NEW ZEALAND GAZETTE

No. 166

• Land district
• Mortgagor name(s)
• Mortgagee name(s)
• Mortgage details (fixed sum etc as per paper form, if any)
• Memorandum number
• Mortgagor and mortgagee certifications under section 164A of the Land Transfer Act
• Digital signatures

Discharge of Mortgage

An electronic discharge of mortgage is in an acceptable form when it contains the following information:

• Instrument type
• Details of affected titles
• Land district
• Affected instrument number
• Mortgagee name(s)
• Mortgagee certifications under section 164A of the Land Transfer Act
• Digital signature

Withdrawal Instrument

An electronic withdrawal instrument is in an acceptable form when it contains the following information:

• Instrument type
• Details of affected titles
• Land district
• Affected instrument number
• Chargeholder or caveator name(s)
• Chargeholder or caveator certifications under section 164A of the Land Transfer Act
• Digital signature

Requirements for the Retention of Evidence

Section 164C (1) of the Land Transfer Act 1952 requires any person who is giving a certification under the Act to retain evidence showing the truth of that certification. That evidence must be held for the period prescribed in Regulations made under the Land Transfer Act. Section 164C (2) allows the Registrar-General of Land to specify the requirements that will satisfy the obligation imposed under section 164C (1). Without limiting what may be considered adequate to show the truth of the certifications given, the Registrar-General of Land considers that the person giving a certification may satisfy the obligation under section 164C by keeping:

• written confirmation from the party specified in the Regulations in relation to each instrument that the person giving the certification is authorised to act for them.
• documentation to show how the person giving the certification ascertained that the person who gave the authority to act had the legal capacity to give that authority. This means that the person giving the certification must take reasonable steps to assess that the person giving authority was not a minor and was of sound mind, and document the basis for that assessment. The nature of this assessment is similar to that required of an attesting witness to a paper transaction where further proof of execution is required under Regulation 16 of the Land Transfer Regulations 2002. If the person giving authority was a corporate, then the person giving the certification must be satisfied that the relevant constitution or rules have been complied with.
• documentation showing how the person giving the certification confirmed the identity of the person who gave the authority to act.
• documentation to show that the specified statutory requirements were considered and where necessary, documentation is held to show that applicable statutory requirements have been complied with.

The New Zealand Law Society Guidelines and associated form(s) are accepted by the Registrar-General of Land as being an adequate means of satisfying these requirements.

This notice takes effect from the 18th day of November 2002.

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). 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 takes effect from the 18th day of November 2002.