These regulations come into force on 26 August 2002.

In these regulations, unless the context otherwise requires,—

(1) An instrument is capable of being an electronic instrument if it meets the requirements of subclause (2) or, in the case of a deposit document, meets the requirements of subclause (3).

(2) The instrument—

• (a) must belong to a class of permissible instrument described in Part 1 of Schedule 1; and

• (b) is subject to the restrictions set out for instruments of that class in Part 2 of Schedule 1.

(3) A deposit document is capable of being an electronic instrument if—

• (a) it has been prepared in an electronic workspace facility approved by the Registrar; and

• (b) it is in an acceptable form under section 26 of the 2002 Act; and

• (c) it contains or is associated with any certification or approval given under the Resource Management Act 1991 or the Unit Titles Act 1972 by the relevant territorial authority that is a prerequisite to the deposit of the plan under section 167 of the Act, the issue of a certificate of title, or the creation of a computer register.

(1) An instrument that affects any land or estate or interest for which a computer register has been created must refer to the unique identifier for that computer register.

(2) An instrument that affects any land or estate or interest for which no computer register has been created must refer to the unique identifier for the instrument or document that defines the land or estate or interest.

If the instrument is of a class described in the first column of the following table and the case described in the second column applies, the party or parties specified (opposite those descriptions) in the third column must sign the instrument:

(1) A paper document must—

• (a) consist of paper that—

  • (i) is cream or white; and

  • (ii) is free from discoloration and blemishes; and

  • (iii) is International size A4; and

  • (iv) has a density of not less than 80 g/m²; and

• (b) have dense black or blue ink.

(2) A paper document for which a form is set out in forms 1 to 24 of Schedule 2 must—

• (a) be on 1 page; or

• (b) as far as is reasonably practicable, have the core elements on 1 page and have other elements on an annexure schedule that complies with subclause (3).

(3) An annexure schedule must—

• (a) be in form 25 of Schedule 2; and

• (b) be initialed or signed by all persons who signed the page containing the core elements; and

• (c) state the total number of pages contained in it; and

• (d) if it consists of more than 1 page, have consecutively numbered pages.

(4) In this regulation,—

For the purposes of section 237(1)(a) of the Act, the forms set out in Schedule 2 must be regarded as containing the information required by the Act for the relevant class of instrument.

The form set out in Schedule 3 is the form of memorandum that must be used for the purposes of section 155A of the Act in conjunction with the following forms (which are set out in Schedule 2):

• (a) form 2 (transfer instrument):

• (b) form 3 (easement instrument):

• (c) form 6 (mortgage instrument (all obligations)):

• (d) form 7 (mortgage instrument (fixed sum)):

• (e) form 8 (encumbrance instrument):

• (f) form 12 (lease instrument).

For the purposes of section 90D(1) of the Act,—

• (a) the different classes of easement to which implied rights and powers apply are set out in clause 2 of Schedule 4:

• (b) the provisions set out in clauses 3 to 9 of Schedule 4 are implied in each class of easement to the extent indicated in those provisions:

• (c) the provisions set out in clauses 10 to 14 of Schedule 4 are implied in each class of easement.

If the instrument is of a class described in the first column of the following table and the case described in the second column applies, a certification must be given on behalf of the party specified (opposite those descriptions) in the third column:

A certification that is given on behalf of a party specified in the third column of the table in regulation 11 must be in the following form:

“I certify that I have the authority to act for [insert description of the appropriate party from the third column of the table in regulation 11] and that the party has the legal capacity to authorise me to lodge this instrument.

I certify that I have taken reasonable steps to confirm the identity of the person who gave me authority to lodge this instrument.

