Landwrap:

Did you have any initial reservations in 2006 when you were first aware of LINZ's intention to mandate electronic lodgement of all land title registrations?

Swan:

Thinking back, I did have a degree of trepidation. I'd had 30-odd years in traditional paper-based conveyancing and the prospect of converting to an electronic process was completely new to me. I had concerns about how it might impact on my clients and, from a professional indemnity viewpoint, as to how my liability might be affected by the change in the basis of doing transactions. I thought my comfort of having the paper right in front of me was going to disappear. So from a conceptual basis, I wasn't that enamoured.

Landwrap:

What were the biggest challenges your firm faced and how did you combat these? Did you receive enough support from LINZ during this period?

Swan:

I had returned to sole practice and felt somewhat nervous as to my ability to undertake electronic transactions. The communication process from LINZ was excellent. It was constant as I recall. We were drip-fed information and were able to go to the website and employ the training materials to assist in understanding. The seminars assisted with that drip-feed and raised the levels of confidence.

From a client and a cost perspective, the first transaction took me far too long and you cannot pass that learning experience on to the client. Quite early in the piece, I did a major rest home acquisition in Christchurch with unit titles and a range of fee simple titles as well, which was a big test because of the size of the transaction. We were purchasing the facility and had to establish the e-dealing. There was quite a bit of to’ing and fro’ing between the parties putting it together and it worked. With that transaction, and with other more traditional residential transactions, it's great to have the ability to deliver an immediate result to both the purchasing client and the mortgagees.

It was an evolutionary process with both residential and commercial conveyancing.

Landwrap:

Naena Jeram, John's Legal Assistant, found LINZ's ability to shadow a dealing particularly useful.

Jeram:

I didn't do any searching or e-dealing at my previous firm and was doing more of the paper side of the transactions. It was a bit daunting to come into the electronic environment as my previous firm mostly used search agents. Support from LINZ was really good. They logged on and helped me through the early transactions.

Swan:

The help line in particular was very useful. While I was on the phone, our IT person restored my password and I was reminded very firmly as to the need to keep that information confidential. I have not committed that sin again!

The audit and compliance review [conducted by LINZ] has also worked well. There was a defect in one of the documents and the compliance review assisted from the point of view of ensuring the accuracy of completing the A&I [Authority and Instruction] forms properly and provided a general reminder about my responsibilities under the system.

Landwrap:

Did the phased roll out of the new functionality appeal to you and help you to manage the changes to Landonline more easily?

Swan:

Yes. It was important that the functionality was introduced in achievable chunks. I have the necessary levels of confidence as the deadline for going paperless passes. I have come to grips with the scanning to introduce paper to the electronic system.

Landwrap:

Did you find the support tools helpful? Which ones in particular?

Swan:

Yes. Both the 0800 number and the online practice tools were especially useful in the introductory period. We also use the quick reference cards.

Landwrap:

What processes, if any, did you have to put in place in your firm to deal with the changes to Landonline?

Swan:

I now separate out A&Is rather than filing originals with the client file. I can keep an eye on the dealings that are entered into LINZ but are not completed. There's also a degree of reconciliation with LINZ invoices against individual client matters in the trust account.

Landwrap:

Did you have any internal training sessions with your staff?

Swan:

No internal training sessions, but both Naena and I attended the roadshows.

Landwrap:

Did you find the roadshows were tailored correctly to your profession and helped to answer questions you had?

Swan:

Yes. They were a bit long and drawn out but that's because you know some or most of it already. It must be difficult to cater to all the different levels of knowledge.

Landwrap:

Has your role changed with e-dealing?

Swan:

My transactional role hasn't changed. Still doing the same work, still have to see the clients, and undertake the background investigations. I explain the Landonline system to clients and it's interesting how quickly they accept it. There seems to be consumer acceptance of the method of transacting land electronically.

Landwrap:

What is your current view of Landonline?

Swan:

It's of acceptance really – don't know if I would say enjoyment! It's acceptance of the utility of method of achieving the end result. It works. There's certainty for all parties and the perception of risk no longer exists. I have also accepted my responsibility to the system. We had a case where we put the names in the wrong order – you have got to take care.

Landwrap:

What, if any, are the benefits of 100% e-lodgement to your profession and/or firm?

Swan:

The speed and certainty, especially in major transactions, particularly from a mortgagee's perspective. You now have the ability to sight the progress of the transaction electronically at any particular time in the process, which you never had with paper. You would have to wait for the paper to present itself or rely on a solicitor's undertakings as to the state of the documentation. The documentation would arrive after the event and often difficulties would arise.

Landwrap:

Do you have any issues with Landonline that have not yet been resolved?

Swan:

No.

Landwrap:

Although all e-capable instruments were mandated on 23 February, further enhancements and releases for Landonline will continue. What would you like to see improved about Landonline e-dealing?

Swan:

Nothing comes to mind at the moment but, as I understand it, the system will accommodate suggestions for improvement and new methodologies.

Landwrap:

Lastly, do you have any other comments you would like to make?

Swan:

I have been impressed with both the personnel and level of service provided by LINZ. The system has worked for me, not without incident but that was to be expected. I look forward to continuing to play a part.