer Act 2017”
.
In section 60(4), replace “District Land Registrar”
with “Registrar-General of Land”
in each place.
In section 60B(3), replace “Part 11 of the Land Transfer Act 1952”
with “subpart 3 of Part 2 of the Land Transfer Act 2017”
.
In section 65(9), replace “certificate of title”
with “record of title”
.
Replace section 82(1) with:
(1)
For every lease or licence issued under this Act except leases and licences referred to in subsection (4) the Registrar-General of Land must, after execution by the Commissioner and the lessee or licensee, create a record of title for the lease or licence.
Replace section 82(1A) with:
(1A)
If the land comprised in any such lease or licence is not properly defined by survey or for any other reason cannot be fully described, the Registrar-General of Land may register the lease or licence, but must record on the record of title for the lease or licence that the title is qualified as described in section 17(1)(a) of the Land Transfer Act 2017.
In section 82(3), replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 82(3A), replace “a lease or licence constitutes a folium of the register in the office of the District Land Registrar”
with “a record of title has been issued for the lease or licence”
.
In section 82(3A)(a), replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 82(3A)(b), replace “District Land Registrar to issue a certificate of title under the Land Transfer Act 1952”
with “Registrar-General of Land to issue a record of title under the Land Transfer Act 2017”
.
In section 82(3A)(b), replace “District Land Registrar shall issue a certificate of title”
with “Registrar-General of Land must issue a record of title”
.
Replace section 83(1) and (2) with:
(1)
The Registrar-General of Land must create a record of title for any lease or licence that is, under section 48 or 82(4) (other than licences issued under section 68 or Part 11), not required to be registered under the Land Transfer Act 2017 if the lease or licence is presented by the Commissioner to the Registrar-General of Land for registration.
(2)
Subject to the requirements of this Act relating to dealings with any lease or licence, any instrument or notice of any kind which is registrable against a lease under the Land Transfer Act 2017 by virtue of that Act or any other Act is registrable against any lease or licence recorded under subsection (1), and may be so registered in the manner prescribed by the Act by virtue of which it is registrable.
In section 83(3)(a), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 83(3)(b), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 83(4), replace “District Land Registrar”
with “Registrar-General of Land”
.
Replace section 88(5) with:
(5)
On production to the Registrar-General of Land of a certificate, signed by the Commissioner, of any increase in the rental value or in the rent or purchase price payable under any lease or licence pursuant to this section, the Registrar-General of Land must record details of the increase on the record of title issued for the lease or licence.
In section 91, replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 91A(2), replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 113(1), replace “District Land Registrar”
in the first place it appears with “Registrar-General of Land”
.
In section 113(1), replace “District Land Registrar, who shall thereupon endorse on the relevant lease or licence a memorial of the same”
with “Registrar-General of Land, who must enter details of this on any record of title issued for the lease or licence”
.
In section 113(2), replace “on the endorsement on the lease or licence of an appropriate memorial by the District Land Registrar”
with “on the entry of details on the record of title for the lease or licence by the Registrar-General of Land”
.
Replace section 113(4) with:
(4)
In this section, lease or licence includes a lease, current at the date when the land first became Crown land subject to this Act, of land of which Her Majesty the Queen is the registered owner under a record of title under the Land Transfer Act 2017.
(5)
Where land is incorporated in any lease of the type described in subsection (4), the Registrar-General of Land, on production of the certificate by the Commissioner referred to in subsection (1), must issue a record of title in the name of Her Majesty the Queen for the land incorporated in the lease.
(6)
Every record of title issued under subsection (5) continues in force until the expiration or sooner determination of the lease, and must then be cancelled by the Registrar-General of Land.
In section 114(2)(b), replace “certificate of title for the land, the District Land Registrar”
with “record of title for the land, the Registrar-General of Land”
.
In section 114(3)(b), replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 114(4), replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 115(1), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 116(1), replace “certificate of title under the Land Transfer Act 1952”
with “record of title under the Land Transfer Act 2017”
.
Replace section 116(2) and (3) with:
(2)
No authority other than a certificate by the chief executive within the meaning of section 4 of the Cadastral Survey Act 2002 or the Surveyor-General as provided for in subsection (3) is necessary for the issue of a record of title under subsection (1).
(3)
On completion of all necessary surveys (if any) the chief executive within the meaning of section 4 of the Cadastral Survey Act 2002 or the Surveyor-General may file in the office of the Registrar-General of Land a certificate in the form set out in Schedule 2 of this Act certified as correct by the chief executive within the meaning of section 4 of the Cadastral Survey Act 2002 or the Surveyor-General. Every such certificate has the same effect as a warrant issued under section 12 of the Land Transfer Act 1952, and the Registrar-General of Land must issue a record of title for the land under the Land Transfer Act 2017.