I certify that any statutory provisions specified by the Registrar for this class of instrument have been complied with or do not apply, and [whichever of the following apply]—

• I certify that any statutory provisions specified by the Registrar relating to Maori freehold land have been complied with or do not apply [use this form if an electronic workspace facility generates a notification that the land is or could be Maori land]; or

• I certify that the caveator or claimant under [insert Caveat, or Notice of Claim, and number here] has consented to this transaction, which is subject to the caveat or notice of claim, and I hold that consent [use this form if the transaction is to be registered with caveator's or claimant's consent]; or

• I certify that the chargeholder under [insert type and registration number of charge here] has consented to this transaction and I hold that consent, or the charge does not prevent registration [use this form if the title affected by the transaction is subject to a charge]; or

• I certify that the mortgagee under Mortgage [insert the mortgage number here] has consented to this transaction and I hold that consent [use this form if the transaction is to be registered with the mortgagee's consent]; or

• I certify that the licensor or lessor of the affected licence or lease has consented to this transaction, or notice has been given to the Commissioner of Crown Lands, or (in the case of mortgages) the licensor's or lessor's consent or notice to the Commissioner is not required under the Land Act 1948 [use this form if the transaction is to be registered against a licence or lease under that Act]; or

• I certify that the mortgagee under Submortgage [insert the submortgage number here] has consented to this transaction and I hold that consent, or the mortgage postponed by this transaction is not subject to the submortgage [use this form if the title affected by the transaction is affected by a submortgage]; or

• I certify that the applicant is entitled to be registered as proprietor by virtue of transmission [use this form if the transaction is an application for transmission]; or

• I certify that the territorial authority has consented to this transaction and I hold that consent, or the affected easement is not the subject of a condition imposed by the territorial authority [use this form if the transaction to be registered is a variation of easement or a surrender of easement].

I certify that I hold evidence showing the truth of the certifications I have given and will retain that evidence for the prescribed period.”

(1) For the purposes of section 164E(1) of the Act, on the registration of an instrument of a class described in the first column of the following table, the instrument has the same effect as a deed executed by the party or parties specified (opposite that description) in the second column:

(2) For the purposes of section 164E(3)(b) of the Act, on the registration of an instrument of a class described in the first column of the following table where the case described in the second column of that table applies, the instrument has effect as an instrument made in writing and duly executed by the party or parties specified (opposite that description) in the third column:

For the purposes of section 164A(3)(d) of the Act, the period for which evidence of the truth of a certification must be retained is 10 years from the date on which the instrument to which the certification relates is lodged for registration.

A certificate of correctness that is given by a conveyancer must—

• (a) be signed by the conveyancer in his or her own name and not in the name of any firm with which he or she may be connected; and

• (b) show that he or she is acting for the party claiming under the instrument.

(1) A person who is required to execute a paper instrument for the purposes of registration or deposit under the Act must be regarded as having complied with that requirement if—

• (a) the person adds the person's signature or mark to the instrument before a witness who is not a party to the transaction; or

• (b) the instrument is signed by the person's attorney, under a power of attorney deposited with the Registrar, before a witness who is not a party to the transaction; or

• (c) the instrument is executed in accordance with any other enactment that prescribes a method of execution that may be adopted by that person.

(2) A witness to the execution of an instrument under subclause (1) must sign an attestation clause in form 26 of Schedule 2 or in a form to the same effect.

(3) Subject to subclause (4), if the Registrar considers it necessary, he or she may, before registering an instrument, require that the authenticity or validity of the execution of the instrument be verified by a statutory declaration given by—

• (a) the executing party in form 27 of Schedule 2; or

• (b) the witness to the execution in form 28 of Schedule 2.

(4) If execution occurs elsewhere than in New Zealand, no further proof of execution is required if the instrument has been witnessed—

• (a) by a Commonwealth representative exercising his or her functions in that country and sealed with his or her seal of office (if any); or

• (b) by a Notary Public exercising his or her office in that country; or

• (c) if the provisions of section 9 of the Evidence Amendment Act 1945 apply, in the manner provided in that section; or

• (d) if the instrument is executed in any Commonwealth country, then—

  • (i) in a manner prescribed by paragraph (a) for instruments executed in a foreign country; or

  • (ii) in the manner (if any) prescribed by the law of that country for the verification of documents to be used abroad.

(5) In the absence of proof to the contrary, it is presumed that—

• (a) a seal or signature impressed, affixed, appended, or subscribed on or to an instrument submitted for registration or deposit, or on or to a document verifying the execution of any such instrument, is genuine; and

• (b) the person appearing to have signed or attested the instrument or document had in fact authority to sign or attest it; and

• (c) the document was in fact made in accordance with the law under which it purports to have been made.

