How it works - The benefits - How e-dealing compares with the manual system - Getting started - How e-dealing affects your business - What physical evidence remains? - How reliable is Landonline - What if Landonline is interrupted - How mistakes are dealt with - Are firms audited - Improvements Landonline e-dealing enables lawyers, conveyancers and other land professionals to prepare and lodge routine conveyancing dealings online via their own PC. Approximately 70% of all conveyancing transactions can be done using e-dealing. These online transactions include registration of discharges, transfers and mortgages, with lodgement providing instantaneous registration. There is no need to provide any paperwork to LINZ to register these dealings.
As 100% electronic lodgement is phased in, the following titles transactions can only be lodged with LINZ electronically from the dates shown below.
| Discharges | 1 May 2007 |
|---|---|
| All Transfer & Mortgage types currently e-dealing capable | 1 August 2007 |
| All remaining Title transactions | 1 July 2008 |
During the phase-in period for 100% electronic lodgement, LINZ will enhance Landonline e-dealing functionality to bring the remaining titles transaction types online, enabling all titles transactions to be lodged electronically and more instrument types to be automatically registrable (e.g. multiple transfers and mortgages).
More: 100% e-lodgement info for conveyancing professionals.
How it works
e-dealing contains a range of screens that you use to fill in transaction details. e-dealing also works smartly by automatically inserting details - for example, the name of the registered proprietor - directly from the titles register. There is an automated tool which can check your dealing details ensuring it meets the guidelines and regulations before you lodge it with LINZ.
The benefits
e-dealing offers: -
- Instantaneous registration - enabling you as an authorised user to update the land titles register directly and instantly, without waiting for LINZ to process documentation manually
- Shorter file lifecycle - a second attendance to your file to report to the client and mortgagee after registration is no longer required - this is all done on the day of settlement. Less correspondence is required and paperwork only has to be touched once. Electronic lodgement can save you up to 3 weeks in comparison to manual lodgement
- No lodgement forms - e-dealing does not require you to complete any paper lodgement forms, simplifying the process and saving your firm time
- Pre-validation - a pre-validation tool significantly reduces error rates by having the e-dealing validated before it is lodged with LINZ
- Significantly fewer rejections - Most reasons for rejections in the paper environment will be eliminated when dealings are submitted online. e-dealing eliminates the three most common reasons for rejection:
- not dated - e-dealing instruments are automatically dated
- not signed correctly - e-dealing instruments cannot be submitted without digital signing
- not witnessed correctly - digital signing eliminates the witness requirement
- No need for practising solicitor to attend the file on settlement day - e-dealing can be certified and signed prior to settlement date. They can also be re-certified and signed to reflect any last minute changes that may be required. As long as the e-dealing has been certified and signed by the nominated conveyancer, the e-dealing can be submitted on settlement day by support staff
- Reduced Fees - fees for Landonline lodgements are lower than those for manual dealings
- Automatic fee calculator eliminates errors in fee calculation - fees calculation is displayed before submitting if required
- Improved Security - Landonline's security features and automated checks and balances improve document security
- Simplified reconciliation of disbursements - the LINZ credit account and electronic invoicing ensure prompt, error-free costs reconciliation
- Overall efficiency gains - customers say that e-dealing has the potential to save them money in staff costs and offers a competitive edge in a price sensitive but vital market for the law community.
How e-dealing compares with the manual system
e-dealing mirrors the manual process. It has been designed in components, so that you can allocate each step of the process to the most appropriate staff within your firm. There is only one stage in the process that must be completed by a solicitor with a current practising certificate - certifying and signing e-dealings. All other components can be undertaken by your support staff.
For example:
- Create and Prepare an e-dealing - this part of your e-dealing can be done by your Legal Executive or support staff
- Certify and Sign - this part of your e-dealing must be undertaken by the lawyer or conveyancer nominated on the Authority and Instruction form - this process takes approximately 3-5 minutes and can be done prior to settlement date
- Release - on the day of settlement, the instruments within the e-dealing can be released by your legal executive or support person
- Submit - once settlement has been completed, your legal executive or support staff can submit the e-dealing to LINZ for instant registration.
