✨ Land Transfer Electronic Instruments
20 SEPTEMBER 2007
NEW ZEALAND GAZETTE, No. 102
2755
Forms of Electronic Instruments
Section 26 of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 allows the Registrar-General of Land to specify the acceptable forms for electronic instruments.
The acceptable forms are specified below.
This notice replaces the Forms of Electronic Instruments specified by notice published in the New Zealand Gazette, 14 November 2002, No. 166, page 4175.
This notice takes effect from 8 October 2007.
Transfer Instrument
An electronic transfer instrument is in an acceptable form when it contains the following information:
● Instrument Type
● Affected Computer Register(s)
● Land District
● Transferor names(s)
● Transferee name(s)
● Transferor certifications under section 164A of the Land Transfer Act 1952
● Transferee certifications under section 164A of the Land Transfer Act 1952
● Digital signatures
Mortgage Instrument
An electronic mortgage instrument is in an acceptable form when it contains the following information:
● Instrument Type
● Affected Computer Register(s)
● Land District
● Mortgagor names(s)
● Mortgagee name(s)
● Memorandum Number (if applicable)
● Priority Amount ($)(All obligations mortgage, if applicable)
● Principal Sum; Ordinary Interest; Penalty Interest; Payment Dates; Term; Advance Date; Repayment Date (Fixed sum mortgage, if applicable)
● Mortgagor certifications under section 164A of the Land Transfer Act 1952
● Mortgagee certifications under section 164A of the Land Transfer Act 1952
● Digital signatures
Discharge Instrument
An electronic discharge instrument is in an acceptable form when it contains the following information:
● Instrument Type
● Affected Computer Register(s)
● Land District
● Affected Charge number
● Chargeholder name(s)
● Chargeholder certifications under section 164A of the Land Transfer Act 1952
● Digital signature
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) of the Land Transfer Act 1952.
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 replaces the Statutory Requirements notice published in the New Zealand Gazette, 14 November 2002, No. 166, at page 4176.
This notice takes effect from 8 October 2007.
| Class of Instrument | Statute and Applicable section | Nature of Provision | Requirements for Compliance | Certifying Conveyancer |
|---|---|---|---|---|
| Transfer | Housing Act 1955 s18 s37 |
Purchaser cannot dispose of interest in State housing land in any agreement or licence registered under s18 unless: (a) the instrument is in favour of the Crown or the Corporation, or the Crown or the Corporation is a party; or (b) the instrument is an application to register the settlement of the land under the Joint Family Homes Act 1964; or (c) the instrument is a disposition by way of mortgage; or (d) the consent of the Corporation is endorsed on the instrument. |
Requirements of s37 have been met. | Conveyancer acting for the transferor |
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Online Sources for this page:
VUW Te Waharoa —
NZ Gazette 2007, No 102
Gazette.govt.nz —
NZ Gazette 2007, No 102
✨ LLM interpretation of page content
🗺️ Forms of Electronic Instruments
🗺️ Lands, Settlement & Survey20 September 2007
Electronic Instruments, Land Transfer, Computer Registers, Transfer Instrument, Mortgage Instrument, Discharge Instrument, Digital Signatures
🗺️ Statutory Requirements for Electronic Instruments
🗺️ Lands, Settlement & Survey20 September 2007
Statutory Requirements, Land Transfer Act 1952, Housing Act 1955, Conveyancer Certification, State Housing Land