✨ Statutory Requirements for Land Instruments
20 SEPTEMBER 2007
NEW ZEALAND GAZETTE, No. 102
| Class of Instrument | Statute and Applicable section | Nature of Provision | Requirements for Compliance | Certifying Conveyancer |
|---|---|---|---|---|
| Transfer Mortgage | Te Ture Whenua Maori Act 1993 s126 s150C s151 s160 | Alienation (lease licence forestry right profit, mortgage, charge, or encumbrance) by other owners (as defined in s147(1)(a)-(c)) prevented by s126 unless confirmation of the Court under s160 is obtained. Where the Registrar refuses to issue a certificate of confirmation under this section, the application may be referred to the Court as if it were an application dealt with under s151. | A certificate of confirmation has been obtained from the Māori Land Court in accordance with s160 or s151 of Te Ture Whenua Maori Act 1993 and is held. | Conveyancer acting for the: – transferor – mortgagor |
| Transfer | Maori Purposes Act 1970 s30 | Land vested in Poho-o-Rawiri Marae Committee cannot be sold without the confirmation of the Māori Land Court. | Consent has been obtained in accordance with s30 of the Maori Purposes Act 1970 and is held. | Conveyancer acting for the transferor |
| Transfer | Maori Purposes Act 1991 s2(14) | Land vested in the trustees of Wi Pere is deemed to be Māori freehold land and cannot be sold without the confirmation of the Māori Land Court. | Confirmation of the Māori Land Court has been obtained. | Conveyancer acting for the transferor |
| Transfer | Maori Purposes Act 1993 s16 | Section 16 specifies that no land acquired under section 87 of Maori Affairs Restructuring Act 1989 (for Kokiri Centres) is to be sold, leased or exchanged without the consent of the Minister of Māori Affairs. | Consent has been obtained in accordance with s16 of the Maori Purposes Act 1993 and is held. | Conveyancer acting for the transferor |
| Transfer | Maori Reserved Land Act 1955 s86 | The Māori Trustee may sell Township land: (a) with the written consent of the beneficial owners or the trustees of owners with a legal disability; or (b) pursuant to a resolution of the assembled owners. | Is duly authorised pursuant to s86 of the Maori Reserved Land Act 1955 and s157 of Te Ture Whenua Maori Act 1993. | Conveyancer acting for the transferor |
| Transfer | Maori Reserved Land Amendment Act 1997 s12 | The RGL must not register a transfer of any land that is subject to a lease to which this Act applies or of the lessee’s interest in a lease to which this Act applies unless: (a) the transfer is to the lessor or lessee; or (b) where the transfer is to a third party, the lessor or lessee that is not a party to the transfer consents in writing to the transfer; or (c) the transfer is accompanied by a certificate from the solicitor acting for the transferor that the transfer does not contravene the provisions in Schedule 1. | Complies with s12 and the provisions of Schedule 1. | Conveyancer acting for the transferor |
| Transfer | Otago Regional Council (Kuriwao Endowment Lands) Act 1994 s13(4) | Endowment Lands to which this Act applies cannot be disposed of unless the Council agrees to dispose of the land by resolution and after public notice has been given. | Certificate of compliance under s13(4) of this Act has been obtained and held. | Conveyancer acting for the transferor |
| Transfer Mortgage | Burial and Cremation Act 1964 s31 | Registered notice of dedication as a burial ground operates as a perpetual caveat to restrain any dealing with the land manifestly inconsistent with such notice. | Transfer does not contravene s31 of the Burial and Cremation Act 1964. | Conveyancer acting for the: – transferor – mortgagor |
| Transfer | Mining Tenures Registration Act 1962 s16 | Mining licence cannot be transferred until notice is given to Commissioner of Crown Lands. | Complies with s16 of the Mining Tenures Registration Act 1962. | Conveyancer acting for the transferor |
R. W. MUIR, Registrar-General of Land.
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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
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Statutory Requirements for Electronic Instruments
(continued from previous page)
🗺️ Lands, Settlement & Survey20 September 2007
Statutory Requirements, Land Transfer Act 1952, Housing Act 1955, Conveyancer Certification, State Housing Land
- R. W. Muir, Registrar-General of Land