LINZ News

News

May figures for electronic lodgements

• A total of 1,250 law firms out of a possible 1,422 lodged an e-dealing in May. Seventy four of those firms lodging were first time users.
• The e-dealing share of total mortgages and transfers (discharges are now mandatory) sat at 74.2% in May (up 7.9 percentage points from April).
• A total of 192 survey firms out of a possible 343 lodged an e-survey in May. Five of those firms lodging were first time users.
• The e-survey share of total survey lodgements was 70.9% for May (up 1.9 percentage points from April).

Landonline

New product and service fees from 1 September 2007

As advised in April's Landwrap, proposed new fees for survey, title, search and e-certification products and services are expected to come into effect on 1 September 2007.

Information on the new product and service fees will be available on the Landonline website and also sent directly to Landonline customers in July for early notification. The change in legislation will occur in August 2007 and be officially gazetted immediately thereafter.

Landonline 2.9 Release update

Release 2.9 was successfully implemented on 11 June 2007. The Release process went smoothly with very few issues being encountered. Post Release 2.9 issues identified to date include:

• Invoicing - changes to the fees report not being reflected on invoices (see Known Issues)
• Fees Report (e-dealing) - not able to search on a single client reference when more than one has been entered for a dealing (see Known Issues), and
• e-dealing - registered proprietors appear several times in a mortgage over titles with multiple estates.

Fixes for these issues are scheduled to be completed by the end of June.

Meanwhile, we are continuing to analyse the database outages that were experienced during the week of 11 June 2007, post Release 2.9.

It is important to note that this specific database outage issue had been experienced prior to Release 2.9 (once in August 2006 and again in March 2007). Its occurrence increased with Release 2.9, which was not anticipated. We have successfully minimised these outages having since made changes.

We will continue to provide updates on our progress to resolving the issue.

Landonline Performance Taskforce – phase two update

In the March 2007 issue of Landwrap, we gave you an update on the progress the Performance Taskforce had made in improving the overall performance of Landonline.

Landonline performance and stability remains LINZ's top priority. We said the Taskforce would continue for the next three months (phase two), specifically focusing on:

• continuing and completing the infrastructure review
• improving the connectivity and stability of the Landonline system and performance
• business improvements based on best practice, and
• ensuring the capacity and performance of Landonline is continuously maximised.

Over the past three months, the Taskforce has undertaken a number of initiatives to achieve this, which are outlined below. While some of this content is technical, it gives insight into the range and depth of work that has been undertaken to improve Landonline's performance now and in the future. We will give you a final update of our progress in the September 2007 issue of Landwrap.

You can read about previously completed activities (i.e. prior to March 2007) in the March 2007 issue of Landwrap.

Getting the best from your screen

Like many other modern applications, viewing the Landonline application fully and correctly on all screens requires your screen resolution to be set at 1024 x 768.

Why 1024 x 768 is recommended

As Landonline's functionality continues to increase, more use is being made of all the space available on the application screens.

By setting your screen resolution to 1024 x 768, you will be able to use all functions on each screen more easily and efficiently. Below you will see a full-screen image if your computer is set at 1024 x 768:

If it is not possible to change your screen to 1024 x 768, you will still be able to view and use the application at a lower resolution but you will need to use the scroll bars to access all fields on the screen. The same screen is shown below with the screen resolution set at 800 x 600:

Detailed instructions on how to check or re-set your screen resolution to 1024 x 768 are available in the Technical section on the Landonline website.

Regulatory

New ruling for the representation of movable marginal strips in CSDs

The Surveyor-General has issued a new Ruling for the representation of movable marginal strips when they are included in cadastral survey datasets (CSDs).

Marginal strips are strips of land, usually 20 metres wide, which extend along and abut landward margins of the foreshore and the beds of other water bodies that meet certain minimum size requirements. The strips are created when the Crown disposes of land. Marginal strips reserved since 10 April 1990 are 'movable' in that they adjust to any movement of the adjoining water body. Size requirements and other characteristics of the strips are specified in Part IVA of the Conservation Act 1987.

Public concern has created a need to improve the method of recording movable marginal strips and the Surveyor-General has issued a Ruling for this purpose.

The Ruling is intended for use by licensed cadastral surveyors when depicting movable marginal strips in CSDs lodged with LINZ. Movable marginal strips do not have to be represented in a CSD, but a government department or agency that is disposing of land is expected to ask their surveyor to do this from 1 July 2007. The Surveyor-General's new Ruling must be complied with in this situation.

If a movable marginal strip is to be represented in a CSD, it must be depicted as a parcel. However, it must not be a primary parcel; the current method of including the land associated with the movable marginal strip in the associated primary parcel is to continue.