In section 116(4), replace “certificate of title”
with “record of title”
.
In section 116(4), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 116(6), replace “District Land Registrar”
with “Registrar-General of Land”
.
Replace section 116(7) with:
(7)
If it appears that the estate of any person named in a certificate filed under subsection (3) as entitled to the land described in the certificate has become vested in any other person claiming through the named person, the Registrar-General of Land may issue a record of title direct to the other person. The record of title must be made subject to all encumbrances, estates, and interests appearing to affect the land at the date the record of title is issued.
In section 116(8), replace “certificate of title”
with “record of title”
.
In section 124(1), replace “certificate of title”
with “record of title”
.
In section 144(2), replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 144(2), delete “, and on the outstanding copy thereof when produced to him”
.
In section 147(3), replace “District Land Registrar”
with “Registrar-General of Land”
.
In the heading to section 160, replace “certificate of title”
with “record of title”
.
In section 160(1), replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 160(1), replace “certificate of title”
with “record of title”
.
In section 160(3), replace “any District Land Registrar or Registrar of the High Court”
with “the Registrar-General of Land or any Registrar of the High Court”
.
In section 167(6), replace “District Land Registrar”
with “Registrar-General of Land”
.
Replace section 170(2) with:
(2)
The memorandum of renewal or variation must—
(a)
be signed by the Commissioner and by the lessee or licensee; and
(b)
be registered with the Registrar-General of Land.
(2A)
Upon receiving a memorandum of renewal or variation under subsection (2), the Registrar-General of Land must,—
(a)
if no record of title exists for the leasehold interest being renewed or varied, record the renewal or variation on the register; or
(b)
if a record of title exists for the leasehold interest being renewed or varied, update the record of title.
In the heading to section 171, replace “certificate of title”
with “record of title”
.
In section 171(1), replace “certificate of title”
with “record of title”
.
In the Schedule 2 heading, replace “certificate of title under the Land Transfer Act 1952”
with “record of title under Land Transfer Act 2017”
.
In Schedule 2, replace “issue of certificate of title”
with “issue of record of title”
.
In Schedule 2, replace “District Land Registrar is hereby authorised to issue accordingly a certificate of title under the Land Transfer Act 1952”
with “Registrar-General of Land is hereby authorised to issue a record of title under the Land Transfer Act 2017”
.
Local Government Act 1974 (1974 No 66)
In section 327A, replace “District Land Registrar”
with “Registrar-General of Land”
.
Replace section 345(2) with:
(2)
If the council pursuant to subsection (1)(a)(i) sells the land to the owner or owners of any adjoining land, it may require, despite the provisions of any other enactment, the amalgamation of that land with the adjoining land under 1 record of title. The Registrar-General of Land may, if he or she thinks fit, dispense with any survey that would otherwise be required for the purposes of the issue of a record of title under this section, and may issue a record of title qualified as described in section 17(1)(a) of the Land Transfer Act 2017.
In section 345(2A), replace “certificate of title”
with “record of title”
in each place.
In section 345(2B), replace “certificate of title”
with “record of title”
in each place.
In section 345(2B), replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 345(5), replace “certificate of title”
with “record of title”
.
In section 345(5), replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 346C(c), replace “District Land Registrar”
with “Registrar-General of Land”
in each place.
In section 346G(1), replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 346H(1), replace “District Land Registrar”
with “Registrar-General of Land”
in each place.
In section 346H(2), replace “District Land Registrar”
with “Registrar-General of Land”
in each place.
In section 348(2)(b)(i), replace “section 62 of the Land Transfer Act 1952”
with “section 51 of the Land Transfer Act 2017”
.
In section 351, replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In the heading to section 352, replace “Registrar”
with “Registrar-General of Land”
.
In section 352, replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 352, replace “certificate of title”
with “record of title”
.
In section 352, replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 354(3), replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 461(1), replace “District Land Registrar”
with “Registrar-General of Land”
in each place.
In section 461(2), replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 461(2), replace “register and upon the outstanding duplicate certificate of title for that land, which certificate of title shall be produced to him for that purpose”
with “record of title”
.
In section 462(3)(a), replace “District Land Registrar”
with “Registrar-General of Land”
.
Replace section 462(3)(b) with:
(b)
the Registrar-General of Land must enter on the records of title for the land served by that drain a memorandum that the drain has become a public drain.
Replace section 517ZD(2) with:
(2)
The scheme owner must, upon receipt of the certificate, lodge it with the Registrar-General of Land, together with such plans, if any, as the Registrar-General of Land requires.
