Landonline News
Landonline Release 3.1 implemented
Release 3.1 was implemented as planned on Monday, 29 September 2008. This release included enhancements for both conveyancers and surveyors, and is the final release before the mandatory e-lodgement date for titles transactions on 23 February 2009.
"It's been great to see so many customers already using the new e-dealing instruments," says Claire Kidd, Acting Customer Uptake Manager. "Within the first three weeks, uptake of the new template instruments was at nearly 40%."
e-dealing
Although the new functionality of the release was implemented as planned, Landonline experienced a problem with the Spatial Window function of Landonline. The problem first appeared on Monday 29 September, coinciding with the completion of Release 3.1 implementation and mainly affected our survey customers.
With each new release, in addition to increased functionality for our customers, we also correct minor issues and upgrade software in order to remain technologically current. An upgrade was made to the supporting GIS software used by Landonline. While testing went smoothly, unfortunately the experience was different for our customers in full production. A subsequent configuration was implemented within the GIS software, which has fixed the Spatial Window.
See Known issues on this website for more detail on Release 3.1.
More information for conveyancing professionals is also included in articles Release 3.1 roadshow draws to a close and e-dealing... how far we have come in this edition of Landwrap.
e-survey
Release 3.1 had three changes that impact on e-survey. Surveyors are encouraged to read the release notes.
- Plan Generation: An enhancement was implemented to prevent geometry errors when attempting to open Plan Generation. This change impacts plans that had diagrams generated prior to the release. The geometry errors were prevalent in non-SDC areas causing delays. As a result of this enhancement, surveyors are reminded that if they have a plan that had diagrams generated prior to Release 3.1 on Monday 29 September, and the plan has not been accessed since, you will need to redefine some of your diagrams in Plan Generation/Define Diagrams where the originally defined diagrams no longer covers the required area. See release notes
- Entering the Territorial Authority (TA) name: The release has changed the way TA names are entered in e-survey. To enter a TA name, users are required to populate the TA field in the Manage Survey Transaction screen and will not be able to delete the TA name from the Survey Header. Pre-validation will fail if the TA field is not populated. See release notes
- Exception process: The exception process can be entered at any time in data capture and by any enabled user. The need to certify and submit a dataset to access the exception process has been removed. See release notes
New email option when requesting manual copies
A new email delivery option has been added within the 'Request Manual Copy' screen in Landonline.
When using the 'Request Manual Copy' screen within 'Searches', a requested product can now be emailed back to the customer. Please note, however, that not all of LINZ's manual records are able to be supplied as emails.
Customers are encouraged to check and confirm that their email address details are correct via the 'My Details' icon.
Regulatory News
Enduring Powers of Attorney – recent legislation changes
The Protection of Personal and Property Rights Amendment Act 2007 (amending the Protection of Personal and Property Rights Act 1988) and the Protection of Personal and Property Rights (Enduring Powers of Attorney Forms) Regulations 2008 (2008 Regulations) came into force on 26 September 2008. Some significant changes have been made to the enduring power of attorney (EPA) regime as a result.
In particular, there are some new requirements that must be fulfilled whenever an enduring power of attorney is deposited with LINZ or relied upon for registration purposes.
What LINZ will require
The registration requirements will depend on whether or not the instrument signed by an attorney under an EPA is certified under s164A of the Land Transfer Act 1952:
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(a) Electronic instruments with s164A Land Transfer Act certification
In the case of an electronic instrument certified under s164A of the Land Transfer Act 1952, the attorney will need to sign the Authority and Instruction (A&I) form. In such cases the following requirements apply:
- the EPA need not be deposited but must be held on file by the certifying lawyer
- the donor's signature on the EPA must be witnessed by one of the three acceptable classes of witness as set out in s94A(4) of the Protection of Personal and Property Rights Act 1988 (PPPR Act)
- the donor witness certificate must be attached to the EPA as provided in s94A(7) of the PPPR Act
- the A&I form must be accompanied by:
- a certificate of non-revocation and non-suspension in Form 3 (2008 Regulations), and
- if the EPA is activated by mental incapacity, a health practitioner's certificate in Form 4 (2008 Regulations) must be provided.
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(b) Instruments lodged electronically without s164A Land Transfer Act certification or lodged in paper format
Instruments lodged electronically without a s164A Land Transfer Act 1952 certification or in paper format will require the following:
- the EPA must be deposited with LINZ
- the donor's signature on the EPA must be witnessed by one of the three acceptable classes of witness as set out in s94A(4) of the PPPR Act
- the donor witness certificate must be attached to the EPA as provided in s94A(7) of the PPPR Act
- the instrument executed by the attorney must be accompanied by a certificate of non-revocation and non-suspension in Form 3 (2008 Regulations)
- if the EPA is activated by mental incapacity, a health practitioner's certificate in Form 4 (2008 Regulations) must be provided.
Implied rights of way – s168 of the Land Transfer Act 1952
Section 168 of the Land Transfer Act 1952 (the Act) once operated to create statutory rights of way over land shown as road on subdivision plans. While some of these implied rights of way may still exist in older subdivisions, the provision is almost redundant as roads have for some time vested automatically upon deposit of the plan for more modern subdivisions.
The question sometimes arises as to whether s168 rights of way may be noted on computer registers. Although, historically, there have been specific instances where these rights have been noted, as a general rule, they are not recorded on titles. Such rights of way are a creature of statute and therefore exist irrespective of any entry on the register.
Section 168 of the Act does not authorise or require LINZ to note on any title that implied rights of way affect the land, whether as a servient or a dominant tenement. Whether or not such rights exist is, of course, a question of fact and law that must be determined on a case by case basis by reference to the supporting deposited plan.
However, despite the general rule, any historical notations will remain on titles and will be brought forward onto replacements.
The only notation s168 requires is when a registered proprietor disclaims an implied right of way. In this case, LINZ will record on the computer register and the plan that s168 has ceased to apply, to the extent specified in the disclaimer.
