Family Homes Protection Act Forms




718
THE NEW ZEALAND GAZETTE.
[No. 32

  1. The Register-book of applications under the Act, and all certificates granted thereon, shall be open to inspection by any person during office-hours on payment of the prescribed fee.

  2. The fees payable in respect of the several matters aforesaid shall be those specified in the Second Schedule, and shall be collected by stamps in like manner as other fees of office are now collected by District Land Registrars.

  3. All notices required to be given to the applicant by the Act or by these regulations may be given through the post by registered letter addressed to him at the address for service given in the application, and all notices so sent shall be deemed to have been duly served: Provided that the applicant may from time to time by notice to the Registrar substitute any other address for service.

  4. Notices required to be given to the settlor may be given and addressed in the same manner as is hereinbefore provided with respect to notices to the applicant. In case of the death of the settlor a notice so addressed shall be deemed sufficient notice to the persons entitled in distribution.

FIRST SCHEDULE.

A.—Form of Application under Section 5.

To the District Land Registrar, District.

I [name in full], of [residence and description], hereby make application to have the land hereinafter described, according to my estate and interest therein, registered as a family home under the provisions of “The Family Homes Protection Act, 1895.”

Dated this day of , 18 .

Description of Land above referred to.

Area and Boundaries. Nature of Interest.

My address for service of notices is .

[Signature of applicant.]

B.—Form of Declaration to accompany Application.

I, , of , do solemnly and sincerely declare—

  1. That I am the applicant under the Family Homes Protection Act for a certificate under section 15 of the said Act in respect of [Describe land].

  2. That my interest in the said land is truly stated in the said application, and is unencumbered, and that I am at the date of making this declaration able to pay all my debts without the aid of the said land.

  3. That I at present reside and have my home on the said land, and that I have no land registered as a “family home” under the said Act in any other land registration district than that in which the said land is situate.

  4. That the place [or several places] where I have during the twelve months preceding the date hereof resided or carried on business are as follows, that is to say [Specify place or places].

And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of an Act of the General Assembly of New Zealand intituled “The Justices of the Peace Act, 1882.”

Declared this day of , 189 .

[Signature of declarant.]

C.—Certificate of Value under Section 3.

I HEREBY certify to the District Land Registrar for the Land Registration District of , in terms of section 3 of “The Family Homes Protection Act, 1895,” that the value of the land [or of the interest in land] described in the within application, and thereby sought to be brought under the provisions of the said Act, does not exceed, with all improvements thereon, the sum of £ .

Dated this day of , 18 .

, Commissioner of Taxes.

D.—Notice under “The Family Homes Protection Act, 1895.”

Application No. .

I HEREBY give notice that , of [description and residence], has made application under the provisions of “The Family Homes Protection Act, 1895,” to have the land described in his said application, situate at , in the Provincial District of , registered as a “family home,” and that the same will be registered accordingly unless caveat forbidding the same be lodged with me, at the District Lands Registry Office, , by some person claiming to be a creditor of the applicant within the time limited for that purpose by the said Act.

Dated this day of , 18 .

, District Land Registrar.

E.—Form of Caveat under “The Family Homes Protection Act, 1895.”

In the matter of the application of , No. , under “The Family Homes Protection Act, 1895.”

To the District Land Registrar, District.

TAKE notice that I, , claiming to be a creditor of the above-named applicant, hereby forbid the granting of the said application.

Dated this day of , 18 .

, Caveator.

Witness— .

F.—Notice of Entry of Caveat.

In the matter of the application of , No. , under “The Family Homes Protection Act, 1895.”

TAKE notice that , of , claiming to be a creditor of you, the above-named applicant, has lodged with me a caveat forbidding the granting of the above application.

Dated this day of , 18 .

, District Land Registrar.

To (applicant).

G.—Form of Withdrawal of Caveat.

In the matter of the application of , No. , under “The Family Homes Protection Act, 1895.”

TAKE notice that I hereby withdraw the caveat lodged by me forbidding the granting of the above application.

Dated this day of , 18 .

, Caveator.

Witness— .

To the District Land Registrar, District.

H.—Certificate under Section 15.

In the matter of the application of , No. , under “The Family Homes Protection Act, 1895.”

I HEREBY certify that the land the subject of the above-mentioned application, as the said land is more particularly described and delineated by the plan and description hereon indorsed or hereunder written, is entitled to be registered as a “family home” under the provisions of “The Family Homes Protection Act, 1895.” In witness whereof I have hereunto set my hand and seal of office this day of , 18 .

, District Land Registrar.

J.—Memorial under Section 26.

It is hereby notified that the foregoing registration under “The Family Homes Protection Act, 1895,” has been rescinded [or has ceased to operate] under the said Act.

Dated this day of , 18 .

, District Land Registrar.

K.—Notice under Section 27.

Family Home Certificate No. .

We, the undersigned, being all the persons entitled in distribution to the land the subject of the above certificate, hereby signify our consent that the said land shall be continued as a “family home,” and we and each of us request you to register a memorial of such continuance.

Dated this day of , 18 .

To the District Land Registrar, District.

SECOND SCHEDULE.

Fees.
£ s. d.
On lodging application (including cost of gazetting) 1 0 0
Certificate of value to be given by Commissioner of Taxes .. .. .. .. 0 5 0
Entering caveat .. .. .. .. 0 5 0
Certificate under section 15, including registration and deposit—
If value of land not exceeding £500.. .. 0 5 0
If exceeding £500 and not exceeding £1,000 .. 0 10 0
Exceeding £1,000 .. .. .. 1 0 0
Registering memorial under section 27 .. .. 0 10 0
Search .. .. .. .. 0 1 0

J. F. ANDREWS,
Acting Clerk of the Executive Council.



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1896, No 32





✨ LLM interpretation of page content

🏥 Family Homes Protection Act Regulations (continued from previous page)

🏥 Health & Social Welfare
25 April 1896
Family Homes Protection, Regulations, Forms, Fees, Land Registrar
  • J. F. Andrews, Acting Clerk of the Executive Council