Te Ture Whenua Maori Act 1993 (1993 No 4)
In section 4, repeal the definition of District Land Registrar.
In section 47(4), replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 47(5), replace “Land Transfer Act 1952”
with “Land Transfer Act 2016”
.
In section 82(6), replace “appropriate District Land Registrar if the title to the land is under the Land Transfer Act 1952, or to the appropriate Registrar of Deeds”
with “Registrar-General of Land if the title to the land is under the Land Transfer Act 2016, or to the Registrar of Deeds”
.
In section 82(6), replace “District Land Registrar in whose office the mining privilege is recorded”
with “Registrar-General of Land”
.
In section 82(7), replace “folium of the register book and against any relevant instrument of title”
with “record of title, or in the Deeds Register Office”
.
Replace section 83(7) with:
(7)
Any lease or licence so granted in respect of land subject to the Land Transfer Act 2016 may be registered under that Act.
In section 88(2), replace “a District Land Registrar”
with “the Registrar-General of Land”
.
In section 88(2), replace “that Registrar”
with “the Registrar-General of Land”
.
In section 95(3)(m), replace “Land Transfer Act 1952”
with “Land Transfer Act 2016”
.
In section 112(3), replace “Land Transfer Act 1952”
with “Land Transfer Act 2016”
.
In section 123(1), replace “Land Transfer Act 1952”
with “Land Transfer Act 2016”
.
In section 123(2), replace “District Land Registrar”
with “Registrar-General of Land”
in each place.
In section 123(4), replace “Land Transfer Act 1952”
with “Land Transfer Act 2016”
.
In section 123(5), replace “Land Transfer Act 1952”
with “Land Transfer Act 2016”
.
In section 123(6), replace “Land Transfer Act 1952, no separate certificate of title”
with “Land Transfer Act 2016, no separate record of title”
.
In section 123(6A), replace “certificate of title”
with “record of title”
.
In section 123(7), replace “District Land Registrar”
with “Registrar-General of Land”
.
Replace section 124 with:
124 Special provisions where insufficient survey plan
(1)
If any order to which this Part applies is presented for registration under the Land Transfer Act 2016, the Registrar-General of Land must, if the order is not supported by a plan that defines the land affected by the order and that is sufficient for the purposes of the registration of that order under that Act, register the order by issuing a qualified record of title for the land.
(2)
If any order to which this Part applies is registered in accordance with subsection (1), any person in whom the beneficial ownership of land or any interest in land is vested by that order may, in accordance with section 223 of the Land Transfer Act 2016, deposit a plan in relation to the land or interest in land to which the order relates, which plan must define the pieces of land affected.
In section 125, replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 125, replace “that Registrar”
with “the Registrar-General of Land”
.
In section 125, replace “the Registrar”
with “the Registrar-General of Land”
.
In section 126, replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 128(1), replace “Land Transfer Act 1952”
with “Land Transfer Act 2016”
.
In section 131(2), replace “District Land Registrar for the Land District in which any land is situated”
with “Registrar-General of Land”
.
Replace section 133(2) with:
(2)
Without limiting the classes of person who may apply to the court for the exercise of its jurisdiction, the Registrar-General of Land may apply to the court for the exercise of its jurisdiction under this section in respect of any land that is beneficially owned by more than 10 Māori.
In section 136(c), replace “Land Transfer Act 1952”
with “Land Transfer Act 2016”
.
In section 137(1)(b), replace “Land Transfer Act 1952”
with “Land Transfer Act 2016”
.
In section 139(1), replace “Land Transfer Act 1952”
with “Land Transfer Act 2016”
.
In section 139(2), replace “District Land Registrar of the district in which the land is situated”
with “Registrar-General of Land”
.
Replace section 139(4) with:
(4)
On receipt of the order, the Registrar-General of Land must issue a qualified record of title for the land, and all the provisions of the Land Transfer Act 2016 as to qualified records of title, subject to this Act, apply accordingly.
In section 140, replace “Land Transfer Act 1952”
with “Land Transfer Act 2016”
.
In section 156(2), replace “Land Transfer Act 1952”
with “Land Transfer Act 2016”
.
In section 157(4), replace “certificate of title”
with “record of title”
.
In section 157(5), replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 200(3), replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 219(2), replace “Land Transfer Act 1952”
with “Land Transfer Act 2016”
.
In section 220(3), replace “Land Transfer Act 1952”
with “Land Transfer Act 2016”
.
