Transmissions - statutory declarations and other issues
The introduction of transmissions to the electronic world has highlighted a need for clarification around the registration process, and documenting the retention requirements for transmissions.
The key issues are:
- requirement for a supporting statutory declaration, and
- correct entry of names.
Supporting statutory declaration
The practitioner certifying a transmission application must obtain – in addition to the client authority and instruction (A&I) – a statutory declaration from the applicant, describing the relevant event (e.g. death, bankruptcy) that brought about the transmission, and verifying that the applicant and no other person is entitled to be registered as proprietor in place of the existing owner.
The statutory declaration must refer to relevant documents evidencing the event (e.g. death certificate, probate or letters of administration, notice of bankruptcy in the Gazette).
Points to note:
- The statutory declaration is a long-standing evidentiary requirement for transmissions (the same applied in the paper environment - see s122(2) Land Transfer Act 1952).
- For a transmission lodged by e-dealing, the statutory declaration is a separate supporting document that must be retained with the client A&I form by the certifying practitioner (in the paper environment, the statutory declaration formed part of the transmission application that was lodged for registration).
- A statutory declaration form is available on this website for this purpose (the old-style paper transmission application that includes the declaration may also be used).
- A client A&I must also be obtained (in order to confirm authority and verify identity etc).
The Registrar-General of Land (RGL) specified these requirements in the NZ Gazette (pdf 1.63MB) when e-dealing transmissions were introduced. These documents will all need to be produced for compliance review, as detailed in the LINZ information sheet on RGL e-dealing Compliance Review (pdf 82KB).
Entry of names
The Registered Proprietor/Interest Holder section should record the person going off the title (e.g. the deceased).
The applicant section should record the person acquiring the title (e.g. the survivor or executor).
The following is a simple checklist to assist practitioners and legal staff with completing transmissions:
- A&I form(s) completed by the applicant(s):
- including photo ID - this provides evidence of client identity and authority for the application component of the transmission
- a copy of the former paper transmission form is not sufficient authority without the A&I as well.
- Statutory declaration of the applicant(s):
- examples of a statutory declaration form have been added to the e-dealing Release 3.1 instrument forms
- evidence of transmission
- Death Certificate, Probate/Letters of Administration, Certificate of Incorporation.
- Check the preparation of the transmission is correct:
- ensure the person going off the title (e.g. the deceased) is selected in the Registered Proprietor/Interest Holder section
- ensure the applicant is the person acquiring the title (i.e. executor or survivor, not the deceased or the beneficiaries of the will)
- ensure the person recorded on the A&I form and the applicant are the same.
- Use 'Display Resulting Ownership' button to confirm you have completed the correct details.
- Double check the details:
- who is the deceased
- who is alive, i.e. survivor or executor.
For a transmission where the survivor has also died, two transmissions will need to be created. For more information on this situation, and other transmission related articles, refer to:
- Determination of life estates (Landwrap March 2009)
- Transmission and the e-dealing environment (Landwrap April 2009)
- Transmissions on death of surviving joint tenant (Landwrap July 2009)
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