In section 517ZD(4), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 517ZD(5), replace “Part 11 of the Land Transfer Act 1952”
with “subpart 3 of Part 2 of the Land Transfer Act 2017”
.
In section 517ZD(7), replace “memorandum of transfer to be registered under the Land Transfer Act 1952”
with “transfer instrument to be registered under the Land Transfer Act 2017”
.
Replace section 517ZE(3)(d) with:
(d)
be lodged by the local authority with the Registrar-General of Land, who must register it against the title to that land.
In section 517ZE(6), replace “Part 11 of the Land Transfer Act 1952”
with “subpart 3 of Part 2 of the Land Transfer Act 2017”
.
In section 517ZE(8), replace “memorandum of transfer registered under the Land Transfer Act 1952”
with “transfer instrument registered under the Land Transfer Act 2017”
.
In Schedule 10, clause 10, replace “District Land Registrar”
with “Registrar-General of Land”
.
Maori Affairs Restructuring Act 1989 (1989 No 68)
In section 13A(2), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 20(2), replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 20(2), replace “certificate of title”
with “record of title”
.
In section 22, replace “District Land Registrar”
with “Registrar-General of Land”
in each place.
In section 33, replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 33, delete “, and for the purposes of registration it shall not be necessary to produce the certificate or certificates of title”
.
In section 43(5), replace “District Land Registrar or the Registrar of Deeds, as the case may be, of the land registration district in which the land is situated”
with “Registrar-General of Land or the Registrar of Deeds, as the case may be”
.
In section 55(2), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 62(4), replace “District Land Registrar shall endorse on the certificate of title or other relevant instrument of title”
with “Registrar-General of Land must record on the record of title”
.
In section 64(3), replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 64(3), replace “certificates of title”
with “records of title”
.
In section 86A(1), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 86A(2), replace “District Land Registrar of the district in which the land is situated”
with “Registrar-General of Land”
.
Replace section 86A(3) to (5) with:
(3)
On receipt of any such certificate, the Registrar-General of Land must register the certificate in accordance with the following provisions of this section.
(4)
If the title to the land affected by the order referred to in the certificate is registered under the Land Transfer Act 2017, the Registrar-General of Land must register the certificate against the record of title for the land.
(5)
If the title to the land is not registered under the Land Transfer Act 2017, the Registrar-General of Land must register the certificate by issuing a qualified record of title for the land.
Replace section 86A(7) with:
(7)
On deposit for registration of the order of the court constituting the title to any land, the Registrar-General of Land must cancel the registration of the certificate given by the Registrar of the court and must issue a record of title (which may be a record of title qualified as described in section 17(1)(a) of the Land Transfer Act 2017), and transfer to the record of title all entries and memorials then appearing in the register in respect of land comprised in the order of the court.
Maori Reserved Land Act 1955 (1955 No 38)
In section 6(1), replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 6(1), replace “certificates of title”
with “records of title”
.
In section 6(2), replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 6(2), replace “certificate of title”
with “record of title”
.
In section 13(3), replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 13(3), replace “certificate of title”
with “record of title”
in each place.
In section 14(3), replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 14(3), replace “certificates of title”
with “records of title”
.
Replace section 78(1) with:
(1)
Upon the production of any lease of any reserved land, duly executed by the lessee and the Māori Trustee, and the payment of the appropriate fee, the Registrar-General of Land must issue a record of title for that leasehold estate.
In section 78(2), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 78(3), replace “District Land Registrar may require a plan of the land to be deposited in the Land Registry Office in accordance with the provisions of section 167 of the Land Transfer Act 1952”
with “Registrar-General of Land may require the deposit of a plan of the land in accordance with section 224 of the Land Transfer Act 2017”
.
In section 78(4), replace “Land Transfer Act 1952, the District Land Registrar shall register against the substituted lease or the certificate of title for the leasehold interest, as the case may be,”
with “Land Transfer Act 2017, the Registrar-General of Land must register against the record of title for the leasehold estate”
.
In section 79(2), replace “memorandum of variation under section 116 of the Land Transfer Act 1952”
with “lease variation instrument under section 92 of the Land Transfer Act 2017”
.
In section 87(7), replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 87(7), replace “certificates of title”
with “records of title”
.
Maori Reserved Land Amendment Act 1997 (1997 No 101)
In the heading to section 11, replace “District Land Registrar to note certificate of title”
with “Registrar-General of Land to note record of title”
.
In section 11(1), replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 11(2), replace “certificate of title”
with “record of title”
.
In section 11(3), replace “certificate of title”
with “record of title”
in each place.
In section 11(3), replace “District Land Registrar”
with “Registrar-General of Land”
.
In the heading to section 12, replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 12, replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 13(4), replace “Land Transfer Act 1952, the registered proprietor”
with “Land Transfer Act 2017, the registered owner”
.
