Landonline News

Landwrap - Authoritative news and information for survey and titles customers

February 2012, Issue 85

Landonline News

1 Article

Category: Landonline News

Landonline release 3.7 is due to be implemented on 19 March 2012.

This is the first release Landonline customers have been able to participate in the prioritisation process using the Landonline enhancement Wiki. A number of items voted into the Top 10 enhancement lists have been included in the release.

For conveyancers:

  • Titles which have been identified as potentially having a status of Māori Land will be flagged at the search stage. This enhancement alerts users of flagged titles at the earliest possible stage in the conveyancing process.
  • Primary contacts will be able to access the Certify and Sign screen through a "View Signing" privilege. This will enable primary contacts to have read-only access to determine signing requirements and prepare any necessary supporting documentation for items that a conveyancing professional must certify for.
  • Additional validations will be run on corporate and individual name fields to reduce the incidence of common errors. This will improve data quality and provide more accurate matching when searching using the name fields. A&I forms will also display correct names as a result of the validations.

For surveyors and Territorial Authorities:

  • Attaching Supporting Documents
    Two changes will be made to the supporting documents screen:
    1. The User ID field will auto-populate.
    2. A new screen to allow surveyors and Territorial Authorities to manage supporting documents by adding or editing single or multiple documents has been included.

For surveyors:

  • Renewing Geodetic Marks
    A warning will display if a user tries to renew a geodetic mark. Marks with order 1-5 can only be renewed by LINZ. For lower order marks a warning will also be displayed however the renewal process can proceed. For changes to order 1 to 5 marks please contact crm_geodetic@linz.govt.nz.

Full release notes will be available on the Landonline website prior to the release date.

We will remind all Landonline users of the closedown dates prior to the release.

Back to top

Titles News

Category: Titles News

Landonline release 3.7 is due to be implemented on 19 March 2012.

This is the first release Landonline customers have been able to participate in the prioritisation process using the Landonline enhancement Wiki. A number of items voted into the Top 10 enhancement lists have been included in the release.

For conveyancers:

  • Titles which have been identified as potentially having a status of Māori Land will be flagged at the search stage. This enhancement alerts users of flagged titles at the earliest possible stage in the conveyancing process.
  • Primary contacts will be able to access the Certify and Sign screen through a "View Signing" privilege. This will enable primary contacts to have read-only access to determine signing requirements and prepare any necessary supporting documentation for items that a conveyancing professional must certify for.
  • Additional validations will be run on corporate and individual name fields to reduce the incidence of common errors. This will improve data quality and provide more accurate matching when searching using the name fields. A&I forms will also display correct names as a result of the validations.

Full release notes will be available on the Landonline website prior to the release date.

We will remind all Landonline users of the closedown dates prior to the release.

Back to top
Category: Titles News

1. Background

As LINZ is receiving now receiving more dealings under the new Unit Titles regime, a number of questions have arisen in connection with notices of changes to body corporate operational rules or early adoption of the implied operational rules:

  • Can the adoption of implied rules be notified to the Registrar?
  • What Form should be used for notification?
  • How should notices for change of rules and early adoption of the implied rules be signed and witnessed? This issue is relevant to all notices relating to changes of rules not just adoptions.

2. Notice of Early Adoption of body corporate implied rules

An existing body (one created prior to 20 June 2011) retains its old rules (created expressly or impliedly under the Unit Titles Act 1972 [the old Act]). The old rules continue automatically until 30 September 2012 by virtue of s220 of the new Act. From 1 October 2012 the new implied rules (Schedule 1 of the regulations) automatically apply (s220 new Act).

A body corporate may however elect to adopt the new implied rules (with or without modification) earlier than 1 October 2012. This may be done by special resolution under s221.

Early adoption of implied rules without modifications – Form 14

Although the Act does not specifically provide a form for notification of early adoption without modification, Form 14 (Schedule 2 of the Regulations) may be adapted for this purpose. It must include:

  • execution by the body corporate
  • a recital stating that the adoption was pursuant to a special body corporate resolution
  • a clear statement that the rules being adopted are those in Schedule 1 to the Regulations

Early adoption of implied rules with modifications – Form 15

Early adoption of the implied rules with modifications would fall within the ambit of sections 105(2) and 106 of the Act. In this case Form 15 should be used and should include a recital that the adoption and modification are pursuant to a special resolution by the body corporate.

