✨ Statutory Requirements for Land Instruments
2756
NEW ZEALAND GAZETTE, No. 102
20 SEPTEMBER 2007
| Class of Instrument | Statute and Applicable section | Nature of Provision | Requirements for Compliance | Certifying Conveyancer |
|---|---|---|---|---|
| Transfer Mortgage | Maori Housing Amendment Act 1938 s11 | Purchaser cannot dispose of land held under an agreement under s8 by sale, lease, mortgage, assignment or in any other manner unless the statutory procedures set out in s11 have been complied with. | Consent has been obtained in accordance with s11 of the Maori Housing Amendment Act 1938 and is held. | Conveyancer acting for the: – transferor – mortgagor |
| Transfer | Maori Housing Amendment Act 1938 s14 | Lessee cannot assign their leasehold interest without the consent of the Chief Executive of the Ministry of Māori Development. | Consent has been obtained in accordance with s14 of the Maori Housing Amendment Act 1938 and is held. | Conveyancer acting for the transferor |
| Transfer | New Zealand Railways Corporation Restructuring Act 1990 s23 s24 s25 | The Act enables New Zealand Railways Corporation to dispose of railways land held by the Crown (or Corporation). Section 23 requires the Railways Corporation to offer this land back to persons from whom the land was acquired (or to their successor). There are exceptions to this requirement. The transferor must notify and obtain the Chief Executive’s (LINZ) consent in order to dispose of railways land. | Complies with s23 and/or s24 and/or s25 of the New Zealand Railways Corporation Restructuring Act 1990. | Conveyancer acting for the transferor |
| Transfer | Land Act 1948 s89 | Commissioner of Crown Lands or Land Corporation Limited to consent to dealings with lease or licences and to the disposition of settlement land. | Complies with s89 of the Land Act 1948. Requisite consent has been obtained and is held. | Conveyancer acting for the transferor |
| Transfer Mortgage | Land Transfer Act 1952 s129(5) | Section 129(5) states that disclosure of any trust in respect of public reserve land will have the effect of a perpetual caveat to restrain any dealing manifestly inconsistent with that trust. | Does not contravene s129(5) of the Land Transfer Act 1952. | Conveyancer acting for the: – transferor – mortgagor |
| Transfer | Conservation Act 1987 s16A | Section 16A states that the Minister may by notice in the New Zealand Gazette authorise the exchange of any stewardship area for other land. | Complies with s16A of the Conservation Act 1987. | Conveyancer acting for the transferor |
| Transfer Mortgage | Conservation Act 1987 s26 | Section 26 states that the Minister may dispose of stewardship areas or areas of interest therein subject to the requirements to give notice. | Complies with s26 of the Conservation Act 1987. | Conveyancer acting for the transferor |
| Transfer Mortgage | Reserves Act 1977 s112(1) | No dealing with any reserve except in conformity with the trusts upon which the reserve is held. | Does not contravene s112(1) of the Reserves Act 1977 and s129 of the Land Transfer Act 1952. | Conveyancer acting for the: – transferor – mortgagor |
| Transfer Mortgage | Reserves Act 1977 s115(1) | Where a lease or licence includes a right to transfer, the lessee or licensee shall not transfer, sublease, mortgage or otherwise dispose of his interest without the consent of the administering body. Does not apply to reserves for railway purposes (s115(5)). | Does not contravene s115(1) of the Reserves Act 1977. | Conveyancer acting for the: – transferor – mortgagor |
| Transfer Mortgage | Te Ture Whenua Maori Act 1993 s126 s150A or s150B s151 | Sale or gift by Māori incorporation or trustees prevented by s126 unless confirmation of the Court under s151 is obtained. | Confirmation of the Court has been obtained and is held in accordance with s151. | Conveyancer acting for the: – transferor – mortgagor |
| Transfer Mortgage | Te Ture Whenua Maori Act 1993 s126 s150C s151 s157 | Sale or gift by other owners (as defined in s147(1)(a)-(c)) prevented by s126 unless confirmation of the Court under s151 is obtained. Section 157 allows for the alienation of any interest in Māori freehold land if a resolution of assembled owners has been obtained. The Māori Trustee (or Court appointed agent) is duly authorised by s157 to execute an instrument as the agent of the owners. | Confirmation of the Court has been obtained and is held in accordance with s151. | Conveyancer acting for the: – transferor – mortgagor |
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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
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Statutory Requirements for Electronic Instruments
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🗺️ Lands, Settlement & Survey20 September 2007
Statutory Requirements, Land Transfer Act 1952, Housing Act 1955, Conveyancer Certification, State Housing Land