Land Transfer Act Fee Regulations




THE NEW ZEALAND GAZETTE.

Schedule P of "The Land Transfer Act, 1870," also
to prescribe fixed fees for advertisements: Provided
always, that until such Regulations are made the fees
chargeable under the said Schedule, as modified by
Orders in Council under the provisions of the Act,
shall be the fees payable under the Act:

And whereas William Sefton Moorhouse, Esquire,
the Registrar-General of Land, in exercise of the
authority vested in him by the lastly hereinbefore
mentioned Act, has made the Regulations set forth in
the Schedule hereto:

Now, therefore, His Excellency the Governor, by
and with the advice and consent of the Executive
Council of New Zealand, doth hereby sanction the
Regulations contained in the Schedule hereto; and
further doth declare that this order shall take effect
on and after the first day of January, one thousand
eight hundred and seventy-two.

SCHEDULE.
REGULATIONS.

  1. The fees chargeable by the several District Land
    Registrars shall be as follows:—

£ s. d.
For bringing land under the provisions of the
Act:—
When the title consists of a grant dated on or
subsequent to the 28th December, 1841, and
none of the land included therein has been
dealt with
0 2 0
When the title is of any other description, and
the value exceeds £300
1 0 0
When the title is of any other description, and
the value exceeds £200 and does not exceed
£300
0 15 0
When the title is of any other description, and
the value exceeds £100 and does not exceed
£200
0 10 0
When the title is of any other description, and
the value does not exceed £100
0 5 0
Contribution to Assurance Fund upon first
bringing land under this Act, and upon the
registration of an estate of freehold in pos-
session derived by settlement, will, or intes-
tacy—
In the pound sterling
0 0 0$ rac{1}{2}$
Other fees:—
For every application to bring land under the
Act
0 5 0
For certificate of title where the same is issued
in the name of any applicant grantee
Nil.
For Certificate of Title issued upon any memo-
randum of transfer where the consideration
is under £10 and is not nominal
0 10 0
For every other certificate of title
1 0 0
Registering memorandum of transfer, mortgage,
encumbrance, or lease
0 10 0
Registering transfer or discharge of mortgage
or of encumbrance, or the transfer or sur-
render of a lease
0 5 0
Registering proprietor of any estate or interest
derived by settlement or transmission
0 10 0
For every power of attorney
0 10 0
For every registration abstract . . .
1 0 0
For cancelling registration abstract
0 5 0
For every revocation order
0 10 0
Noting caveat
0 10 0
Cancelling or withdrawal of caveat, and service
of notice to caveator or caveatee
0 5 0
Issuing order for foreclosure
1 0 0
For every search . . .
0 2 0
For every general search
0 5 0
For every map or plan deposited
0 5 0
For every instrument declaratory of trusts, and
for every will or other instrument deposited 0 10 0
For registering recovery by proceeding in law
or equity, or re-entry by lessee
0 10 0
For registering vesting of lease in mortgagee,
consequent on refusal of trustee in bankruptcy
to accept the same
0 10 0
For entering notice of marriage or death
0 10 0
For entering notice of writ or order of Supreme
Court
0 10 0
Taking acknowledgment of married woman
0 5 0

633

Taking declaration in case of lost grant or other £ s. d.
instrument, or where production of duplicate
is dispensed with
0 10 0
Taking affidavit or statutory declaration
0 5 0
For the exhibition or return of any deposited
instrument, or for exhibiting or returning
deeds surrendered by applicant proprietor
0 5 0
For certified copy, first five folios, per folio of
seventy-two words
0 5 0
For every folio or part folio after first five
0 0 8
For every instrument drawn on parchment
0 2 6
When any instrument purports to deal with
land included in more than one grant or cer-
tificate, for each registration memorial after
the first
0 2 0

  1. The Application Fee, and all fees likely to accrue
    in respect of applications to bring land under the Act,
    shall be treated as due and payable at the time when
    such applications are received by the District Land
    Registrar, and shall be paid into the Public Account.

  2. Where several properties derived from separate
    Crown grants, or having separate and distinct titles,
    are included in one Form of Application, there shall
    be charged in respect of each property included in
    such application, an Application Fee and a fee for
    bringing land under the Act.

  3. In all ordinary cases a fee of one pound (£1)
    is hereby prescribed as the charge to be made for
    advertising notice of application; and, whenever it
    is necessary, in the opinion of the District Land
    Registrar and Examiner of Titles, to fix the time
    within which caveat may be lodged against any appli-
    cation, at a longer period than one month, an extra
    fee of ten shillings (10s.) shall be demanded; and
    whenever it is necessary that unusual publicity
    shall be given to any application, by notifying such
    application in any newspaper or newspapers published
    without the limits of the Land Registrar's District
    in which the land so proposed to be brought under
    the Act is situate, or in the Australian Colonies, or
    in Great Britain, then, and in any such case, the
    District Land Registrar may require payment of
    such additional sum as shall, in his judgment, be
    sufficient to defray the cost of such advertisements.
    All such sums to be paid into the Public Account.

  4. All accounts for the cost of advertisments shall
    be furnished to the District Land Registrar, by whom
    they shall be examined, certified, and forwarded to
    the Treasury for payment.

  5. All sums standing to the credit of the Deposit
    Account on the coming into force of these Regulations,
    shall be released from time to time upon the com-
    pletion of transactions, and dealt with in the same
    manner as if the deposit system continued in force,
    until all such sums are returned.

  6. In all cases where application is made to
    bring land under the Act by any person entitled at
    law thereto, and the certificate of title is directed to
    issue and is issued in the name of the applicant,
    the fees for bringing such land under the Act, with
    the exception of the "Application Fee," may, at the
    option of the applicant, remain unpaid until such
    land is dealt with by him as registered proprietor.
    The District Land Registrar shall retain any such
    certificate of title until the fees due upon the same
    have been paid, and, until such payment, shall not
    register any dealing with the land included in such
    certificate of title.

  7. When any application is withdrawn or rejected,
    the District Land Registrar shall prepare an account
    in the name of the applicant, for all fees which may
    have been paid in, with the exception of the "Applica-
    tion Fee" (and, if the land has been advertised, the
    advertising fee), and forward the same, duly certified,
    to the Treasury for payment.

FORSTER GORING,
Clerk of the Executive Council.



Next Page →



Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1871, No 64





✨ LLM interpretation of page content

🗺️ Regulations prescribing fixed fees under the Land Transfer Act, 1870 (continued from previous page)

🗺️ Lands, Settlement & Survey
6 December 1871
Land Transfer Act, Fees, Regulations, District Land Registrars, Assurance Fund, Advertising costs
  • William Sefton Moorhouse, Esquire, Registrar-General of Land
  • FORSTER GORING, Clerk of the Executive Council