Section 26 of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 allows the
Registrar-General of Land to specify the acceptable forms for electronic instruments.
The acceptable forms are specified below.
This notice replaces the Forms of Electronic Instruments specified by notice published in the New Zealand Gazette, 20 September 2007, No. 102, page 2755.
This notice takes effect from 31 March 2008.
Transfer Instrument
An electronic transfer instrument is in an acceptable form when it contains the following information:
? Instrument Type
? Affected Computer Register(s)
? Land District
? Affected Instrument Identifier and Type (if applicable)
? Description of Part or Share/Interest (if applicable)
? Transferor name(s)
? Authority or Justification for Transfer (if applicable)
? Registered Proprietor name(s) (if applicable)
? Transferee name(s)
? Transferee additional details eg legal disability/no survivorship (if applicable)
? Transferor certifications under section 164A of the Land Transfer Act 1952
? Transferee certifications under section 164A of the Land Transfer Act 1952
? Digital signatures
? Annexure Schedule (if applicable)
Mortgage Instrument
An electronic mortgage instrument is in an acceptable form when it contains the following information:
? Instrument Type
? Affected Computer Register(s)
? Land District
? Affected Instrument (if applicable)
? Description of Part (if applicable)
? Mortgagor name(s)
? Mortgagee name(s)
? Mortgagee Share of Mortgage (if applicable)
? Memorandum Number (if applicable)
? Priority Amount ($) (All obligations mortgage, if applicable)
? Principal Sum; Ordinary Interest; Penalty Interest; Payment Dates; Term; Advance Date; Repayment Date (Fixed sum mortgage, if applicable)
? Clauses and Conditions (if applicable)
? Annexure Schedule (if applicable)
? Mortgagor certifications under section 164A of the Land Transfer Act 1952
? Mortgagee certifications under section 164A of the Land Transfer Act 1952
? Digital signatures
Discharge Instrument
An electronic discharge instrument is in an acceptable form when it contains the following information:
? Instrument Type
? Affected Computer Register(s)
? Land District
? Affected Charge number
? Description of Part Discharged eg part of land (if applicable)
? Chargeholder name(s)
? Chargeholder certifications under section 164A of the Land Transfer Act 1952
? Digital signature
Statutory Requirements
Section 164A(3) of the Land Transfer Act 1952 permits the Registrar-General of Land to specify the statutory requirements that apply to a class of instrument. The following table details the statutory provisions for each class of instrument. I hereby specify the statutory provisions detailed in this table for the purposes of section 164A(3)(c) of the Land Transfer Act 1952.
This specification means that when a conveyancer is giving a certification under section 164A(3)(c) and Regulation 12 of the Land Transfer Regulations 2002, the conveyancer is certifying that each of the statutory provisions specified has been complied with or does not apply, as the case may be.
This notice replaces the Statutory Requirements notice published in the New Zealand Gazette, 20 September 2007, No. 102, page 2755.
This notice takes effect from 31 March 2008.
Class ofInstrument Statute and Applicablesection Nature of Provision Requirementsfor Compliance CertifyingConveyancer
Transfer Housing Act 1955s18s37 Purchaser cannot dispose of interest in State housing land in any agreement or licence registered under s18 unless:(a) the instrument is in favour of the Crown or the Corporation, or the Crown or the Corporation is a party; or(b) the instrument is an application to register the settlement of the land under the Joint Family Homes Act 1964; or (c) the instrument is a disposition by way of mortgage; or(d) the consent of the Corporation is endorsed on the instrument. Requirements of s37 have been met. Conveyancer acting for the transferor
TransferMortgage Maori Housing Amendment Act 1938s11 Purchaser cannot dispose of land held under an agreement under s8 by sale, lease, mortgage, assignment or in any other manner unless the statutory procedures set out in s11 have been complied with. Consent has been obtained in accordance with s11 of theMaori Housing Amendment Act 1938 and is held. Conveyancer acting for the: – transferor– mortgagor
Transfer Maori Housing Amendment Act 1938s14 Lessee cannot assign their leasehold interest without the consent of the Chief Executive of the Ministry of Maori Development. Consent has been obtained in accordance with s14 of theMaori Housing Amendment Act 1938 and is held. Conveyancer acting for the transferor
Transfer New Zealand Railways Corporation Restructuring Act 1990s23s24s25 The Act enables New Zealand Railways Corporation to dispose of railways land held by the Crown (or Corporation). Section 23 requires the Railways Corporation to offer this land back to persons from whom the land was acquired (or to their successor).There are exceptions to this requirement.The transferor must notify and obtain the Chief Executive’s (LINZ) consent in order to dispose of railways land. Complies withs23 and/or s24 and/or s25 of the New Zealand Railways Corporation Restructuring Act 1990. Conveyancer acting for the transferor
TransferMortgage Land Transfer Act 1952s129(5)Public reserves and other public lands held in trust for particular purpose. Section 129(5) states that disclosure of any trust in respect of public reserve land will have the effect of a perpetual caveat to restrain any dealing manifestly inconsistent with that trust. Does not contravene s129(5) of the Land Transfer Act 1952. Conveyancer acting for the: – transferor– mortgagor
