Land Transfer (Land Information and Offshore Persons Information) Exemption Regulations 2015
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Reprint as at 12 November 2018
Land Transfer (Land Information and Offshore Persons Information) Exemption Regulations 2015
(LI 2015/222)
Jerry Mateparae, Governor-General
Order in Council
At Wellington this 28th day of September 2015
Present:
The Hon Bill English presiding in Council
Note
Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.
Note 4 at the end of this reprint provides a list of the amendments incorporated.
These regulations are administered by Land Information New Zealand.
Pursuant to section 236 of the Land Transfer Act 1952, His Excellency the Governor-General makes the following regulations, acting—
(a)
on the advice and with the consent of the Executive Council; and
(b)
on the recommendation of the Minister for Land Information after being satisfied that the requirements of section 236(4) have been met.
Regulations
1 Title
These regulations are the Land Transfer (Land Information and Offshore Persons Information) Exemption Regulations 2015.
2 Commencement
These regulations come into force on 1 October 2015.
3 Interpretation
In these regulations, unless the context otherwise requires, Act means the Land Transfer Act 2017.
Regulation 3: amended, on 12 November 2018, by regulation 4 of the Land Transfer (Land Information and Offshore Persons Information) Exemption Amendment Regulations 2018 (LI 2018/195).
4 Exempt transfers
(1)
A transfer of a specified estate in land is exempt from the requirements of section 78 of the Act if—
(a)
the land is Maori land; or
(b)
the transfer is a transfer of property by the Crown under a Treaty settlement Act that expressly authorises the Crown to—
(i)
transfer the fee simple estate in the property; and
(ii)
sign a transfer instrument or other document, or do anything else, as necessary to effect the transfer.
(2)
In this regulation, unless the context otherwise requires,—
Crown has the meaning given in section 2(1) of the Public Finance Act 1989
Maori land has the meaning given in section 4 of Te Ture Whenua Maori Act 1993
Treaty settlement Act means an Act to give effect to a deed between the Crown and any group of Māori claimants or a representative of any group of Māori claimants in relation to the historical Treaty of Waitangi claims of that group.
Regulation 4(1): amended, on 12 November 2018, by regulation 5 of the Land Transfer (Land Information and Offshore Persons Information) Exemption Amendment Regulations 2018 (LI 2018/195).
5 Non-notifiable transfers
(1)
The following transfers of a specified estate in land are non-notifiable transfers in relation to a transferor:
(a)
a transfer by a public authority or a local authority:
(b)
a transfer on a distribution by an executor, administrator, or trustee of a deceased person’s estate to a beneficiary who is beneficially entitled to receive the property under the will or the rules governing intestacy:
(c)
a transfer of mortgaged land by the mortgagee:
(d)
a transfer by rating sale under the Local Government (Rating) Act 2002:
(e)
a transfer giving effect to an order of a court.
(2)
A transfer of a specified estate in land to a public authority or a local authority is a non-notifiable transfer in relation to the transferee.
(3)
In this regulation,—
local authority has the meaning given to it in section YA 1 of the Income Tax Act 2007
public authority—
(a)
means every department or instrument of the Executive Government of New Zealand; and
(b)
includes the Māori Trustee; and
(c)
includes the Reserve Bank; but
(d)
does not include—
(i)
Crown Research Institutes (as defined in section 2 of the Crown Research Institutes Act 1992):
(ii)
mixed-ownership enterprises (as defined in section YA 1 of the Income Tax Act 2007):
(iii)
Public Trust:
(iv)
State enterprises (as defined in section YA 1 of the Income Tax Act 2007).
Michael Webster,
Clerk of the Executive Council.
Date of notification in Gazette: 30 September 2015.
Reprints notes
1 General
This is a reprint of the Land Transfer (Land Information and Offshore Persons Information) Exemption Regulations 2015 that incorporates all the amendments to those regulations as at the date of the last amendment to them.
2 Legal status
Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.
3 Editorial and format changes
Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.
4 Amendments incorporated in this reprint
Land Transfer (Land Information and Offshore Persons Information) Exemption Amendment Regulations 2018 (LI 2018/195)
Versions
Land Transfer (Land Information and Offshore Persons Information) Exemption Regulations 2015
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