| Question | Answer |
|---|---|
| Lodge | |
| What does Lodge mean? | This means that the e-dealing will require LINZ to check the information before the transaction can be registered. |
| What makes an instrument step down to Lodge? | Your instrument will step down to Lodge if you click on the Add Text or Add Image button, enter text in the Clarify Intent field or Description of Part field or if the title type requires manual action by LINZ (eg a Licence to Occupy requires LINZ to send notices or update the share certificate). |
| How do I know what instruments are Lodge? | The Create Dealing screen has a column called Auto/Lodge. The instrument will appear as either LODGE or AUTO REG. If this shows as LODGE then the Dealing Type will also step down to LODGE. This means the whole dealing will be submitted to LINZ for checking. |
| What does Pre-Validate check in a Lodge instrument? | Exactly what it checks now. It checks that all mandatory fields have been completed. It cannot check spelling, image content or any free text fields. |
| Why does the Auto Reg instrument not register instantly on submission when there are both Auto Reg and Lodge instruments in the e-dealing? | When an instrument steps down to Lodge the whole dealing will step down to Lodge. This allows the e-dealing to be processed together and registered at the same time. |
| Is the Lodge process the same as in paper? | Yes, you are just creating and submitting it electronically. |
| Is a Lodge dealing shown as a Pending dealing when submitted? | Yes, it will show in your search tree against the title reference. |
| Can I get documents pre-checked by LINZ staff prior to attaching it to an instrument? | No, this is not a service that LINZ provides. When you submit an e-dealing with any Lodge instruments, these are then checked by LINZ processing centre staff and the e-dealing is registered, rejected or requisitioned. |
| How long does it take for a Lodge dealing to be registered? | The timeframe is the same as that for the paper process. In accordance with the LINZ Service Level Agreement (SLA), we aim to complete all Lodge dealings within 15 working days. 95% of dealings lodged will be processed within the 15 working day agreement. |
| If I add a simple clause by text, does that take two to three working days rather than 15 working days? | The SLA states that it will take up to 15 working days. It may not take this long, but this is dependent on the amount of work LINZ has to process. |
| Can another Lodge or paper dealing take priority if submitted after my Lodge e-dealing? | No, when you submit the dealing to LINZ you have priority from the date and time submitted. Anything lodged after that time, paper or electronic, will queue behind your dealing. |
| If my Lodge dealing is requisitioned what is the timeframe allowed for re-submission? | The timeframe is the same as that for the paper process. You are given two months from the date of notice. If you have trouble getting this completed in the timeframe, you can request an extension in writing. |
| If I am entering standard template information in an e-dealing does that now step down to Lodge? | No, your e-dealing will only step down to Lodge if you click on the Add Text or Add Image buttons, enter text in the Clarify Intent or Description of Part fields or if the title type requires manual action by LINZ (eg a Licence to Occupy requires LINZ to send notices or update the share certificate)... |
| A&I forms | |
| Who signs the A&I form if just one owner is transferring their share/interest? | The person for whom you are acting. |
| When dealing with matrimonial property, if I have a signed A&I form from both parties, does that give me authority to act on behalf of both clients if they do not want separate representation? | Yes, the A&I form provides authority for a conveyancing professional to act on behalf of their client(s) in the e-dealing environment. |
| Do I need to provide a copy of the A&I form to my client or the bank? | You should provide a copy to your client to cover disclosure issues. Neither LINZ nor the New Zealand Law Society require you to provide a copy to the bank as this is authority for you to act on behalf of your client. |
| If there are extra clauses added to the instrument in an e-dealing should they be included in the A&I form? | This is not required by LINZ as it is in the instrument already. However, your professional obligations still apply, meaning you will need to ensure that your client is aware of any extra clauses. You can choose to add them directly to the A&I form when you preview it in Landonline, enter the clause in your standard A&I template, or add another page to your A&I form. |
| Do I need separate A&I forms from both sides? | You only need an A&I form for the people for whom you are acting. If you are acting for both sides, the A&I form can be combined into one as long as it clearly identifies the capacity in which each party is signing. |
| Requisitions | |
| Can a requisition notice for paper dealings be sent electronically – i.e. emailed to me? | No, if you submit a dealing in paper format then the requisition will follow the same process as before. |
| Who gets the requisition notice for a Lodge e-dealing and how is it received? | The process is the same as that for paper dealings. The submitting firm gets the notification. The primary contact in the firm gets a notice emailed to them and also a message and notification in the My Messages folder in workspace. |
| Is there a resubmission fee payable for requisitioned dealings? | Yes, there is a fee of $13.00. |
| Can I delete a requisitioned instrument? | No, you should request that the instrument be withdrawn from registration. |
| When would an instrument be requisitioned for an e-dealing? | The reasons are the same as those for the paper process.
