e-dealing Client A&I form FAQs

A&I form created in Landonline

• Can I complete the A&I form in Landonline? read answer...
• Why hasn't some of the information needed to complete the A&I form been entered into the document? read answer...
• I created an A&I form within Landonline but now can't find it read answer...
• What do I do if I am unable to save the A&I form to my computer? read answer...

A&I forms and Trusts

• Who needs to sign the A&I form for a Trust when the Trust is made up of private individuals and a trustee company? read answer...
• What do I need for a change of trustee or addition of trustee? read answer...
• Three of the trustees have signed the A&I form but I now realise there are four trustees in total. I have already submitted the dealing. What should I do? read answer...
• What A&I's are required for a change of trustees (i.e. A,B & C to A,B & D)? read answer...

Signing A&I forms

• Who signs the A&I form when the client is an undischarged bankrupt? read answer...
• Which A&I form is used and who is responsible for signing for a society? read answer...
• Does the A&I need to be notarised if signed overseas? read answer...
• Who in the TA needs to sign the A&I form? read answer...
• Who signs the A&I form if just one owner is transferring their share/interest? read answer...

A&I required?

• What is needed for a mortgage? read answer...
• I have submitted an e-dealing without first getting an A&I form completed… what should I do? read answer...
• Do you need an A&I form to discharge a mortgage where the mortgagee is a government department? read answer...
• Is an A&I form required for a 'Withdrawal of Notice of Claim' e-dealing? Or would a signed withdrawal of claim form be sufficient? read answer...
• Can I put a husband and wife on the same A&I form? read answer...
• When the ASP was signed, it listed the purchasers as well as 'or nominated agent'. A&I was signed with purchaser's name but purchaser now has changed his mind and wants the 'or nominated agent' to become the owner. Surely I don't have to do another A&I as ASP already has 'or nominated agent' on it. read answer...
• My vendor client is signing an A&I form today but in the future, the purchaser listed on the A&I form may change to a nominee trust or company. What should I do? read answer...
• Do I need a separate A&I for each instrument or can I use one A&I for all the dealing (e.g. Discharge, Transfer and Mortgage)? read answer...
• Is an A&I required from a solicitor who is party to the transaction and certifying the e-dealing and can that solicitor verify the identity of other parties in the transaction? read answer...
• Does the client need to sign an A&I for a bank discharge? read answer...
• Can two or more proprietors sign the same A&I? read answer...
• How many A&I forms are required for a transmission? read answer...
• Discharge of Profit a Prendre - do you need an A&I? read answer...
• When is an A&I required by the Territorial Authority (TA)? read answer...
• What type of A&I form is required from a TA? read answer...
• What instruments need an A&I form? read answer...
• Do I need separate A&I forms from both sides? read answer...
• Can I rely on a copy of a letter of instruction, loan agreement or Deed of Settlement as authority for a private mortgagee? read answer...

Client id and witnessing

• What are the requirements for identifying a client in an e-dealing? read answer...
• Can only a lawyer witness an A&I form? read answer...
• What if my client cannot come into my office, because they live in another part of New Zealand, or are overseas? read answer...
• My client's name on their photo ID does not match their name as it is recorded on the Register. read answer...
• The A&I form has been sent out of office to the client and, on return of the A&I form, the Proof of Identity provided has expired. What is best practice? read answer...
• Why does the date on a photo ID have to be valid when it is obviously that person? read answer...
• A client refuses to provide ID and signs a statutory declaration each time, can we accept this? read answer...
• A client does not have a current passport, NZ driver license or NZ Firearms licence. Are any other forms of photo ID acceptable? read answer...
• Are any forms of photo ID not acceptable? read answer...
• Are overseas photo IDs acceptable? read answer...
• What if a client does not have a suitable government photo ID, or only an expired ID or no ID at all? read answer...
• My client is a limited company - what are the witnessing and client identification requirements? read answer...
• Can a company A&I form be witnessed by another officer of the same company? read answer...
• My client is a corporate body that is not a limited company - what are the A& I form, witnessing and client identification requirements? read answer...
• Repeat clients - I act for a client on a frequent basis. Do I have to sight and copy their original photo ID every time? read answer...
• Do I have to sign copies of photo IDs, and other additional documents such as rates demands, bank statements, utility accounts to certify they are true copies? read answer...
• Multiple parties - if there are multiple parties dealing with land, do I have to identify all of them? read answer...
• I have known my client personally for years; do I have to formally verify their identity? read answer...
• If I have known my clients personally for years, why can't I just rely on anybody to witness their A&I forms? I know who my clients are. read answer...

