304
THE NEW ZEALAND GAZETTE.
[No. 9

17. Every such amended description shall be expressed to be by way of substitution for the original description, and shall refer to the original application or instrument by name and number, and shall be signed by the applicant or the parties executing such instrument, or, at the discretion of the Registrar, by the solicitor or broker who shall have signed the certificate or correctness required by the Act.

18. No alteration whatever may be made in any instrument after the same has been registered.

REGISTRATION.

19. Applications to bring land under the Act, and instruments, dealings, and other matters required to be registered or entered in the Register-book, or deposited, shall be presented at the Land Registry Office by the person claiming thereunder or by some person acting on his or her behalf between the hours of 10 a.m. and 3 p.m., except on Saturdays, when the hours shall be from 10 a.m. to 12 noon.

20. No application, instrument, dealing, or other matter shall be received for registration unless the same shall comply in all respects with the requirements of the Act, and of these and any other regulations for the time being in force thereunder, and of any other law or regulation in force affecting the subject-matter of such application, instrument, or dealing.

21. No instrument the memorial whereof is required to be entered upon the duplicate certificate or other instrument of title shall be received for registration unless such duplicate is produced therewith or has been previously lodged for the purpose of such registration, except:—
    (a.) When the Registrar shall dispense with the production of the same under section 40 of the Act.
    (b.) For the purpose of giving notice under section 186 of the Act for the production of the same.
    (c.) In the case of any decree or order of any Court, or any Proclamation, Order in Council, or other instrument made or issued under any Act of the General Assembly.
    (d.) In any case in which it is provided by any Act of the General Assembly that the production of such duplicate shall not be required.

DEFECTIVE INSTRUMENTS: HOW DEALT WITH.

22. If after any application, instrument, or dealing has been received, any material defect, error, or omission shall be discovered therein, or in the title of the applicant or of any party thereto, or any caveat, by reason whereof the same cannot be registered or proceeded with, the Registrar shall forthwith notify the same by requisition in writing to the person by whom such instrument, dealing, or application was presented.

23. If such requisition cannot be satisfied, the application, instrument, or dealing may be withdrawn; and in such case the fees paid on reception thereof may be refunded, and every endorsement or entry relating thereto shall thereupon be cancelled. The withdrawn application or instrument, and all documents lodged in connection therewith, may be returned to the person by whom the same were presented or lodged: Provided that a copy of such application or instrument be supplied for the office file.

DELIVERY OF DOCUMENTS.

24. (a.) Every certificate of title, lease, or other instrument produced to the Registrar for the purpose of registering any dealing, and the duplicate or triplicate (if any) of every instrument presented for registration, shall be returned only to the person by whom the same were respectively produced or presented, or to such other person as he may in writing direct.
    (b.) Any certificate of title issued for the balance or for any part of the land included in any partially cancelled certificate shall be delivered only to the mortgagee (if any), or to the person by whom such partially cancelled certificate was produced, or to such other person as he may in writing direct.
    (c.) The foregoing provisions shall not be construed to prevent the Registrar from delivering to the registered proprietor or any other person any such certificate of title, lease, or other instrument where it appears to the Registrar that such registered proprietor or other person is entitled to the custody of the same.

CAVEATS.

25. In addition to the particulars required by section 148 of the Act, every caveat against dealings shall show how the estate or interest claimed is derived from the registered proprietor, and shall state whether such estate or interest is subject to any, and, if any, what prior encumbrances, estates, or interests, and whether it is intended to forbid the registration of all instruments affecting the title of the registered proprietor, or with any, and, if any, what exceptions.

26. A caveat, as mentioned in the last preceding clause, shall not prevent the registration of any instrument or class of instruments specifically excepted from the operation thereof, nor of any instrument affecting or relating to any estate or interest to which the caveator’s estate or interest is expressed to be subject.

27. On the request, in writing, of any person presenting for registration any instrument the registration whereof is prevented by a caveat, and on payment of the prescribed fee, the Registrar shall give to the caveator the notice referred to in section 155 of the Act.

SEARCHES.

28. On payment of the prescribed fees any person may search the Register and Provisional Register Books and Nominal Index, and all registered and deposited instruments and plans at any time during the hours specified in clause 4.

29. A “search” shall be deemed to include—
    (1.) The inspection of any one folium of the Register-book and of all registered instruments and plans referred to therein.
    (2.) The inspection of any one registered or deposited instrument or plan without reference to any particular title.

30. A “general search” shall be deemed to include inspection of the Nominal Index and of any number of titles in the name of one registered proprietor, with the relative instruments and plans.

31. For the purpose of assessing search fees, every search shall be deemed to be completed on the day on which the same is commenced: Provided that the Registrar may, at his discretion, allow a search uncompleted on one day to be completed on the following or a subsequent day without further fee.

32. Every person making a search shall enter his name and affix stamps for the search fees in a book to be kept for that purpose at the time of making the search.

33. Reasonable assistance may be afforded by the officers of the Department to persons searching, but no search may be made by such officers except by special arrangement approved by the Registrar-General of Land, and no responsibility shall be incurred for the accuracy of any information so obtained.

PLANS.

34. Every survey plan—
    (a.) Defining the land included in any application to bring the same under the provisions of the Act, or in any transfer of or other dealing with land under the provisions of the Act, or in any request for the issue of a balance or substituted certificate of title;
    (b.) Showing the subdivision into allotments of the land comprised in any certificate or certificates of title, or of any part thereof;
    (c.) Made for the purpose of correcting the boundaries or description of the land in any certificate of title—
    shall be presented at the Land Registry Office in the like manner and within the same hours as instruments for registration.

35. Such survey plan shall be referred to the Chief Surveyor or other officer appointed for the purpose for examination and approval—
    (a.) As a survey of the particular land comprised in such application, transfer, or dealing; or
    (b.) As a survey of the land comprised in any such request as aforesaid; or
    (c.) As a survey of such subdivision into allotments; or
    (d.) As a correct or amended survey of the land in any certificate of title—
    as the case may be; and when so approved shall be deposited, subject, however, to the final approval of the Registrar.

36. No alteration or addition whatever shall be made in or to any plan after the same has been deposited without the sanction of the Registrar.

37. No plan showing new roads or rights-of-way shall be deposited until all necessary consents of local bodies have been given and all requirements of the Public Works or other Acts regulating the laying-out, dedication, formation, or widening of roads have been complied with.

FEES.

38. All fees under the Act shall be due and payable in advance.

39. Where several properties are included in one form of application, there shall be charged in respect of each property an application fee and a fee for bringing the land under the Act. Land included within one outer boundary shall be deemed one property for the purpose of this regulation.

40. In all cases a fee of £1 is hereby prescribed as the charge to be made for advertising notice of application to bring land under the Act: Provided that whenever it is necessary that unusual publicity shall be given to any application, the