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| Can I see the requisition reason for someone else in my firm? | No, the notice will only go to the submitting primary contact (PC) by email and online in the My Messages folder in workspace. |
| If I use Add Text or Attach Image and the dealing is requisitioned do I retain priority time? | Yes, the dealing is returned to you for a minor error. Therefore, the date and time you originally submitted it is still the date lodged. |
| How does the other party know that the dealing has been requisitioned? | The other party will see the dealing has moved from the Lodge folder to the Requisitioned folder in Workspace. The notice is only sent to the submitting firm. If the vendor's side need to make amendments then the submitting firm needs to communicate with them and revert the instrument status to Signed to enable it to be edited. |
| Attaching image or text | |
| How can I see if I have attached the correct image? | Click on the Preview button or click on the Add Image button to check that the correct image has been attached. |
| How can I replace an image or change text? | There are buttons on the Attach Image screen that allow an image to be either replaced or removed. Additional text is edited or deleted by clicking on the Add Text button and editing, and then clicking OK to save any changes. |
| Can initials and signatures appear in an image? | Some image attachments will be in a format which properly includes initials and signatures. Examples are: a Consent for which there is no certification available in the Workspace or an image of a transfer of shares attached to a transfer of a Licence to Occupy. Initials and signatures in respect of an image attachment containing, for example, additional terms and conditions in a transfer, are not required but LINZ would not object, unless the initials and signatures create a conflict with the certifications in respect of that instrument. |
| Do A&I forms need to be changed to incorporate the extra details when adding text and images? | No, LINZ does not require you to show the details of text or images on the A&I form for compliance. You do still need to make sure that you are meeting your legal obligations and disclosure to your client. |
| Does Clarify Intent form part of the document? | Yes, any text added in this field will display under the heading Clauses, Conditions and Intent in the instrument. |
| How do I add a clause to an instrument? | You can either use the Add Text or Attach Image buttons. If it's a simple trustee limitation clause or a mortgage in substitution clause, there is sufficient space to use the Add Text button. |
| Where should I store an A&I document on my computer so that I can retrieve it if I need to attach it as an image? | If you're saving the A&I form, click the Save & Copy button on the A&I form screen. You can save the document anywhere you wish on your own computer. If you want to be able to attach this as an image you should check that you can attach images with your current internal firm set up to emails, if you can you should be able to attach an image in Release 3.0 |
| If I can add an image, does that mean I can attach a diagram rather than a survey? | No, if a survey is required in paper, then that will still apply for a Lodge dealing. |
| What is the specification to tiff image? | Your scanner must satisfy the following requirements
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| When might I need to attach something to an instrument? | Common examples include attaching a restrictive covenant with a Transfer or a trustee limitation clause in a Mortgage. You can use the Add text or Add Image buttons to include anything relevant to that instrument. |
| What qualifies as an image? Can I write it on a brown paper bag and attach as an image? | Images should be prepared on standard A4 size, cream or white paper. In order to ensure a viewable image appears in the register, the contents of the image should be completed in dense blue or black ink. If image visibility is compromised, LINZ may refuse to complete registration unless the image is resubmitted in an appropriate format |
| How do we edit an image if an e-dealing has been requisitioned? | If your image is the reason for the requisition, you need to edit the original document and then convert to a tiff image and attach the amended image. |
| Compliance reviews | |
| If I sign as a locum for another person in my firm or need to sign as power of attorney in a CP's absence, who should keep copies of the A&I form and supporting evidence for compliance review? | The compliance review request will be sent to the solicitor who certified and signed the instruments. These instruments are requested by dealing number and client reference. Good practice suggests that if you are acting in one of these situations, you should request that the firm sends the information or advises you on how you can locate the details in their filing system. |
