e-dealing watch points for practitioners
e-dealing watch points are continually being added to on this website.
Compliance review process
- Common compliance review issues updated - the recent compliance review process identified some common issues arising from the evidence retained/supplied for e-dealings by practitioners. For a list of common issues and suggested prevention methods, refer to Common compliance review issues on this website.
- Mortgagee instructions - conveyancing practitioners are sometimes not including the relevant mortgagee instructions for discharges and new mortgages when responding to LINZ compliance reviews.
To minimise the resulting follow-up required, firms should review their systems for retention of documentary evidence. LINZ recommends a file system that allows documentary evidence to be:
- retained altogether on the file as a complete set of documentation
- accessed easily by staff if a compliance review request is received, and
- retained for the 10 year statutory period.
Refer to article e-dealing – compliance review document storage for more information.
Notice of application for destruction or damage scheme under section 48 of the Unit Titles Act 1972
An application made to the High Court under section 48(1) of the Unit Titles Act 1972 for an Order to settle a scheme requires a notice of the application to be served on the Registrar-General of Land (RGL).
The RGL must not be named as a respondent to the application. His role under section 48 is limited to entering a notification of the application on the supplementary record sheet (SRS).
The means of giving notice is by an electronic lodgement as an Image Only instrument – code N48 – signed by the parties. An A&I form is not required.
Only the notice itself is required. Neither the Originating Application, nor the supporting documents are to be included.
There is no prescribed form, but a notice should include:
- the identifier of the relevant SRS (which also needs to be entered in the e-dealing)
- sufficient information to identify the unit(s) or other land to which the application relates
- the application number and relevant Court Registry
- the signature of the solicitor acting, or of some other person with legal authority to sign on behalf of the applicant.
The standard registration fee is payable.
Power of Attorney – what does LINZ require?
LINZ has received the following queries regarding the requirements for a Power of Attorney (PA):
- when should documentary evidence be held on file, and
- when must the PA be deposited with LINZ.
The requirements are:
- For Template instruments and Image Only Instruments Requiring Certifications (A&I required): a copy of the PA and the signed certificate of non-revocation should be held on file with the A&I. The PA does not have to be deposited with LINZ.
- For Image Only instruments to be signed by parties (no A&I required): if the instrument has been signed by an attorney, the PA must be deposited with LINZ and an image of the certificate of non-revocation must be included in the e-dealing as part of the instrument image. If this instrument is in the same e-dealing as another instrument that requires certifications and A&I forms, then the PA must still be deposited with LINZ.
Note that a PA cannot be presented to LINZ for deposit by e-dealing. It must be presented manually as a paper document.
For information on the legislative changes made in September 2008, refer to article Enduring Powers of Attorney – recent legislation changes (Landwrap, October 2008).