General A&I FAQs

• Do I need to provide a copy of the A&I form to my client or the bank? read answer...
• If there are extra clauses added to the instrument in an e-dealing should they be included in the A&I form? read answer...
• Do A&I forms need to be changed to incorporate the extra details when adding text and images? read answer...
• What would be the date and nature of the base document if a client is transferring to themselves? read answer...

A&I form created in Landonline

Can I complete the A&I form in Landonline?

Yes, the A&I form can be completed within Landonline. The screen is accessed by using the A&I button situated on the Create Dealing screen. Once in this screen you can select the type of A&I form you require. It is advisable to prepare the instruments in the dealing first as details from those instruments will be pulled through to populate the A&I form. These can be amended within the form if necessary. The form then needs to be printed and signed in the normal way.

Why hasn't some of the information needed to complete the A&I form been entered into the document?

Only information held within Landonline will pre-populate the newly created A&I form. Extra information can be added manually into the document before printing or saving it to your own computer.

I created an A&I form within Landonline but now can't find it.

If you use Landonline to create and pre-populate an A&I form you will need to either print the form or save it to your own computer. The completed form will not be saved in Landonline and therefore is not available at a later date unless saved onto your own computer.

What do I do if I am unable to save the A&I form to my computer?

Use the process you had in place prior to Release 2.10. The functionality to generate an A&I form within e-dealing was only introduced as an alternative option. We recommend that firms complete an A&I form with their clients as soon as reasonably possible.

Further information regarding New Zealand Law Society guidelines can be found on the NZLS website.

A&I forms and Trusts

Who needs to sign the A&I form for a trust when the trust is made up of private individuals and a trustee company?

Authorisation must be obtained from each registered owner, including the trustee company. As the certifications are different between a private individual and a corporate, separate A&I forms must be used.

What do I need for a change of trustee or addition of trustee?

An A&I form is required from all transferors and all transferees. If a party is both a transferor and transferee, one A&I form, listing both roles, is sufficient.

Three of the trustees have signed the A&I form but I now realise there are four trustees in total. I have already submitted the dealing, what should I do?

Obtain a properly completed A&I form from the fourth trustee as soon as possible. Failure to obtain and hold such authority is a very serious issue and may result in revocation of e-dealing certification rights.

What A&I's are required for a change of trustees (i.e. A,B & C to A,B & D)?

One A&I form can be used for a person (if the person is both transferor and transferee) as long as this information is included in the A&I description.

Signing A&I forms

Who signs the A&I form when the client is an undischarged bankrupt?

The lawyer must deal with the official assignee in such circumstances. The options are to have the client sign the A&I and modify the form to show that the client is an undischarged bankrupt, attaching consent from the official assignee. Alternatively, the official assignee may sign the A&I form directly but a copy of the appointment of the official assignee must be attached to the A&I form. (Guideline M of the NZLS e-dealing Guidelines.)

Which A&I form is used and who is responsible for signing for a society?

The Private Corporate A&I form (with any necessary modifications) is the most appropriate.

The person authorised to sign on behalf of the society according to its rules and any governing statutory requirements should sign the A&I (i.e. the same person who would have signed for the society in the paper environment).

Does the A&I need to be notarised if signed overseas?

