✨ Land Transfer Act Requirements
26 SEPTEMBER 2008 NEW ZEALAND GAZETTE, No. 144 3955
Requirements for the Retention of Evidence
Section 164C 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 LTA.
Section 164C 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 the certification may satisfy the obligation under section 164C by keeping the evidence detailed in the table below in relation to each instrument.
LINZS20002 Standard for verification of identity for registration under the Land Transfer Act 1952 sets out the minimum requirements for verifying identity for the purpose of registering land transactions. A practitioner may discharge these obligations by personally conducting the identity checks or by delegating these functions to some other trusted person. In either case, the practitioner who provides the certification has responsibility for the adequacy of the identity verification.
In relation to legal capacity, this means that the practitioner giving the certification must take reasonable steps to assess that the person giving the authority was not a minor and was of sound mind, and document the basis for that assessment. If the person giving authority was a corporate, then the practitioner giving the certification must be satisfied that the relevant constitution or rules have been complied with.
The New Zealand Law Society E-Dealing Guidelines and associated Authority & Instruction form(s) are, where applicable, accepted by the Registrar-General of Land as being an adequate means of satisfying the form of documentation in relation to each instrument.
This notice replaces the Requirements for Retention of Evidence Notice in the New Zealand Gazette, 14 November 2002, No. 166, page 4175.
This notice takes effect from 29 September 2008.
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NZ Gazette 2008, No 144
✨ LLM interpretation of page content
🗺️ Requirements for Retention of Evidence under Land Transfer Act
🗺️ Lands, Settlement & SurveyLand Transfer Act, Evidence Retention, Verification of Identity, Legal Capacity