Landonline News
Landonline and Customer Support Christmas and New Year hours
Merry Christmas and Happy New Year to all Landonline customers from the team at LINZ.
Landonline and Customer Support will operate normal business hours leading up to the Christmas holidays.
On Wednesday, 24 December 2008 both Landonline and Customer Support are scheduled to close at an earlier time of 5pm (rather than 9pm) and will be available again in the New Year from 7am on Monday, 5 January 2009.
LINZ's Processing Centres will also close for business on 24 December at 4pm and will re-open at 9am on 5 January.
Checking TA approvals online
With the ability to lodge new title dealings and surveys online, you may need to check if Territorial Authority (TA) certifications (such as s223 and s224 certificates) have been lodged electronically.
To do this, open 'Searches' then 'Search Survey'.
Enter the survey plan number (noting the plan will still be an LT rather than a DP), e.g. LT 383223. (Please note that there must be a space after LT before the number.)
Click 'Search Now' to complete the search and then 'Add to Tree'.
Click once on the '+' next to the plan, then open 'Supporting Documents'. In the drop down list, you will see 'Territorial Authority (TA) Certificate'.
The TA e-certifications can be printed if required, at no cost.
If the particular TA e-certification is already attached to the survey dataset, it is not necessary to refer to this in your e-dealing to deposit the plan.
Regulatory News
Update on the Rules for Cadastral Survey
The Expert Committee met for the final time in November to complete their consideration of the submissions on the proposed Rules for Cadastral Survey. The Rules are now being updated to reflect those decisions and are expected to be released in the first quarter of 2009.
LINZ is currently planning the implementation of the new Rules, including an information programme for surveyors and changes to Landonline. The new Rules are likely to come into force late in 2009.
Surveyor-General Don Grant also provided an update on the new Rules for Cadastral Survey at the New Zealand Institute of Surveyors' conference in October. His presentation addressed the key decisions that have been made in response to the submissions.
See Don's presentation.
e-dealing specifications in New Zealand Gazette
As advised in the August edition of Landwrap, the Registrar-General of Land (RGL) has specified requirements for:
- statutory provisions to be complied with
- forms of electronic instruments, and
- evidence requirements for all classes of permissible electronic instruments.
The specification notice was published in a Supplement to the New Zealand Gazette on 26 September 2008 – No.144, pages 3925-3961.
The notice took effect on 29 September, replacing the requirements for retention of evidence, statutory requirements, and transfer, mortgage and discharge specifications, in the respective Gazettes dated 14 November 2002 – No.166, page 4175, and 20 March 2008 – No. 63, page 1809.
You can view the Gazette Supplement on this website, or on the Department of Internal Affairs' website.
Statutory requirements
The Gazette notice specifies, in tabular form, the statutory requirements that apply to each class of instrument listed.
When a practitioner gives a certification under section 164A(3)(c) of the Land Transfer Act 1952 and Regulation 12 of the Land Transfer Regulations 2002, the practitioner is certifying that each of the statutory provisions specified has been complied with, or does not apply, as the case may be.
Forms of electronic instruments
The Gazette notice specifies acceptable forms for the following electronic instruments:
- transfers, including mortgagee's power of sale
- easements and easement surrenders and variations
- mortgages and encumbrances, variations and changes of priority
- discharge instruments
- leases and licences to occupy, surrenders, and lease mergers and variations,
- transmissions
- caveats
- corrections or changes of name
- notices of claim under the Property (Relationships) Act 1976
- settlement and cancellation applications under the Joint Family Homes Act 1964
- applications to deposit plans and issue titles under the Unit Titles Act 1972, and
- esplanade strips, easements for access strips and amalgamation covenants under the Resource Management Act 1991.
The forms are available on this website.
Requirements for retention of evidence
Section 164C of the Land Transfer Act 1952 requires any practitioner giving a certification to retain evidence showing the truth of that certification.
Without limiting what may be considered adequate to show the truth of the certification, the practitioner may satisfy the obligation by keeping the evidence detailed in the table.
LINZS20002 Standard for verification of identity for registration under the Land Transfer Act 1952 sets out the minimum requirements for verifying identity for the purpose of registering land transactions.
A practitioner may discharge these obligations by conducting identity checks personally, or by delegating them to some other trusted person. In either case, the practitioner who provides the certification has responsibility for the adequacy of the identity verification.
In relation to legal capacity, the practitioner must take reasonable steps to assess that the person giving the authority was not a minor and was of sound mind, and document the basis for that assessment.
If the person giving authority was a corporate, the practitioner must be satisfied that the relevant constitution or rules have been complied with.
Where applicable, the RGL accepts the NZLS e-dealing Guidelines and associated Authority and Instruction form(s), as being an adequate means of satisfying the form of documentation in relation to each instrument.
Practitioners should ensure that their certification and signing process includes a check that all the necessary documentation showing the truth of their certifications is held.
Further guidance on the evidence retention and audit requirements is available on this website.
Changes to land registry office designations
As previously advised, LINZ is closing public counters in three of its five regional processing centres – Auckland, Wellington and Dunedin – from 23 February 2009. Limited counter services will remain available in the Hamilton and Christchurch processing centres for a small number of exceptions to electronic lodgement.
Designated land registry offices
In conjunction with the introduction of 100% e-lodgement, the number of LINZ processing centres designated as land registry offices has been reviewed.
By notice in the New Zealand Gazette (published on 27 November 2008, No. 182, page 4750), the Registrar-General of Land has designated the following processing centres as land registry offices for the purposes of section 47(1) of the Land Transfer Act 1952:
- North Auckland, South Auckland and Taranaki Land Registration Districts: Corner Victoria & Rostrevor Streets, (Private Bag 3028 or DX GX10 069), Hamilton 3240
- Gisborne, Hawke's Bay, Wellington, Nelson, Marlborough, Canterbury, Westland, Otago and Southland Land Registration Districts: Torrens House, 195 Hereford Street, (Private Bag 4721 or DX WP20 033), Christchurch 8140
This means that from 23 February 2009, manual lodgement of instruments for registration must be presented at the Christchurch and Hamilton processing centres by:
- hand at the public counter
- depositing the instrument in a secure facility provided for that purpose, or
- posting it to that office.
Public access to land records
The public will continue to be able to view records by appointment and will be able to order copies of land records online, or by fax or post. A poster and fact sheet explaining the new process are on display at all five processing centres leading up to 23 February. The fact sheet is also available on the LINZ website.