(1) A person seeking to deposit a plan must present it at a land registry office in the same manner and within the same hours that apply to the presentation of instruments for registration.

(2) Subclause (1) does not apply to digital cadastral survey datasets.

Before issuing a certificate or certificates of title or creating a computer register, on the application of any registered proprietor under section 86 of the Act, the Registrar may require a plan of the land comprised in the certificate or certificates of title to be deposited in accordance with the requirements of section 167 of the Act.

The Registrar must not register any instrument that—

• (a) does not comply in all respects with the requirements of the Act and of these and any other regulations for the time being in force under the Act; or

• (b) is contrary to any other law or enactment; or

• (c) appears to involve any fraud or improper dealing; or

• (d) purports to create estates or interests not capable of registration, or to deal with estates or interests not registered or not capable of registration; or

• (e) purports to deal with land or other property not subject to the provisions of the Act; or

• (f) purports to deal with matters not capable of inclusion in the register; or

• (g) contains an erasure, or contains an alteration to any writing that is not made in accordance with regulation 22.

For the purposes of regulation 21(g), the following provisions apply to alterations made to instruments:

• (a) any writing intended to have no effect must be struck out, but the struck-out writing must be left legible:

• (b) any writing that is intended to replace the struck-out writing must be inserted as closely as possible to the struck-out writing:

• (c) if the alteration affects or could affect the interests of any signatory of the instrument, the alteration must be initialled or signed by each signatory of the instrument and by either the signatory's witnesses (if any) or the conveyancer acting for that signatory; and

• (d) if the alteration affects or could affect the interests of any person (other than a signatory of the instrument) receiving the benefit under the instrument, the alteration must be initialled or signed by each person or the conveyancer acting on the person's behalf.

(1) This regulation applies if an instrument has been lodged for registration or deposit with the Registrar but has not been registered.

(2) When this regulation applies, the person who lodged the instrument or the person's duly authorised agent may withdraw the instrument at any time before it is registered.

(3) The right to withdraw an instrument includes the right to withdraw all instruments lodged in connection with it by the person, except those instruments that may be required to be retained by the Registrar.

(4) A proportion of the fees paid in respect of the withdrawn instrument may be refunded or credited to the person by whom they were paid.

(1) An instrument dealing only with land subject to the provisions of the Act that is otherwise registrable or that will or could be registrable at some future time in its present form may be accepted for registration as to part only of the land affected if a request for partial registration is endorsed on the instrument and signed by the person presenting it for registration.

(2) A partially registered instrument may, in the same manner, be subsequently accepted for registration as to the remainder or any other part of the land affected by the instrument, subject to payment in respect of each registration of the same fees as if each registration were effected by a separate instrument.

(3) [Revoked]

(1) The registered proprietor of any estate or interest claiming that the estate or interest has merged in a greater estate or interest of which that person is also the registered proprietor may apply to the Registrar to note the merger of the lesser estate or interest.

(2) The application must be supported by the statutory declaration of the registered proprietor or any other evidence that the Registrar considers necessary.

(3) The Registrar, on being satisfied that the merger has been effected at law and in equity, must notify the merger on the register and on the appropriate instruments of title.

(1) This regulation applies if it appears to the satisfaction of the Registrar that—

• (a) a registered proprietor has changed his, her, or its name; or

• (b) the name of a registered proprietor is incorrectly stated in the Registrar's records.

(2) When this regulation applies, the Registrar may, on payment of the prescribed fee, endorse a memorial of the change of name or make the necessary corrections in his or her records (as the case may be).

(3) Form 23 or form 24 of Schedule 2 (whichever is appropriate) may be used to request the Registrar to take action under subclause (2).

If a person presents an instrument for registration and the registration of the instrument is prevented by a caveat, the Registrar must give to the caveator the notice referred to in section 145 of the Act.

(1) A caveator may give to the Registrar a notice under subclause (2) at any time before the Registrar receives—

• (a) a request to give the notice referred to in regulation 27; or

• (b) an application for the caveat to lapse under section 145A(1) of the Act.

