CERTIFICATIONS
What are Certifications?
Section 164A of the Land Transfer Act 1952 requires every electronic instrument
to have specified certifications given in relation to it.
The Act requires the certifications to specify that:
(a) The person giving the certification has authority to act for the party
specified in regulations in relation to that class of instrument and that party
has legal capacity to give such authority; and
(b) The person giving the certification has taken reasonable steps to confirm
the identity of the person who gave the authority to act; and
(c) The instrument complies with any statutory requirements specified by the
Registrar for that class of instrument; and
(d) The person giving the certification has evidence showing the truth of the
certifications in paragraphs (a) to (c) and that the evidence will be retained
for the period prescribed for the purpose by regulations made under this Act.
The actual form of the certifications is prescribed in the Land Transfer Regulations
2002.
The regulations require that certifications be given in the following form:
- I certify that I have the authority to act for [insert description
of the appropriate party from the third column of the table in regulation
11] and that the party has the legal capacity to authorise me to lodge
this instrument.
- I certify that I have taken reasonable steps to confirm the identity
of the person who gave me authority to lodge this instrument.
- I certify that any statutory provisions specified by the Registrar for
this class of instrument have been complied with or do not apply, and-
- I certify that any statutory provisions specified by the Registrar relating
to Maori freehold land have been complied with or do not apply; or
- I certify that the caveator of the caveat [insert caveat number here]
has consented to this transaction, which is subject to the caveat, and I hold
that consent; or
- I certify that the chargeholder of the [insert type and registration
number of charge here] has consented to this transaction and I hold that
consent, or the charge does not prevent registration; or
- I certify that the mortgagee of the mortgage [insert the mortgage
number here] has consented to this transaction and I hold that consent.
- I certify that I hold evidence showing the truth of the certifications
I have given and will retain that evidence for the prescribed period.
All transactions will require certifications relating to authority/capacity,
identity, general statutory compliance and evidence. Additional certifications
will be required when the relevant factual situation exists, for instance, that
land is Maori land or is subject to a caveat. These are the words a conveyancer
can expect to see when certifying instruments within Landonline.
Certifications
Authority/Capacity
Identity
Statutory
Requirements
Evidence
Who
can certify?
|