| Banks instructions are sent by email with no signature. Is this ok to supply for compliance review? | Yes, for compliance review the entire bank letter and email should be supplied. |
| I have had a compliance review, but have not had a compliance certificate. How long do these take to arrive? | A compliance certificate is sent immediately on the completion of the review. If there are issues with the review (eg some information has not been sent or is incomplete) the compliance certificate will not be sent until those issues are resolved. |
| Can I email a scanned document to LINZ for compliance review? | Yes, sending scanned questionnaires and documents by email to RGLAssurance@linz.govt.nz. is the preferred method. |
| Time issues | |
| Has there been any discussion at Land Titles Committee about the time taken to release an instrument after settlement? | The New Zealand Law Society's Guidelines for Electronic Registration can be found at www.nzls.org.nz. Best practice is to release the instrument upon confirmation of settlement funds. When the bank is paid, you then release the instruments to the purchaser's firm so they can action the registration. |
| If I submit a dealing after 4pm, why can't the system hold it in a queue until 9am the next working day? | The system has not been designed to have a holding queue for dealings outside of 9am – 4pm. However, LINZ will review the hours of registration once we have a fully automated system. While some instruments still need to be lodged in paper, LINZ must still maintain a level playing field so that there is no time advantage for e-dealing's. |
| Can I ensure that practitioners submit dealings in the right order? i.e. Paper dealing was not submitted until 9am the next working day, we held off submitting our e-dealing until. 3.59pm the next working day after Release, but the other dealing came in behind our dealing. | Paper lodgement is not deemed to be accepted until 9am the next working day, the only exception is application for priority lodgement with payment of the requisite fee. Preliminary entry may have been completed and the dealing will show as pending. The actual lodgement date can be viewed in the Structured Text view. |
| Are the registration hours going to be extended? | LINZ will review the hours of registration once the system is fully automated. |
| Specialised dealing queries | |
| What is best practice from the NZLS point of view when a vendor's firm is asked to send a copy of the Certify and Sign instrument to the purchaser's firm? | It is not necessary to supply this as you can see in workspace that the instrument has been signed. |
| Who releases the instrument for the transferors if there is more than one conveyancing professional involved? | The person whose name appears in the first line in the Roles area of the Create Dealing screen is responsible for releasing the instrument. |
| Who pays for the resubmission fee for a rejected or requisitioned dealing? | The party responsible for fees in the Create Dealing screen for that instrument will be charged by LINZ. Any variation from this will need to be negotiated between parties. |
| Can I ask for an undertaking from the vendor that the document is in registrable form? | No, as with paper dealings, the NZLS guidelines states that the submitting firm is responsible for ensuring that all the documents are registrable. |
| Who should submit a dealing containing a Vendor's mortgage? | The purchaser's firm defaults to being responsible for submitting the dealing (You cannot have two separate parties submit). However, by agreement between parties the default can be changed. |
| How many titles and instruments can I have in an e-dealing? | You can have a maximum of 50 instruments per e-dealing, a maximum of 50 unique titles per instrument and a maximum of 200 unique titles per e-dealing. |
| Can I do a transfer in exercise of power of sale (TPS) in Release 3.0? | No, this will be available in Release 3.1 later in 2008. |
| Who should create the e-dealing when there is an on sale completed? | The end purchaser will create the e-dealing, but this is negotiable by the parties involved. |
| Will there still be Pending Dealings? | Yes, any paper dealing, Lodge or queued Auto Reg e-dealing will show as a Pending Dealing in the Searches tree against a title. |
| Can I use Landonline to complete Charging Orders now? | No, this will be available in Release 3.1 later in 2008. |
| Can I change the details of the document once released from the vendor's side? | No, Release 3.0 has introduced the new Revert to Signed option. This means once an instrument is released, only the submitting firm can Revert to Signed allowing edits. When the instrument reverts to signed the usual guidelines apply. If an instrument is edited, it will clear any signing and pre-validation details and will need to be re-signed, certified, pre-validated and then released. |