No, as the A&I form is not a Land Transfer Act document. Anyone can witness an A&I if they are acceptable to the solicitor certifying the dealing. If it is a new client, consideration should be given to having it witnessed by a solicitor or JP etc.

Who in the TA needs to sign the A&I form?

The council officer who would have signed the paper instrument (Authorised Signatories).

Who signs the A&I form if just one owner is transferring their share/interest?

The person for whom you are acting.

A&I form required?

What is needed for a mortgage?

An A&I form is required from the mortgagor as well as an A&I form or letter of instruction from the mortgagee.

I have submitted an e-dealing without first getting an A&I form completed... what should I do?

Obtain a properly completed A&I form as soon as possible. Failure to obtain and hold such authority is a very serious issue and may result in revocation of e-dealing certification rights. The A&I form can be completed in Landonline at any time. It is recommended that all the relevant instruments have been prepared first.

Do you need an A&I form to discharge a mortgage where the mortgagee is a government department?

No. A properly executed discharge document in the traditional form will suffice as evidence of authority for the discharge. A government department falls within the category of 'institutional chargeholder' in the NZLS e-dealing Guidelines.

Is an A&I form required for a 'Withdrawal of Notice of Claim' e-dealing? Or would a signed withdrawal of claim form be sufficient?

Most Notices of Claim are lodged by private individuals and, as such, they would generally need to have an A&I form to withdraw. The exception would be a corporate 'institutional chargeholder'.

Can I put a husband and wife on the same A&I form?

Yes - both parties would need to be separately identified but both can be on the same form.

When the ASP was signed, it listed the purchasers as well as 'or nominated agent'. A&I was signed with purchaser's name but purchaser now has changed his mind and wants the 'or nominated agent' to become the owner. Surely I don't have to do another A&I as ASP already has 'or nominated agent' on it.

An A&I in the name of the transferee is preferable but if 'or nominee' is included on the A&I and there is evidence of the nomination then a new A&I is not required. Evidence would include a copy of a letter or email confirming the nomination or Sale Notice noting the correct names.

My vendor client is signing an A&I form today but in the future, the purchaser listed on the A&I form may change to a nominee trust or company. What should I do?

The vendor A&I form should name the purchaser and include the words ‘and/or nominee’ to show that a nomination may occur.
If a nomination by the purchaser then takes place, ensure you attach to the vendor A&I form a clear paper trail evidencing the nomination that has occurred, for example a copy of the notice of sale.

Do I need a separate A&I for each instrument or can I use one A&I for all the dealing (e.g. Discharge, Transfer and Mortgage)?

The A&I can be used to authorise a combination of instruments, provided these matters are clearly set out in the form.

Is an A&I required from a solicitor who is party to the transaction and certifying the e-dealing and can that solicitor verify the identity of other parties in the transaction?

An A&I form is not required from a practitioner if they are certifying an instrument on their own behalf (i.e. they are a party to the instrument). It would be prudent for that practitioner to keep a file note that they have not completed an A&I form and why.

The practitioner should not then complete the proof of identity section for the other parties to the transaction. This is analogous to not being able to witness a paper transfer that you are a party to.

Does the client need to sign an A&I for a bank discharge?

No, as the discharge from the bank is sufficient authority. It may be included in the A&I with the other instruments to give the client the 'full picture' but it is not mandatory. (It is acceptable for the bank discharge to be by way of letter or even an email. Refer to NZLS Guideline Q.) All 'non institutional' mortgagees (e.g. private individuals) must sign an A&I for a discharge.

Can two or more proprietors sign the same A&I?

Yes. If there are multiple signatories who are in different locations it may be more expedient to have separate A&Is signed. If so, it assists subsequent tracking to note that the A&I is one of two forms for that dealing.

How many A&I forms are required for a transmission?

An A&I form is required from the applicant/s. If there is more than one applicant, they can be included on one A&I form.

Discharge of Profit a Prendre - do you need an A&I?

A Profit a Prendre can be surrendered, merged or removed by court order.