(2) The notice must be in writing and appoint another place or address within the district at or to which notices and proceedings relating to the caveat may be served or addressed instead of the place or address stated in the caveat.

(1) If a caveator dies while a caveat is still in force, the caveator's legal personal representatives may withdraw the caveat or give an appropriate consent under section 147 of the Act.

(2) If there are no legal personal representatives, the person or persons who appear to the Registrar to be properly entitled to the estate or interest protected by the caveat may withdraw the caveat or give an appropriate consent under section 147 of the Act.

(3) The Registrar may require the person or persons referred to in subclause (2) to provide a satisfactory indemnity against claims against the Crown or the Registrar arising out of his or her acceptance of the withdrawal or the consent.

(1) The Registrar may decline to deposit a power of attorney or a duplicate or attested copy of a power of attorney unless the original has been duly executed in accordance with regulation 16.

(2) Every power of attorney or duplicate or attested copy of a power of attorney deposited with the Registrar must comply with regulation 7(1).

In addition to the registers provided for by the Act or by the 2002 Act, the Registrar must keep the following records for each district:

• (a) a record of all instruments received for registration, which must specify for each instrument—

  • (i) the reference number or other unique identifier given to the instrument; and

  • (ii) the date and time when the instrument was received; and

  • (iii) the reference number or other unique identifier of the provisional register, certificate of title, or computer register that is to be affected by the proposed registration of the instrument; and

• (b) an indexing system that enables any provisional register, certificate of title, or computer register to be identified by reference to the name of the registered proprietor concerned or by reference to the description of the land concerned; and

• (c) a record of all applications to bring land under the operation of the Act or the 2002 Act.

Except as authorised by the Registrar, no alteration may be made in any application or instrument during its retention in the office.

No alteration may be made in any instrument after it has been registered.

(1) No alteration may be made in or to any plan after it has been deposited.

(2) However, with the consent of the Registrar, additional or corrective information distinguished as such may be marginally added.

(1) The Registrar may, at his or her discretion, decide the area of land or number of allotments that may be included in 1 certificate of title or computer register.

(2) The Registrar may, if the circumstances so warrant, issue a new certificate of title or create a computer register in respect of every allotment shown on a plan deposited under the Act or in respect of any 2 or more of those allotments.

The first column of the following table lists provisions for which notice periods are to be prescribed, the second column describes each provision, and the third column prescribes the period of notice for each provision:

(1) There must be a land registry office for each land district, but the office need not be located within the land district.

(2) A land registry office must be open to the public for the transaction of business daily, except—

• (a) Sundays; and

• (b) Saturdays; and

• (c) holidays listed in section 44 of the Holidays Act 2003; and

• (d) any other day authorised by the Registrar.

(3) Land registry offices are to be open at the times fixed by the Registrar, and he or she may fix different opening hours for different purposes.

Employees of the chief executive of the department may give reasonable assistance to persons searching, but no search on behalf of any person searching may be made by any of those employees except by special arrangement approved by the Registrar.

(1) The fees set out in Schedule 5 are payable in respect of the matters specified in that schedule.

(2) The appropriate fees are payable to the Registrar, but he or she may permit a person to pay any fees in accordance with a credit arrangement.

(3) A party to a credit arrangement who fails to pay a fee in accordance with the arrangement is liable to pay interest on that fee—

• (a) at the rate prescribed for the time being under section 87 of the Judicature Act 1908; and

• (b) from the date on which the fee should have been paid to the date on which it is paid.

(4) If there is no credit arrangement, any fee in respect of a requested matter is payable before the request is met.

(5) If 2 or more proprietors holding separate parcels of land under separate certificates of title or having different interests or shares in separate parcels of land combine in 1 instrument to deal with their respective parcels or shares, the same registration fees are payable in respect of the instrument as if each proprietor had executed a separate instrument.

(6) If 2 or more operations are included in the same instrument, the same fees are payable as if each operation were effected by a separate instrument.

The fees set out in Schedule 5 are inclusive of goods and services tax.

The Land Transfer Regulations 1966 (SR 1966/25) are revoked.