✨ Statutory Requirements Notice
NEW ZEALAND GAZETTE, No. 144
26 SEPTEMBER 2008
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 practitioner is giving a certification under section 164A(3)(c) and Regulation 12 of the Land Transfer Regulations 2002, the practitioner 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, 20 March 2008, No. 63, page 1809.
This notice takes effect from 29 September 2008.
| Statute and Applicable section | Nature of Provision | Requirements for Compliance | Class of Instrument | Certifying Practitioner |
|---|---|---|---|---|
| Burial and Cremation Act 1964 | ||||
| s31 | Dedication of denominational burial grounds - registered notice of dedication as a denominational burial ground operates as a perpetual caveat to restrain any dealing with the land manifestly inconsistent with such notice. | Does not contravene s31 of the Burial and Cremation Act 1964. | • Transfer • Lease • Lease Variation • Mortgage • Mortgage Variation • Encumbrance • Transmission • Application for Deposit of Unit Title Plan |
Practitioner acting for the: |
• Transferor
• Lessor
• Lessor
• Mortgagor
• Mortgagor
• Encumbrancer
• Applicant
• Applicant |
| 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. | • Transfer | • Practitioner acting for the Transferor |
| 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. | | |
| 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 instrument 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. | • Transfer
• Lease
• Lease Variation | Practitioner acting for the:
• Transferor
• Lessor
• Lessee |
| Land Transfer Act 1952
s121M
Transfer of a registered licence | The Registrar must not register a transfer of a registered licence unless the Registrar is satisfied that an instrument disposing of the shares to which the licence relates to the person acquiring the licence under the transfer has been registered by the company or its directors. | An instrument disposing of the shares to the person acquiring the licence has been registered in the Companies Office. | • Transfer of Licence to Occupy | • Practitioner acting for the Transferor |
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NZ Gazette 2008, No 144
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Statutory Requirements, Forms of Electronic Instruments, and Requirements for the Retention of Evidence
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🗺️ Lands, Settlement & SurveyLand Transfer Act, Electronic Instruments, Evidence Retention, Statutory Provisions, Compliance