A Surrender of a Profit a Prendre (SPP) is an image only instrument requiring certifications and an A&I form is required from the relevant parties.

When is an A&I required by the Territorial Authority (TA)?

For instruments that are to be registered by a Conveyancer or Solicitor on behalf of a TA.

What type of A&I form is required from a TA?

A Public Corporate A&I form.

What instruments need an A&I form?

An A&I form needs to be completed for certain electronic instruments. In general terms these instruments include:

• Any instruments under the Land Transfer Act 1952
• An instrument making changes to the Certificate of Title
• Changes to reserve status of land
• Easements
• Consents
• Building Act - hazards
• Release 3.1 e-capable instruments

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.

Can I rely on a copy of a letter of instruction, loan agreement or Deed of Settlement as authority for a private mortgagee?

No. A Private Individual or Private Corporate A&I form should be obtained for a private mortgagee. This ensures appropriate steps are taken to verify the identity of the client. (A letter of instruction is only acceptable from an institutional mortgagee – e.g. bank, building society etc. A loan agreement or Deed of Settlement is never suitable evidence of authority to register a mortgage, for any mortgagee.)

Client id and witnesssing

What are the requirements for identifying a client in an e-dealing?

Refer to the Standard for verification of identity for registration under the Land Transfer Act 1952 – LINZS20002

Can only a lawyer witness an A&I form?

Anyone 18 years of age or over can witness an A&I form as long as the witness is an independent trusted person who the practitioner can reasonably rely on to carry out the identity checks on the practitioner’s behalf.

When nominating a suitable person to undertake this function, a practitioner needs to be confident that the delegate will properly perform these identity checks with an appropriate level of robustness and impartiality. The ultimate responsibility for properly verifying parties’ identities rests with the practitioner who certifies that he or she has taken reasonable steps to confirm the identity of the person who gave them authority to lodge the e-dealing instrument and holds evidence showing the truth of that certification. This corresponds with a lawyer’s responsibility under Rules 2.5 and 2.6 the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 and a conveyancing practitioner’s responsibility under Rule 9 of the Lawyers and Conveyancers Act (Conveyancing Practitioners: Conduct and Client Care) Rules 2008.

A suitable delegate, for example, might be someone who is known to and trusted by the practitioner or their firm, or someone who holds a particular role or professional position within the community (such as another lawyer, accountant or Justice of the Peace).

By contrast, relying on a friend or relative selected by the client to identify and witness a client A&I form outside the practitioner’s office would not be a reasonable way for the practitioner to confirm the client’s identity.

See also the query below Can a company A&I form be witnessed by another officer of the same company?

Practitioners will be liable if they fail to take reasonable steps to prevent fraud in terms of their obligations to verify client identity. Therefore it is essential that practitioners apply sound judgment in these matters. When a practitioner delegates witnessing to someone outside the firm it is prudent to keep a record of who that delegate is and why is it reasonable for the practitioner to rely on them in the circumstances.

To cover these situations, practitioner firms should consider developing instructions/guidelines for witnesses, to accompany the A&I form, setting out the firm’s expectations in regards to out–of-office execution and witnessing, and the checks to be completed by the witness. 

For further information on delegating verification of identity refer to page 13 of LINZS20002 Standard for verification of identity for registration under the Land Transfer Act 1952 

What if my client cannot come into my office, because they live in another part of New Zealand, or are overseas?

If the practitioner visits the client outside their office, they should arrange for the client to make photocopies of their identity documentation (photo ID, rates demand etc) prior to that meeting.

Where the certifying practitioner cannot personally verify the identity of a client (eg if the party lives in another location or is overseas), the practitioner may have identity verification carried out by a delegate. The delegate must be an independent trusted person who the practitioner can reasonably rely on – see the above query Can only a lawyer witness an A&I form?

Where a client is overseas, it is reasonable for a practitioner to rely on a notary public (or someone else specified in 16(4) of the Land Transfer Regulations 2002) to witness the A&I form and verify the client’s identity.