The new Ruling can be viewed and downloaded from the LINZ website.

If a marginal strip is to be represented in a CSD, it must be captured as a tertiary parcel. Particular requirements for capturing marginal strip parcels with e-survey are detailed on the Landonline website.

Cadastral Survey Guidelines update

The Cadastral Survey Guidelines (e-survey and hardcopy) were last reviewed in 2004 and parts of these documents are now considered out of date.

The Guidelines, however, still contain a great deal of useful material that surveyors can refer to, providing they exercise caution and professional judgement. Therefore, rather than cancelling and withdrawing the Guidelines immediately, we have added a watermark and footer to each chapter to indicate that they have not been updated since 2004 or earlier.

The Guidelines for hardcopy plans will cease to be relevant following the introduction of 100% e-survey on 1 September 2007. These will be archived and will remain available as historical documents. The e-survey Guidelines relate to the Surveyor-General's Rules for Cadastral Survey 2002/2, which are under review. The e-survey Guidelines will no longer accurately match the requirements in the new Rules and will also be archived as historical documents. Some new explanatory documents are likely to be needed to clarify the requirements of those Rules.

Much of the content of the current Guidelines relates to survey practice rather than LINZ requirements. LINZ considers that survey practice is best defined and promulgated by survey practitioners through their professional bodies. To this end, the content of the current Guidelines has been offered to the New Zealand Institute of Surveyors and the Institute of Cadastral Surveying to use for their publications as they see fit.

You can access the Guidelines from the Surveyors section on the LINZ website.

Have your say on LINZ's standards and guidelines

LINZ has changed the way that the Registrar-General of Land (RGL) and the Surveyor-General (SG) issue standards and guidelines that cover various aspects of the survey and title systems.

Standards aim to set compliance requirements for successful survey and title applications and dealings. Often the standard is set by, or developed pursuant to, the provisions of the relevant legislation.

Guidelines usually expand on content in standards by providing guidance on the application of the standards.

LINZ's focus is on light-handed and more transparent regulation so that LINZ need only intervene 'as little as possible, but as much as necessary'. An integral part of this is a complete and ongoing review of the relevance and consistency of all LINZ's standards and guidelines.

The process adopted for that review includes discussion by a committee of experts drawn from LINZ, the appropriate professional body and individual members of the relevant profession. This process applies to all LINZ regulatory areas, not only those of the RGL and SG, but also Crown Property, Hydrography, Topography and Valuation.

Survey and title standards and guidelines are currently located on the LINZ website.

Following the expert committee deliberation, the draft documents will be available in the 'consulting on' section on the LINZ website for public consultation.

Have your say

You can have your say by downloading the draft document(s) and a submission form from the website and following the instructions provided.

Closing dates for submissions are:

Keep a look out for other documents on the LINZ website as they become available for public comment.

e-survey

NZIS branch meetings

Giving surveyors the opportunity to ask questions and discuss e-survey face to face with LINZ representatives is the key objective for the visits to NZIS branch meetings currently happening around the country.

To help surveyors prepare for 1 September, we are updating surveyors on LINZ's work programme, the latest e-survey uptake figures, and answering questions about e-survey and Landonline.

So far, LINZ has been to eight branch meetings and feedback has mainly been positive.

Kevin Taylor of Survey Gisborne Ltd attended the Gisborne branch meeting in May and agreed that the discussion period was most beneficial. "It allowed me to talk directly with LINZ members about the performance and stability of Landonline", said Kevin.

Debbie Hallam of Latitude Surveying Ltd attended the Tauranga branch meeting in May. Debbie said "I think LINZ staff meeting face to face with our members and being there to respond to our questions is great."

Sharon Cottrell, LINZ's General Manager of Customer Services said "it's important for us to ensure that surveyors are fully prepared for 1 September, which is why our attendance at these meetings is essential". Some of the topics raised by surveyors to date include the amount of information that needs to be included on plans and whether some plans are better presented than others.

"It was helpful to be able to let surveyors know we are looking at providing 'how to' information on natural boundaries and working in non-SDC (survey data capture) areas to help work around the data entry issues some people have experienced," said Sharon.

Surveyors also asked how to make suggestions to improve e-survey. LINZ always welcomes feedback to ensure the application meets customer's needs. Suggestions for improvements can be raised with LINZ in writing by emailing info@linz.govt.nz or by calling Customer Support on 0800 665 463 and these are passed on to the Prioritisation Panel. NZIS branch meetings are therefore an excellent forum to give weight to ideas put forward by surveyors.