3. Execution by the body corporate of notice under sections 105-106

There has been some debate over whether or not reg.17 of the Regulations governs the mode of execution by the body corporate. This debate has extended to the witnessing of execution as well. Amongst other things reg.17 deals with obligations entered into by the body corporate. Regulation 17(6) defines an obligation as a contract or other enforceable obligation.

Whilst the adoption of rules (or changes to rules) may not amount to a contractual arrangement it would seem to create an obligation that is capable of enforcement particularly as amending, revoking or adding to the implied rules has no effect until notified [s 106(3)(b)]. Therefore it can be strongly argued that reg.17 is applicable to notices under ss105-106.

Regulation 17(4) provides for execution by the chairperson of the body corporate or by the chairperson of the body corporate committee (if such a committee has been set up and the power to execute has not been withheld - see ss108-109 and reg.11).

It does not appear that there is any scope for the power to execute to be sub-delegated to any other person [see ss108 and s109(2)] or contracted out to any other person.

4. Witnesses to execution by body corporate of notice

Regulation 17(4) provides for different sorts of witness depending on whether or not a committee has been elected and the number of members of the body corporate.

Forms 14 and 15 both contemplate that their execution will be witnessed so any such notification must be executed and witnessed in accordance with reg.17.
 

Back to top

Survey News

3 Articles

Category: Survey News

Surveyors are reminded that a new Cross Lease CSD must not identify an area of land as ‘Common Area’ or similar. Where land not subject to the lease is to be identified, an appellation in the form 'Area [letter which may be followed by another letter]’ is to be used – refer Rule 5.5 and p.118 of the Interpretation guide to Rules for Cadastral Survey 2010.

Back to top
Category: Survey News

LINZ has published a revised version of the Guideline for Rules for Cadastral Survey (Canterbury Earthquake) 2010.

In the revised version of the Guideline:

  • information has been added relating to connection to unproven marks, capture in Landonline, and reporting on these marks
  • advice relating to the interpretation of rule 6 of the RCSCE2010 for Category Five (localised surface movement due to liquefaction) boundaries has been expanded
  • the expiry date has been linked to the date of expiry of the RCSCE2010.

Significant changes from previous versions are noted in the Corrections and Amendments table on page 2 of the revised Guideline.
 

Back to top
Category: Survey News

Landonline release 3.7 is due to be implemented on 19 March 2012.

This is the first release Landonline customers have been able to participate in the prioritisation process using the Landonline enhancement Wiki. A number of items voted into the Top 10 enhancement lists have been included in the release.

For surveyors:

  • Attaching Supporting Documents
    Two changes will be made to the supporting documents screen:
    1. The User ID field will auto-populate.
    2. A new screen to allow surveyors and Territorial Authorities to manage supporting documents by adding or editing single or multiple documents has been included.
  • Renewing Geodetic Marks
    A warning will display if a user tries to renew a geodetic mark. Marks with order 1-5 can only be renewed by LINZ. For lower order marks a warning will also be displayed however the renewal process can proceed. For changes to order 1 to 5 marks please contact crm_geodetic@linz.govt.nz.

Full release notes will be available on the Landonline website prior to the release date.

We will remind all Landonline users of the closedown dates prior to the release.

Back to top

TA News

1 Article

Category: TA News

Landonline release 3.7 is due to be implemented on 19 March 2012.

This is the first release Landonline customers have been able to participate in the prioritisation process using the Landonline enhancement Wiki. A number of items voted into the Top 10 enhancement lists have been included in the release.

For Territorial Authorities:

  • Attaching Supporting Documents
    Two changes will be made to the supporting documents screen:
    1. The User ID field will auto-populate.
    2. A new screen to allow surveyors and Territorial Authorities to manage supporting documents by adding or editing single or multiple documents has been included.

Full release notes will be available on the Landonline website prior to the release date.

We will remind all Landonline users of the closedown dates prior to the release.

Back to top