| How does multiple signing work? | Signing multiple instruments at one time was introduced to streamline the process in Release 2.10. This means that you can review all instruments and then sign once for those you are responsible for. To practise doing this in a safe environment, please see the e-dealing Practice Tool. |
| How does my attorney see the dealings when they need to sign in my absence? | They need to have their own digital certificate which is associated or linked to your firm's licence. This allows them to access your workspace from their computer. When they log on they would get a choice of which firm's licence they want to work with. |
| When or how long does a conveyancing professional have to advise the other side and who is responsible for setting up the dealing? | The firm responsible for submitting the dealing would normally set up the dealing. This should be the purchaser's solicitor and should occur as soon as possible after the agreement becomes unconditional. |
| Can we sever the joint tenancy by acting for just one person in a title held jointly? | Yes, from Release 3.0 you can deal with an interest or share in a title of just one person using e-dealing. |
| Do firms need to supply a copy of the signed instrument to the other side? | No, it can be seen inWorkspace when they have signed. The primary contact gets the message in the My Messages folder to advise when the other party has also signed. |
| Can you still register your own terms of memorandum? | Yes, these get approved by the Registrar-General of Land and registered at LINZ as a supporting document and can be searched on. |
| Why can the solicitor acting for the transferee not see a clause added to a discharge? | This is because the transferee is not party to that instrument or from the same firm. |
| Can I register a Lease in Release 3.0 of Landonline? | No, this will be available in Release 3.1 later in 2008. |
| Does the New Zealand Law Society have any guidelines for easements? | Easements will not be available until Release 3.1. |
| Which conveyancing professional (CP) can release an instrument when Landonline allows multiple CPs for that instrument? | The default when multiple CPs are involved in one instrument is to have the first CP for that instrument role release it. This default can be changed by checking the tick box in the Resp For Release column next to the name of the CP who you want to release the instrument. |
| Who is responsible for creating the dealing when completing back-to-back dealings? | The ultimate purchaser would create the dealing, However, you can negotiate with all parties involved as to who will do this. |
| If I represent a first purchaser, can I add another on sale to the dealing? | Yes, instruments can be added until the dealing is submitted. |
| Can I sever the joint tenancy in one transfer? | If there is a legal and equitable interest, joint owners can transfer one or part of their interest of several owners jointly. The case in support of this is Samuel V DLR 1984 NZLR. |
| Can trusts be shown on the Register? | No, Section 128 of the Land Transfer Act 1952 expressly prohibits trusts being noted on the Register. |
| What would be the date and nature of the base document if a client is transferring to themselves? | There is no need to have this in the A&I form if there is no background documentation. |
| Does anything display in Landonline to show that you have passed an audit? | No, you will be notified by mail. |
| Does changing a Conveyancing Professional in the firm also include attorneys? | As long as the attorney is linked to your licence, you would not need to change the Create Dealing screen. They can access the dealing through the All Work folder under the name of the CP entered for the dealing. |
| Why does the system break my shares down to the lowest common denominator? | The reduction to lowest common denominator is a practice agreed between the Registrar-General of Land and New Zealand Law Society representatives. The code that derives the lowest common denominator is very complex and in the heart of Landonline processing. It could not be easily changed, but has been in place since prior to the inception of e-dealing. |
| Can I have more than one party in a Discharge of Mortgage with a multiple mortgagor and mortgagee? | You can have multiple Conveyancing Professionals for the role of mortgagee's representative. No authority is required from the mortgagor(s). |
| What is the difference between using Display Transferee and Display Resulting Ownership? | Display Transferee confirms that you have entered all the names correctly, in the right shares and capacity, etc. It will not include any remaining proprietors. Display Resulting Ownership shows you what the final result will be once the dealing is registered, which will include any remaining proprietors. |
| When is a Transfer in Exercise of Power of Sale (TPS) able to be completed using e-dealing? | This will be available from Release 3.1. |