Getting started
New users will receive a welcome pack containing full details of the training tools, support services, reference and technical help material available.
Existing e-dealing customers tell us that e-dealing is quite easy to learn. However, you and your firm's users will need to set some time aside to practise using its tools and familiarise yourself with the process. Competent users tell us that they can complete an e-dealing in under 10 minutes.
New users faced a similar learning curve when Landonline e-search was introduced - but these same users are now breezing through the system with 97% of all searches being done online.
Many firms have found that the best approach is to allocate one member of your firm to champion e-dealing and prepare any workflow or documentation changes that are required. They can then assist other members of the firm to learn what they need to know and provide on-the-spot guidance, if required.
The New Zealand Law Society publish Guidelines for the Use of Landonline for an Electronic Transaction to support their members' use of e-dealing.
How e-dealing affects your business
When you integrate e-dealing into your business, you need to start thinking electronically:
- More of the work will be done at the PC, including liaising with other parties
- You may need to upgrade your computer operating system to access Landonline - more detail on this is covered in Technical Requirements
- You will need to learn the system and prepare any workflow or documentation changes that are required
- With e-dealing, you can save weeks of trading paperwork, enabling you to complete the transaction quickly
- Instead of signing papers, you will digitally sign using your Digital Certificate
- You will have the ability to electronically pre-validate your dealing prior to lodgement with LINZ.
What physical evidence remains?
Forms
- There are no instruments to retain in e-dealing and duplicate titles have been dispensed with
- e-dealing does not require you to complete a paper lodgement form
- An Authority and Instruction form (A&I) must be signed by your client and retained by you. It is a legislative requirement to protect lawyers, conveyancers and clients
- A&I form does three things:
- It proves that you had authority to act for your client for the transactions listed
- It provides a record that the proof of identity requirements have been complied with
- It provides you with the ability to nominate another lawyer or conveyancer to certify and sign the dealing on behalf of the client.
Storage
Conveyancers are required by law to retain signed A&I forms and associated documents under which the conveyancer has certified, signed and submitted the dealing. These should be kept for a period of ten years. See e-dealing Compliance Review Information.
How reliable is Landonline service?
Landonline availability averages over 99%. Minor interruptions may occur from time to time, but these are dealt with swiftly by our IT specialists. During any interruption, customers are kept informed on the user section of Landonline.
What if Landonline service is interrupted when a submission is due?
As long as you settle your e-dealing within 14 days of receiving your guaranteed search, a delay of hours or even days before submitting will not matter (the protection period following submission is 2 months). You may choose to ensure that the timing of your guaranteed search gives you some extra time to cover yourself just in case of an unexpected down time.
We recommend that you submit your e-dealing at the next earliest opportunity.
How mistakes are dealt with
e-dealing has a range of built-in automated rules designed to ensure the right information is updated on the titles register. This reduces the risk of an error making its way onto the titles register but does not stop mistakes with names (ie transferee or mortgagee). In the case of a misspelt transferee it would be appropriate for an amending edealing containing a transfer to be submitted. If a mortgagees name is misspelt potentially requiring the mortgage to be discharged and recreated or a more significant error is made, correcting documentation may need to be held. In these situations please contact LINZ.
Are firms audited on e-dealing?
The LINZ Registrar General of Land carries out periodic compliance reviews for e-dealing customers. This is designed to assist your firm to ensure it meets the requirements for collecting and retaining the correct information. You will receive feedback regarding gaps in your documentation and support in rectifying them. This is not a complete review or audit of your entire firm and documentation.
Improvements to Landonline
Regular maintenance of Landonline includes an upgrade to a new version approximately every 6 months. Usually these upgrades are designed to remedy known issues and introduce new or enhanced features. LINZ has a team of business analysts who continually work on finding and fixing system bugs, acting on information provided by internal and external users.
User Groups
User groups are encouraged by LINZ to support users and maximise their use of Landonline. They also ensure user's views are represented through the continued development of the system. Landonline user groups are supported by the New Zealand Law Society and the New Zealand Institute of Surveyors and may be involved (to a greater or lesser extent) in facilitating the flow of information to and from LINZ.