Transfer Conservation Act 1987s16AConservation Act 1987s26 Section 16A states that the Minister may by notice in the New Zealand Gazette authorise the exchange of any stewardship area for other land.Section 26 states that the Minister may dispose of stewardship areas or areas of interest therein subject to the requirements to give notice. Complies with s16A of the Conservation Act 1987.Complies withs26 of the Conservation Act 1987. Conveyancer acting for the transferor
Transfer Mortgage Reserves Act 1977s112(1) No dealing with any reserve except in conformity with the trustsupon which the reserve is held. Does not contravene s112(1) of the Reserves Act 1977 and s129 of the Land Transfer Act 1952. Conveyancer acting for the: – transferor– mortgagor
TransferMortgage Reserves Act 1977s115(1) Where a lease or licence includes a right to transfer, the lessee or licensee shall not transfer, sublease, mortgage or otherwise disposeof his interest without the consent of the administering body. Does not apply to reserves for railway purposes (s115(5)). Does not contravene s115(1) of the Reserves Act 1977. Conveyancer acting for the: – transferor– mortgagor
TransferMortgage Te Ture Whenua Maori Act 1993s126s150A ors150Bs151 Sale or gift by Maori incorporation or trustees prevented by s126 unless confirmation of the Court under s151 is obtained. Confirmation of the Court has been obtained and is held in accordance with s151. Conveyancer acting for the: – transferor– mortgagor
TransferMortgage Te Ture Whenua Maori Act 1993s126s150Cs151s157 Sale or gift by other owners (as defined in s147(1)(a)–(c)) prevented by s126 unless confirmation of the Court under s151 is obtained.Section 157 allows for the alienation of any interest in Maori freehold land if a resolution of assembled owners has been obtained. The Maori Trustee (or Court appointed agent) is duly authorised by s157 to execute an instrument as the agent of the owners. Confirmation of the Court has been obtained and is held in accordance with s151. Conveyancer acting for the: – transferor– mortgagor
TransferMortgage Te Ture Whenua Maori Act 1993s126s150Cs151s160 Alienation (lease licence forestry right profit, mortgage, charge, or encumbrance) by other owners (as defined in s147(1)(a)–(c)) prevented by s126 unless confirmation of the Court under s160 is obtained.Where the Registrar refuses to issue a certificate of confirmation under this section, the application may be referred to the Court as ifit were an application dealt with under s151. A certificate of confirmation has been obtained from the Maori Land Court in accordance with s160 or s151 ofTe Ture Whenua Maori Act 1993 and is held. Conveyancer acting for the: – transferor– mortgagor
Transfer Maori Purposes Act 1970s30 Land vested in Poho-o-Rawiri Marae Committee cannot be sold without the confirmation of the Maori Land Court. Consent has been obtained in accordance with s30 of the Maori Purposes Act 1970 and is held. Conveyancer acting for the transferor
Transfer Maori Purposes Act 1991s2(14) Land vested in the trustees of Wi Pere is deemed to be Maori freehold land and cannot be sold without the confirmation of the Maori Land Court. Confirmation of the Maori Land Court has been obtained. Conveyancer acting for the transferor
Transfer Maori Purposes Act 1993s16 Section 16 specifies that no land acquired under section 87 of Maori Affairs Restructuring Act 1989 (for Kokiri Centres) is to be sold, leased or exchanged without the consent of the Minister of Maori Affairs. Consent has been obtained in accordance with s16 of the Maori Purposes Act 1993 and is held. Conveyancer acting for the transferor
Transfer Maori Reserved Land Act 1955s86 The Maori Trustee may sell Township land:(a) with the written consent of the beneficial owners or the trusteesof owners with a legal disability; or(b) pursuant to a resolution of the assembled owners. Is duly authorised pursuant to s86of the Maori Reserved Land Act 1955 and s157 of Te Ture Whenua Maori Act 1993. Conveyancer acting for the transferor
Transfer Maori Reserved Land Amendment Act 1997s12 The RGL must not register a transfer of any land that is subject to a lease to which this Act applies or of the lessee’s interest in a lease to which this Act applies unless:(a) the transfer is to the lessor or lessee; or(b) where the transfer is to a third party, the lessor or lessee that isnot a party to the transfer consents in writing to the transfer; or(c) the transfer is accompanied by a certificate from the solicitor acting for the transferor that the transfer does not contravene the provisions in Schedule 1. Complies withs12 and the provisions of Schedule 1. Conveyancer acting for the transferor
Transfer Otago Regional Council (Kuriwao Endowment Lands) Act 1994s13(4) Endowment Lands to which this Act applies cannot be disposed of unless the Council agrees to dispose of the land by resolution and after public notice has been given. Certificate of compliance under s13(4) of this Act has been obtained and held. Conveyancer acting for the transferor
TransferMortgage Burial and Cremation Act 1964s31 Registered notice of dedication as a burial ground operates as a perpetual caveat to restrain any dealing with the land manifestly inconsistent with such notice. Transfer does not contravene s31 of the Burial and Cremation Act 1964. Conveyancer acting for the: – transferor– mortgagor
Transfer Mining Tenures Registration Act 1962s16 Mining licence cannot be transferred until notice is given to the Commissioner of Crown Lands. Complies withs16 of theMining Tenures Registration Act 1962. Conveyancer acting for the transferor
R. W. MUIR, Registrar-General of Land.