Forthcoming branch meetings are:

* date to be confirmed

LINZ representatives will be attending all these branch meetings so come along if you can and raise any issues that will help you prepare for 1 September.

e-survey web forum reaches milestone

The e-survey web forum reached a milestone in May with over 100 surveyors now registered.

Under the main topics, surveyors have been posting threads such as adopting existing boundary information, appellation labels automatically shifting, and working with dual computer screens.

Check out these threads and join in the conversation with your peers in the e-survey web forum.

New e-survey tips, hints and FAQs

The e-survey Tips, Hints and FAQs on the Landonline website are continually being refined and added to.

Moving the Parcel label in plan generation

When new parcels are linked at Capture, the System Generated Parcel labels are placed at the geometric centre of a parcel. Where parcels are of an irregular nature or have long and narrow access ways, the placement of the label may be within the narrow access way rather than central to the main body of the parcel as might be expected.

Occasionally, however, surveyors may want to move System Generated Parcel labels to more aesthetic positions within a parcel. While this is entirely acceptable, there are procedures that must be adhered to. The labels within the Spatial View at Capture and the Layout Plan sheets must be kept in coincidence to avoid major displacement at Submit. See the instructions on how to move a Parcel label in plan generation.

Creating online TA e-certificates

(Source: Ralph Winmill, Winmill e-survey Services Ltd)

There's an easy way for surveyors to create online TA e-certificates. Instead of printing the Digital Title Plan, preparing the TA Certificate template manually and posting the documents to the TA, the easy way is to create online TA e-certificates. To do this, select the TA Certificate tab on the e-survey Manage Survey Transaction screen, then:

1. Click the Certification Required field
2. Select the Certificates to be signed
3. Add them to a Package
4. Complete the required fields for each Certificate
5. Click the Tab button on your keyboard and read the Certificate preview
6. Add the TA's Resource Consent reference to the correct field (note that TAs do not initially have the survey number in their systems so it is important to enter the TA's reference)
7. Click the Notify field and the Notify TA button.

A designated officer in the TA will receive an email advising them that the surveyor has electronically requested online certification of a survey. A member of the Resource Consents team will be assigned the job and complete the Compliance process, certify the Certificate(s) and sign the Package(s).

The surveyor will then receive an email advising that the Certificates have been completed and the Certificate can be viewed as a Supporting Document of the e-survey dataset.

Boundary marking

(Source: Ralph Winmill, Winmill e-survey Services Ltd)

Boundary Marks should be placed at least at one end – but preferably at both ends – of an intersecting boundary at each end of a recalculated line.

Take care to ensure good accuracy and presentation of the Boundary Marks i.e. to ensure they can be clearly identified as depicting a boundary position, they should be straight and pointing the correct way.

In most urban surveys, it is good practise to define all of the boundaries of the Lots. If a traverse mark is occupied, which has previously placed boundary marks, it is also good practise to look for the boundary monuments and replace them if they are in poor condition. Re-measuring the pegging tie also helps to strengthen the definition.

Check the measurements in the field and show them as being checked.

(Also see Boundary Marking on the e-survey Tips & Hints page.)

Are you using the e-survey tools and tips?

There is a wealth of self-help information on the Landonline website to assist surveyors complete an e-survey.

The e-survey Tips, Hints & Training Tools section includes links to the full online e-survey user guide, quick reference cards, quick links and training tools. The comprehensive Landonline Education Centre can be accessed by searching any topic.

e-dealing

e-dealing step by step

The e-dealing Practise Tool has been revamped with a fresh new look.

As the number of e-capable instruments increase on the journey to 100% e-lodgement our e-dealing Practise Tool will continue to be an invaluable resource with which to learn, practise and refresh your knowledge, and for new staff in your firm to learn about e-dealing.

The aim is to help you gain familiarity and confidence with e-dealing by enabling you to practise within a safe replica of the Landonline environment.

The tool takes customers through the five steps of a transaction:

1. Create an e-dealing
2. Prepare an instrument
3. Certify and sign
4. Settle and release
5. Submit an e-dealing

If you are using e-dealing for the very first time then try the walk through where you will be led through the process step by step. If, however, you want a more interactive test of your knowledge, then use the practise where it's up to you to enter the information but the tool helps by letting you know if you make a mistake.

This tool is best viewed in the larger screen resolution of 1024 x 768. If you need to change your screen resolution, go to Landonline Technical Information and follow the simple steps. You will also need Macromedia Flash 7 to use this tool, which can be downloaded from the e-dealing Practise Tool page.