For further information regarding delegating verification of identity refer to page 13 of LINZS20002 Standard for verification of identity for registration under the Land Transfer Act 1952.

My client's name on their photo ID does not match their name as it is recorded on the Register. For example:

• Name has been misspelt

• Name has been abbreviated, e.g. Tim on the photo ID whereas the name is showing as Timothy on the Register

• Client is also known as a different name from the name shown on the Register or the photo ID

• Photo ID is in my client’s maiden name but her married name is recorded on the Register (or vice versa)

• Names have been recorded on the Register in the wrong order

• Middle name has been omitted from the Register

• The vendor has changed his/her name by Deed Poll.

What do I need to do to reconcile the names?

1. Client is going off the register

If the client is authorising a discharge or transfer or some other instrument where they will be going off the Register, a statement reconciling the name discrepancy should be included on the A&I form, and a statutory declaration by the client should be obtained. The declaration should account for the name discrepancy and confirm that the client as named on the Register and in the photo ID is one and the same person. Where relevant, corroborating evidence (e.g. certificate of marriage or dissolution of marriage; name change certificate) should be attached as an exhibit. The client’s declaration and exhibits should be retained with the A&I form.

2. Client is remaining on the register

If the client is authorising a mortgage or some other transaction and will be remaining on the Register, then a change of name application should be lodged for registration. These requirements are set out in LINZG20704 Guideline for making application to change or correct names on the Register - (PDF 274KB)

The A&I form has been sent out of office to the client and, on return of the A&I form, the Proof of Identity provided has expired. What is best practice?

An expired ID is not considered to be a valid ID.

You need to go back to the client and ask for a current government-issued photographic ID to be supplied, or follow the process for Verification in the absence of government-issued photographic ID set out in 4.2 of the Standard for verification of identity for registration under the Land Transfer Act 1952 – LINZS20002.

Why does the date on a photo ID have to be valid when it is obviously that person?

For an official form of government ID to be valid for its purpose of identifying the holder, it has to be current, as shown by its expiration date.

If a client only has a government ID that has expired then the requirements for verification in the absence of photo ID will apply (4.2 of LINZS20002 Standard for verification of identity for registration under the Land Transfer Act 1952 ).

A client refuses to provide photo ID and signs a statutory declaration each time, can we accept this?

If they follow the process for Verification in the absence of government-issued photographic ID set out in 4.2 of the Standard for verification of identity for registration under the Land Transfer Act 1952 – LINZS20002 that will be acceptable.

A client does not have a current passport, NZ driver licence or NZ Firearms licence. Are any other forms of photo ID acceptable?

Other forms of photographic ID may be suitable, if they are:

(i) issued by a NZ central government agency for the express purpose of identifying the holder to police, immigration, or other government authorities, and
(ii) the issuing process for that photographic ID requires a high standard of proof of the applicant’s identity, equivalent to that required for a passport, NZ driver licence, or NZ firearms licence, and
(iii) the issuing agency requires renewal at regular intervals.

For example, a Supergold Card with the holder’s photograph is suitable.

Are any forms of photo ID not acceptable?

A Supergold Card without the holder’s photograph is not suitable, as such cards are not issued for the purpose of identity verification.

Government employee ID cards, or local government-issued cards are not acceptable because the issuing authority does not intend such cards to be used for identification purposes generally or outside the context in which they are issued.

Are overseas photo IDs acceptable?

A current overseas-issued passport is suitable to verify client identity, because it is issued for the purpose of identifying the holder internationally.

Other overseas government-issued photographic IDs are not suitable because they are not issued for the purpose of identifying the holder internationally.

An overseas-issued driver licence is not suitable, as it is only issued to licence the holder to drive in the country of issue. An international driver permit, issued to allow the holder to drive legally short-term in other countries, is also not suitable.

If an overseas client does not hold a current overseas-issued passport see paragraph 4.2 of the Standard for verification of identity for registration under the Land Transfer Act 1952 – LINZS20002.