Replace section 220(5) with:
(5)
The Registrar-General of Land must—
(a)
adjust the register as necessary to give effect to any vesting order or order of revocation made by the court under this section; and
(b)
note in the register that the land is vested in the persons named as trustees or that the trust on which the land was vested in the persons named as trustees has been revoked.
In section 220A(2), replace “Land Transfer Act 1952”
with “Land Transfer Act 2016”
.
In section 220A(5), replace “Land Transfer Act 1952”
with “Land Transfer Act 2016”
.
In section 227(2), replace “Land Transfer Act 1952”
with “Land Transfer Act 2016”
.
In section 227(3), replace “Land Transfer Act 1952”
with “Land Transfer Act 2016”
in each place.
In section 227(3), replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 227(4), replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 250(7), replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 250(7), replace “certificate of title”
with “record of title”
.
In section 256(4C), replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 256(4C), replace “certificate of title”
with “record of title”
in each place.
In section 271(4), replace “Land Transfer Act 1952”
with “Land Transfer Act 2016”
.
In section 295(2), replace “Land Transfer Act 1952”
with “Land Transfer Act 2016”
.
In section 298(5), replace “or provisionally registered under the Land Transfer Act 1952”
with “under the Land Transfer Act 2016”
.
In section 298(6), replace “District Land Registrar”
with “Registrar-General of Land”
.
Replace section 299(1) with:
(1)
When a partition order affects land that is subject to the Land Transfer Act 2016, the following provisions apply in respect of the registration of the order under that Act:
(a)
the Registrar of the court must forward the order to the Registrar-General of Land:
(b)
if, when the order is received by the Registrar-General of Land, there is an unqualified record of title to the land so partitioned, the order must be registered against the title in accordance with that Act:
(c)
if, when the order is received by the Registrar-General of Land, the title to the land partitioned is in a qualified record of title, the Registrar-General of Land may either register the order against that qualified record of title in accordance with that Act or as a separate qualified record of title; in which latter case—
(i)
the partition order is, as provided in section 17 of the Land Transfer Act 2016, duly registered; and
(ii)
the original qualified record of title relating to the land partitioned must then be cancelled so far as it relates to the parcel or any parcel included in the partition order; and
(iii)
all entries and memorials affecting the record of title to any such parcel must be transferred to the qualified record of title:
(d)
if, when the order is received by the Registrar-General of Land, the title to the land partitioned has not been registered, the partition order must be registered as a qualified record of title:
(e)
the provisions of the Land Transfer Act 2016 as to qualified records of title, subject to this Act and as far as they are applicable, apply to registration as a qualified record of title under this section:
(f)
the Registrar-General of Land may continue under this section to record in a record of title that the title is qualified, so long as the number of owners exceeds 10.
In section 299(2), replace “Land Transfer Act 1952”
with “Land Transfer Act 2016”
.
In section 306(1), replace “Land Transfer Act 1952”
with “Land Transfer Act 2016”
.
In section 307(4), replace “Land Transfer Act 1952”
with “Land Transfer Act 2016”
.
In section 307(6), replace “Land Transfer Act 1952”
with “Land Transfer Act 2016”
.
In section 308(2), replace “Land Transfer Act 1952”
with “Land Transfer Act 2016”
.
In section 308(4), replace “Land Transfer Act 1952”
with “Land Transfer Act 2016”
.
In section 323(4), replace “District Land Registrar”
with “Registrar-General of Land”
in each place.
In section 324(5), replace “District Land Registrar”
with “Registrar-General of Land”
in each place.
In section 324(5), replace “certificate of title”
with “record of title”
.
In section 325(4), replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 325(4), replace “certificate of title or register”
with “record of title”
.
In section 326(2), replace “Land Transfer Act 1952”
with “Land Transfer Act 2016”
.
In section 326(2), replace “District Land Registrar”
with “Registrar-General of Land”
.
In section 326C(1)(f), replace “certificate of title free of any limitations as to title or parcels within the meaning of Part 12 of the Land Transfer Act 1952”
with “record of title that is not qualified under section 17 of the Land Transfer Act 2016”
.
In section 326D(1), replace “Land Transfer Act 1952”
with “Land Transfer Act 2016”
.
In section 333(4), replace “Land Transfer Act 1952”
with “Land Transfer Act 2016”
.
In section 343(3), replace “Land Transfer Act 1952”
with “Land Transfer Act 2016”
.
In section 347, replace “Land Transfer Act 1952”
with “Land Transfer Act 2016”
.
In section 347, replace “District Land Registrar”
with “Registrar-General of Land”
in each place.