Landwrap May 2009 - e-dealing

May 2009 - Issue 56
Landwrap - Authoritative news and information for survey and titles customers
  • Landonline & Regulatory News
  • e-dealing News
  • e survey News
  • ta ecertification News

Who is your System Manager?

Does your firm have a current System Manger for Landonline? If you're not sure, you can check with your firm’s Trusted Contact, or call our Customer Support team on 0800 665 463.

Release 3.2 has given additional tasks to the System Manager within a conveyancing firm. To take advantage of the new functionality, your firm needs to have one staff member nominated to this role.

New functionality introduced in Release 3.2 gives the System Manager the ability to manage:

  • Titles related requests - allocate the Withdraw Dealing privilege. If the firm System Manager has not allocated this privilege, you will not be able to send a request to withdraw a dealing or instrument.
  • Mortgagee Quick Codes - set up mortgagee quick codes unique for your firm.

Other System Manager tasks:

  • Change firm contact details
  • Change firm details for a User
    • update firm details for a specific user
    • change the branch office of a firm
    • specify if the user is a contractor
    • change default licence assigned to the user
  • Allocating and/or removing a user's privileges
  • Creating privilege groups
  • Generating licence usage reports

For those firms who do not have an elected System Manager, you need to select a staff member for this role as soon as possible. Please note this role can only be performed by one person.

Once a staff member has been nominated, the Change Individual Details web form needs to be completed to request LINZ to add the user as the System Manager. Ensure you select 'System Manager' in the 'Roles' box.

Important note:  When completing the Change Individual Details web form, current Digital Certificate holders are not required to complete the requested documentation.

For more information on tasks a System Manager may perform, please see Section D - System Management in the e-dealing Quick Reference Cards.

For any queries please contact our Customer Support team on 0800 665 463.

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Transfer of land to be held for a purpose

When land is transferred to the Crown, it will ordinarily be held or administered for a particular statutory purpose. To ensure such details are properly recorded in Landonline, it is essential a statement of that purpose be included in the transfer details in the appropriate manner. Land that is transferred to the Crown pursuant to the Public Works Act 1981, for example, should include a statement of the public work for which it is held.

Depending on the requirements of the authorising statute, this may also trigger further action by LINZ. For example, where land is transferred to the Crown for the purposes of the Land Act 1948, this may result in cancellation of the corresponding computer register pursuant to section 42, subject to certain exceptions (see s42(4)).

Land may also be transferred to a local authority for a particular statutory purpose.

Practitioners acting on behalf of a crown agency or local authority in such matters should therefore seek full client instructions on these aspects, and must ensure the correct purpose statement or designation is included in the transfer details submitted to LINZ.

Note that purpose statements should not otherwise to be included in transfers unless there is specific statutory authority for doing so. For example, references to family trusts in the case of privately-owned land are strictly prohibited (see section 128 Land Transfer Act 1952).

LINZ actively monitors these requirements and will seek clarification if they are not properly addressed.

How to include purpose details in a transfer

Practitioners must therefore address these issues and include the relevant purpose information when submitting transfers of land to the Crown or a local authority.

The following example demonstrates how you should enter purpose details when preparing an e-dealing transfer.

Example: Transfer of land to Her Majesty the Queen for scenic reserve purposes

  1. Open the Prepare Transfer screen from either Workspace or Create Dealing.
  2. Select Part of Land/Complex mode.
    Prepare transfer screen, selecting the part of land/complex radio button.
  3. Check the box in the Transferor column to indicate who is affected.
  4. Click Display Transferor to check the affected Transferor(s) details.
  5. Select the type of proprietorship for the Transferee, this example uses the default Sole or Joint Tenants.
  6. In the Transferees area in the Corporate Name field, enter Her Majesty the Queen only.

    Note: Only enter the name in the Corporate Name field, any extra details should be entered using the Add Text button.
    Prepare transfer screen with various fields indicated.
  7. Click Display Transferee to see the new proprietor details.
  8. Click Add Text.
    Add text window.
    In the Add Text pop up box, enter details about the purpose in the free text field 'Additional Clauses, Conditions or Intent'.
  9. Click OK to close the Add Text screen.
  10. Click Preview to display the details that you added to the Add Text screen.

Note: The same process should be used for land transferred to Her Majesty the Queen as Crown Land subject to the Land Act 1948.

It is essential to use the 'Add Text' functionality to record the purpose, so that the dealing will step down to LODGE and LINZ can update the register to record the purpose and carry out other actions as appropriate.

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Changes of name in the e-dealing environment

When a client has transacted in a new or corrected name, conveyancing practitioners must register the change or correction of name.

  1. Registering a change or correction of name

    When the client's name is misspelt on the register for some reason other than a LINZ recording error (e.g. an error in a previous instrument), or the client has changed their name from the name shown on the register (e.g. by marriage, or by resolution recorded with the Companies Office), and the client is staying on the register, then their practitioner must lodge an application for change or correction of name before the client's next transaction(s).

    Landonline Release 3.1 introduced a template for applications for change or correction of name, which can be lodged by e-dealing in the same circumstances as applications were lodged in the paper registration system.

    The application for change or correction of name must be supported by a client A&I form and supporting documentation as set out in LINZG20704 Guideline for making application to change or correct names on the register.

  2. Client disposing of land

    If a proprietor or mortgagee with a misspelt name is going off the register by an e-dealing (e.g. by transfer or by discharge of mortgage) then this can be done without having to correct the name on the register. The Authority and Instruction (A&I) should be signed in the correct name. Supporting documentation as set out in LINZG20704 Guideline for making application to change or correct names on the register should be held with the A&I.

  3. LINZ recording errors

    If the client's name has been misspelt on the register by a LINZ recording error, you can make a request to LINZ to have the name corrected on the register.

  4. Updates to previously published advice

    This article supersedes the advice previously published in the article Correcting names in the Land Titles Register in the July 2007 edition of Landwrap.

    Relevant e-dealing Client A&I form FAQs have been updated.

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