In section 14(9), definition of lessor, replace “Land Transfer Act 1952, the registered proprietor”
with “Land Transfer Act 2017, the registered owner”
.
In section 15(4), definition of lessor, replace “Land Transfer Act 1952, the registered proprietor”
with “Land Transfer Act 2017, the registered owner”
.
In section 16(4)(a), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 16(4)(b), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3)
In section 9(1), definition of Registrar, replace “under section 4 of the Land Transfer Act 1952”
with “in accordance with section 231 of the Land Transfer Act 2017”
.
In section 9(1), definition of specified freehold land, paragraph (c), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In the heading to section 22, replace “computer freehold registers”
with “records of title”
.
In section 22(1), replace “computer freehold register”
with “record of title”
.
In section 22(2), replace “computer freehold register”
with “record of title”
.
In section 22(2)(a), replace “computer interest register under section 9 of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002”
with “record of title”
.
In section 22(3), replace “computer interest register”
with “record of title”
in each place.
In the heading to section 23, replace “computer freehold register”
with “record of title”
.
In section 23(1), replace “computer freehold register”
with “record of title”
in each place.
In section 23(2), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 23(2)(b), replace “computer freehold register under section 7 of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002”
with “record of title”
.
In section 23(2)(c), replace “computer freehold register”
with “record of title”
in each place.
In section 23(2)(d), replace “computer interest register under section 9 of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002”
with “record of title”
.
In section 39(3)(a), replace “computer register under the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002”
with “record of title”
.
In section 43(7), replace “computer register under the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002”
with “record of title”
.
In section 44(1), replace “computer register”
with “record of title”
.
In section 44(5)(a), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 44(6), replace “computer register”
with “record of title”
.
Mining Tenures Registration Act 1962 (1962 No 48)
In section 2(1), repeal the definition of District Land Registrar.
In section 2(4)(b), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 4(6)(a), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 5(5), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 9(1), replace “District Land Registrar”
with “Registrar-General of Land”
in each place.
In section 9(2), replace “District Land Registrar”
with “Registrar-General of Land”
.
Replace section 10(1) with:
(1)
Despite anything in the Land Transfer Act 2017, the Registrar-General of Land must, without fee, issue a record of title under that Act for every licence forwarded to him or her by the Mining Registrar under the provisions of section 9.
In section 10(2), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
in each place.
In section 10(3), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
in each place.
Replace section 10(4) with:
(4)
If the Registrar-General of Land has created a record of title for a licence of land that is not properly defined by survey or cannot for any other reason be fully described, the Registrar-General may record in the record of title that the title is qualified as described in section 17(1)(a) of the Land Transfer Act 2017.
In section 10(6), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 10(7), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 11(a), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 11(b), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
in each place.
In section 11(b), replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 12(1), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 12(2), replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 13(1), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 14(1), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 14(2), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 15(1), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 15(1), delete “at the Principal Land Office for the land district in which the land is situated”
.
In section 16, replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 16, replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 17(1), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 18(1), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In section 18(7), replace “certificate of title”
with “record of title”
in each place.
In section 18(8), replace “certificate of title”
with “record of title”
.
In section 19(1), replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In the heading to section 22, replace “certificate of title”
with “record of title”
.
Replace section 22(1)(a) and (b) with:
(a)
if the fee simple is so acquired, the Registrar-General of Land may issue to the licensee or to the proprietor of the grant, as the case may be, a record of title for the land that is qualified as described in section 17(1)(a) of the Land Transfer Act 2017:
(b)
if a renewable lease is so acquired, the Registrar-General of Land may accept the lease for registration but must issue a record of title for the lease that is qualified as described in section 17(1)(a) of the Land Transfer Act 2017.
Replace section 22(2) with:
(2)
Section 19 of the Land Transfer Act 2017 does not apply to a qualified record of title issued for a renewable lease (meaning that the qualification cannot be removed).
(3)
Section 201 of the Land Transfer Act 2017 does not apply to a limited record of title issued for a renewable lease (meaning that the limitation cannot be removed).
In the heading to section 25, replace “District Land Registrar”
with “Registrar-General of Land”
.
In the heading to section 25, replace “certificate of title”
with “record of title”
.
In section 25, replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 25, replace “certificate of title”
with “record of title”
in each place.
In section 25, replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
in each place.
In Schedule 1, replace “District Land Registrar at [specify]”
with “Registrar-General of Land”
.
In Schedule 1, clause 1, replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In the Schedule 2 heading, replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In the Schedule 3 heading, replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.
In the Schedule 4 heading, replace “Land Transfer Act 1952”
with “Land Transfer Act 2017”
.