Land Transfer Requirements




NEW ZEALAND GAZETTE, No. 144

26 SEPTEMBER 2008

Requirements for the Retention of Evidence

Class of Electronic Instrument

Practitioner acting for the lessor –

Documentation evidencing

  • Lease instrument
    (section 115 Land Transfer Act 1952)

    • Written authorisation from the Lessor confirming that the practitioner is authorised to act for the Lessor.
    • That reasonable steps have been taken to confirm the identity and legal capacity of the Lessor.
    • 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).
  • Lease variation instrument
    (section 116 Land Transfer Act 1952)

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

Documentation evidencing

  • Lease surrender instrument
    (section 120 Land Transfer Act 1952)
    • Written authorisation from the Lessee confirming that the practitioner is authorised to act for the Lessee.
    • That reasonable steps have been taken to confirm the identity and legal capacity of the Lessee.
    • 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 applicant –

Documentation evidencing

  • Application to Note Merger of Lease
    (Regulation 25)
    • Written authorisation from the Applicant confirming that the practitioner is authorised to act for the Applicant.
    • That reasonable steps have been taken to confirm the identity and legal capacity of the Applicant.
    • 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 licensor –

Documentation evidencing

  • Licence to occupy
    (section 121C Land Transfer Act 1952)
    • Written authorisation from the Licensor confirming that the practitioner is authorised to act for the Licensor.
    • That reasonable steps have been taken to confirm the identity and legal capacity of the Licensor.
    • 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 licensee –

Documentation evidencing

  • Surrender of licence to occupy
    (section 121K Land Transfer Act 1952)
    • Written authorisation from the Licensee confirming that the practitioner is authorised to act for the Licensee.
    • That reasonable steps have been taken to confirm the identity and legal capacity of the Licensee.
    • 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).


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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, Lease Instrument, Lease Variation, Lease Surrender, Application to Note Merger of Lease, Licence to Occupy, Surrender of Licence