Land Transfer Act Requirements




26 SEPTEMBER 2008 NEW ZEALAND GAZETTE, No. 144 3959

Class of Electronic Instrument Requirements for the Retention of Evidence

Practitioner acting for the grantor –

Documentation evidencing

Easement instrument to Grant Easement or Profit a prendre or Create Land Covenant (sections 90A and 90F Land Transfer Act 1952)

  • Written authorisation from the grantor confirming that the practitioner is authorised to act for the grantor.
  • That reasonable steps have been taken to confirm the identity and legal capacity of the grantor.
  • 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).

Easement instrument to surrender Easement or Profit a prendre or Land Covenant (sections 90A and 90F Land Transfer Act 1952)

Practitioner acting for the grantee –

Documentation evidencing

  • Written authorisation from the grantee confirming that the practitioner is authorised to act for the grantee.
  • That reasonable steps have been taken to confirm the identity and legal capacity of the grantee.
  • 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).

Easement instrument to vary Easement or Profit a prendre or Land Covenant (sections 90C and 90F Land Transfer Act 1952)

Practitioner acting for the encumbrancer –

Documentation evidencing

  • Written authorisation from the encumbrancer confirming that the practitioner is authorised to act for the encumbrancer.
  • That reasonable steps have been taken to confirm the identity and legal capacity of the encumbrancer.
  • 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).

Encumbrance instrument (section 101 Land Transfer Act 1952)

Practitioner acting for the encumbrancee –

Documentation evidencing

  • Written authorisation from the encumbrancee confirming that the practitioner is authorised to act for the encumbrancee.
  • That reasonable steps have been taken to confirm the identity and legal capacity of the encumbrancee.
  • 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).


Next Page →



Online Sources for this page:

Gazette.govt.nz PDF NZ Gazette 2008, No 144





✨ LLM interpretation of page content

🗺️ Requirements for Retention of Evidence under Land Transfer Act (continued from previous page)

🗺️ Lands, Settlement & Survey
Land Transfer Act, Evidence Retention, Verification of Identity, Legal Capacity, Practitioner Requirements, Mortgagee, Applicant, Transmission by Survivorship, Executor, Administrator, Bankruptcy, Amalgamated Company