✨ Land Transfer Evidence Requirements
NEW ZEALAND GAZETTE, No. 144
26 SEPTEMBER 2008
Class of Electronic Instrument
Requirements for the Retention of Evidence
Practitioner acting for the transferor -
Documentation evidencing:
Transfer instrument
(section 90 Land Transfer Act 1952)
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Written authorisation from the transferor confirming that the practitioner is authorised to act for the transferor.
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That reasonable steps have been taken to confirm the identity and legal capacity of the transferor.
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That any consents or other matters necessary to comply with the statutory requirements specified by the Registrar-General of Land in this Notice have been obtained (where applicable).
Practitioner acting for the transferee -
Documentation evidencing:
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Written authorisation from the transferee confirming that the practitioner is authorised to act for the transferee.
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That reasonable steps have been taken to confirm the identity and legal capacity of the transferee.
-
That any consents or other matters necessary to comply with the statutory requirements specified by the Registrar-General of Land in this Notice have been obtained (where applicable).
Practitioner acting for the chargeholder -
Documentation evidencing:
Discharge instrument
(section 111 Land Transfer Act 1952 and the other enactments specified in the Land Transfer Regulations Schedule of permissible instruments)
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Written authorisation from the chargeholder/mortgagee confirming that the practitioner is authorised to act for the chargeholder/mortgagee.
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That reasonable steps have been taken to confirm the identity and legal capacity of chargeholder/mortgagee.
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That any consents or other matters necessary to comply with the statutory requirements specified by the Registrar-General of Land in this Notice have been obtained (where applicable).
Practitioner acting for the mortgagor -
Documentation evidencing
Mortgage instrument
(section 101 Land Transfer Act 1952)
- Written authorisation from the mortgagor confirming that the practitioner is authorised to act for the mortgagor.
Mortgage variation instrument
(section 102 Land Transfer Act 1952)
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That reasonable steps have been taken to confirm the identity and legal capacity of the mortgagor.
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That any consents or other matters necessary to comply with the statutory requirements specified by the Registrar-General of Land in this Notice have been obtained (where applicable).
Mortgage priority instrument
(section 103 Land Transfer Act 1952)
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NZ Gazette 2008, No 144
✨ LLM interpretation of page content
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Requirements for Retention of Evidence under Land Transfer Act
(continued from previous page)
🗺️ Lands, Settlement & SurveyLand Transfer Act, Evidence Retention, Verification of Identity, Legal Capacity, Practitioner Requirements