✨ Land Transfer Act Requirements
1810
NEW ZEALAND GAZETTE, No. 63
20 MARCH 2008
● Transferee name(s)
● Transferee additional details eg legal disability/no survivorship (if applicable)
● Transferor certifications under section 164A of the Land Transfer Act 1952
● Transferee certifications under section 164A of the Land Transfer Act 1952
● Digital signatures
● Annexure Schedule (if applicable)
Mortgage Instrument
An electronic mortgage instrument is in an acceptable form when it contains the following information:
● Instrument Type
● Affected Computer Register(s)
● Land District
● Affected Instrument (if applicable)
● Description of Part (if applicable)
● Mortgagor name(s)
● Mortgagee name(s)
● Mortgagee Share of Mortgage (if applicable)
● Memorandum Number (if applicable)
● Priority Amount ($) (All obligations mortgage, if applicable)
● Principal Sum; Ordinary Interest; Penalty Interest; Payment Dates; Term; Advance Date; Repayment Date (Fixed sum mortgage, if applicable)
● Clauses and Conditions (if applicable)
● Annexure Schedule (if applicable)
● Mortgagor certifications under section 164A of the Land Transfer Act 1952
● Mortgagee certifications under section 164A of the Land Transfer Act 1952
● Digital signatures
Discharge Instrument
An electronic discharge instrument is in an acceptable form when it contains the following information:
● Instrument Type
● Affected Computer Register(s)
● Land District
● Affected Charge number
● Description of Part Discharged eg part of land (if applicable)
● Chargeholder name(s)
● Chargeholder certifications under section 164A of the Land Transfer Act 1952
● Digital signature
Statutory Requirements
Section 164A(3) of the Land Transfer Act 1952 permits the Registrar-General of Land to specify the statutory requirements that apply to a class of instrument. The following table details the statutory provisions for each class of instrument. I hereby specify the statutory provisions detailed in this table for the purposes of section 164A(3)(c) of the Land Transfer Act 1952.
This specification means that when a conveyancer is giving a certification under section 164A(3)(c) and Regulation 12 of the Land Transfer Regulations 2002, the conveyancer is certifying that each of the statutory provisions specified has been complied with or does not apply, as the case may be.
This notice replaces the Statutory Requirements notice published in the New Zealand Gazette, 20 September 2007, No. 102, page 2755.
This notice takes effect from 31 March 2008.
| Class of Instrument | Statute and Applicable section | Nature of Provision | Requirements for Compliance | Certifying Conveyancer |
|---|---|---|---|---|
| Transfer | Housing Act 1955\ns18\ns37 | Purchaser cannot dispose of interest in State housing land in any agreement or licence registered under s18 unless:\n(a) the instrument is in favour of the Crown or the Corporation, or the Crown or the Corporation is a party; or\n(b) the instrument is an application to register the settlement of the land under the Joint Family Homes Act 1964; or\n(c) the instrument is a disposition by way of mortgage; or\n(d) the consent of the Corporation is endorsed on the instrument. | Requirements of s37 have been met. | Conveyancer acting for the transferor |
| Transfer Mortgage | Maori Housing Amendment Act 1938\ns11 | Purchaser cannot dispose of land held under an agreement under s8 by sale, lease, mortgage, assignment or in any other manner unless the statutory procedures set out in s11 have been complied with. | Consent has been obtained in accordance with s11 of the Maori Housing Amendment Act 1938 and is held. | Conveyancer acting for the:\n– transferor\n– mortgagor |
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Online Sources for this page:
VUW Te Waharoa —
NZ Gazette 2008, No 63
Gazette.govt.nz —
NZ Gazette 2008, No 63
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