The e-dealing Practise Tool is just one of a number of support resources LINZ has available. Other support tools include:

• Landonline release updates
• Quick reference cards
• Online wizards
• Online Help tool (F1)
• User guides

e-dealing watch points for practitioners

Conveyancing firms are making great use of e-dealing and, on the whole, transactions are being completed without a hitch. Now and then, however, issues arise that practitioners need to look out for.

You will find these and links to other e-dealing related articles in the e-dealing related information section of the Landonline website.

Mortgagee sale transfers

In a recent case involving a mortgagee sale, a conveyancer made the mistake of discharging the empowering mortgage, via the e-dealing system, prior to lodging the Power of Sale Transfer. In this situation, a discharge is not required and should not in fact be registered as it undermines the transfer. The legal basis for effecting a mortgagee sale arises from the mortgage. A discharge of that mortgage removes the right to register the Power of Sale Transfer and leaves the mortgagee (and LINZ) with no legal authority to register the transfer. Due to the additional statutory recitals required in the Power of Sale Transfer, it must be done by paper pending an electronic option in 2008.

If a mortgagee's Power of Sale has been exercised, the relevant transfer should simply be lodged for registration. Upon registration, the transfer will operate to remove the empowering mortgage from the title, without the need for any discharge documentation, as provided in section 105 of the Land Transfer Act 1952.

Expired leases

When dealing with an expired lease that is to be extended or renewed, the extension or renewal should be registered before any other action is taken on that lease.

A caveator's consent

Where a caveat is lodged prior to the submission of an e-dealing, the Landonline system will provide the conveyancer with the option of certifying that they have the caveator's consent to allow registration of the dealing. If consent has been obtained and the relevant supporting documentation is held, it is appropriate to make that certification and that will allow registration of the e-dealing. In these circumstances, the dealing is registered subject to the rights of the caveator as provided in section 147A of the Land Transfer Act 1952.

If, however, consent has not been obtained, the conveyancer will either need to take steps to obtain consent or otherwise have the caveat removed in order to allow registration of the dealing.

It should be noted that obtaining a Guaranteed Search or pre-validating a dealing will not prevent the subsequent lodgement of the caveat. Conveyancers should be aware of the possibility of an intervening caveat or other stop notice and deal with that appropriately just as they would in a paper system.

Withdrawal of caveat

A common problem arises when acting for a purchaser and the vendor has not prepared the withdrawal of caveat. The purchaser's transfer and mortgage contains the certification that the caveator's consent is held but it is in fact the vendor who should be registering a withdrawal of caveat. The vendor must prepare and save the withdrawal of caveat in order for the consent certification to be removed from the certification requirements for the purchaser's documents.

Territorial Authorities

TA e-certification update and Manukau City Council case study

As at the end of May, 37 Territorial Authorities (TAs) have TA e-certification licences.

Of all surveys lodged, 57% are able to be certified by these TAs.

LINZ has been focussing on helping other TAs get set up in Landonline and 10 new TAs are either being trained or are preparing their systems and business practices for TA e-certification.

Manukau City Council – an early adopter of TA e-certification

Manukau City Council was one of the first councils in the country to take up TA e-certification, certifying their first cadastral survey plan in 2004. With a population of more than 330,000, Manukau City is the third largest and one of fastest growing cities in New Zealand. On average, Manukau City receives 40 survey plans a month. All plans received via e-survey are certified online, which amounts to approximately 60% of total plans received.

The decision to take up e-certification was initiated by the Team Leader of the Resource Compliance section who saw the inevitability of electronic survey plans and decided to "get in early".

Setting up in Landonline took Manukau City about a month and was relatively straightforward. Users downloaded their Digital Certificates directly to their C drives on PCs thus avoiding having to load them onto the network.

When Manukau City changed to a citrix server system with locked off C drives, however, adjustments were required to accommodate the Digital Certificate software. The software was taken off the PCs and transferred to the network. As a result, Landonline users can only access their Digital Certificates from their own PCs. The council found that the system ran much better for them in an XP environment.

TA e-certification didn't cause Manukau City to change their certifying delegations. The main change – and benefit – in their process was to reduce the administration steps required with paper plans. Manukau City has found that e-certification speeds up cadastral survey plan processing, especially as applications do not need to go through the mail and administration systems.

Once plans are certified, Manukau City keeps them in paper form until the 224 certificate is issued. After that, they are scanned into the council's system. Manukau City Council's process for RMA survey plan approval and process flow chart for supporting documents can be viewed or downloaded from the TA e-certification business implementation tips section on the Landonline website.

Landwrap

Landwrap is the authoritative news and information source for survey and title customers.

We welcome feedback on the contents. Please use the Contact Us page on the Landonline website.

If you wish to subscribe or unsubscribe to Landwrap, you can do so here.