✨ Land Transfer Act Requirements
NEW ZEALAND GAZETTE, No. 144
26 SEPTEMBER 2008
Class of Electronic Instrument
Requirements for the Retention of Evidence
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Transmission by Her Majesty the Queen pursuant to Section 324 Companies Act 1993 - Copy of declaration with evidence of dissolution/disclaimer or non-distribution and public notice under s324(3) Companies Act 1993.
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Transmission by Bona Vacantia to Her Majesty the Queen pursuant to Section 77 Administration Act 1969 - Copy of document(s) evidencing entitlement to be registered as proprietor (including evidence of death and intestacy and evidence that none of the persons potentially entitled under s77 Administration Act 1969 exist).
Caveat (sections 137 and 205(4) Land Transfer Act 1952)
Practitioner acting for the caveator –
Confirmation (by email, letter, file note or other documentation) that the practitioner is authorised to act for the caveator.
Practitioner acting for the claimant –
Notice of claim (section 42(3), Property (Relationships) Act 1976)
Confirmation (by email, letter, file note or other documentation) that the practitioner is authorised to act for the claimant.
Practitioner acting for the applicant –
Documentation evidencing
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Written authorisation from the applicant confirming that the practitioner is authorised to act for the applicant.
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That reasonable steps have been taken to confirm the identity and legal capacity of the applicant.
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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).
Application for correction or change of name (Regulation 26)
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Application by Company or Incorporated Society
Copy of document(s) evidencing grounds for the application (including a Certificate of Incorporation in the changed name). A statutory declaration will be necessary if the documentary evidence is not self-explanatory and the information requires verification or expansion.
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Application by Natural Person
Copy of document(s) evidencing grounds for the application, including appropriate Certificate(s). A statutory declaration will be necessary if the documentary evidence is not self-explanatory and the information requires verification or expansion. An example of when documentary evidence may not be self-explanatory is the adoption of an alias when there is no documentary evidence to support it. In this case, a statutory declaration is likely to be required because the information required is so personal to the applicant that nobody else can make it on their behalf.
Refer to LINZG20704 Guideline for making application to change or correct names on the Register for more information.
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NZ Gazette 2008, No 144
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Requirements for Retention of Evidence under Land Transfer Act
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🗺️ Lands, Settlement & SurveyLand Transfer Act, Evidence Retention, Verification of Identity, Legal Capacity, Practitioner Requirements, Mortgagee, Applicant, Transmission by Survivorship, Executor, Administrator, Bankruptcy, Amalgamated Company