What if a client does not have a suitable government photo ID, or only an expired photo ID or no ID at all?

Follow the process for Verification in the absence of government-issued photographic ID set out in 4.2 of the Standard for verification of identity for registration under the Land Transfer Act 1952 – LINZS20002, signing a photograph of the client.

My client is a limited company – what are the witnessing and client identification requirements?

Most companies (eg non-publicly listed companies) should use the Private Corporate A&I form, to be signed by director(s) and other authorised persons. The certifying practitioner must verify the identities of the signatories with their photo IDs in the usual manner, and the office they hold in the client company and their authority to sign on the company’s behalf.

Note that the Private Corporate A&I form cannot simply be signed by directors in accordance with section 180(1)(a) of the Companies Act 1993, without the practitioner verifying the directors’ identities.

Publicly listed companies, and government departments/agencies and territorial authorities should use the Public Corporate A&I form. Providing the certifying practitioner initiated contact with the client company, they can rely on the A&I provided by the client.

See comments on Public vs ‘private’ corporates and Institutional charge holders on page 17 of the Standard for verification of identity for registration under the Land Transfer Act 1952 – LINZS20002.

Can a company A&I form be witnessed by another officer of the same company?

Yes. Providing the certifying practitioner initiated contact with the client company, they can reasonably rely on officers of the company to witness the company’s signatory(ies) signing the A&I form. The witness should make it clear on the A&I form that they are an officer of that company, and/or the practitioner should retain a file note with the A&I form explaining the linkage between the witness and the company.

My client is a corporate body that is not a limited company – what are the A&I form, witnessing and client identification requirements?

Charitable trusts and incorporated societies should use the Private Corporate A&I form. The A&I form must be signed by authorised persons in accordance with the trust’s or society’s governing statute, and the certifying practitioner must verify their identities with photo IDs in the usual manner.

Large trustee companies (eg Public Trust, Guardian Trust, Trustee, Executors and Agency New Zealand Limited) may use the Public Corporate A&I form.

Bodies Corporate under the Unit Titles Act should use the Private Corporate A&I form. The A&I form must be signed by authorised persons in accordance with regulation 17 of the Unit Titles Regulations 2011, and the certifying practitioner must verify their identities with photo IDs in the usual manner.

Repeat clients – I act for a client on a frequent basis. Do I have to sight and copy their original photo ID every time?

No. When their client signs A&I forms for new transactions, the practitioner can attach copies of photo IDs that the practitioner, or the practitioner’s trusted delegate, has sighted previously.

The practitioner should ensure their firm has in place a process to check the expiry date of the photo ID each time it is used to ensure that it hasn’t expired at the time each new A&I form is signed.

Do I have to sign copies of photo IDs, and other additional documents such as rates demands, bank statements, utility accounts to certify they are true copies?

For photo IDs the statement in the standard A&I form "(b) I have sighted the original form(s) of identity ticked above" is sufficient, and the witness doesn’t have to sign and certify the copy as well.

For other additional documentation, it is sufficient to hold a copy of the e.g. rates demand, bank statement, utility account with the A&I. It is not essential to certify it is a true copy.

Multiple parties – if there are multiple parties dealing with land, do I have to identity all of them?

Yes photo IDs are required for all parties.

For other additional documentation, such as a rates demand, bank statement, utility account for a landowner transferring or mortgaging, or to connect the parties to the property in high risk transactions, it is sufficient to obtain that additional documentation from only one of the parties.

I have known my client personally for years; do I have to formally verify their identity?

Yes, the certifying practitioner must obtain evidence of their client’s identity and retain it, to demonstrate that they have taken reasonable steps to confirm the identity of the person who gave them authority to lodge the instrument, as per the practitioner’s certifications, and thereby assure the Registrar-General of Land that the transaction was authorised by the parties and properly registered.

If I have known my clients personally for years, why can’t I just rely on anybody to witness their A&I forms? I know who my clients are.

It is still necessary for the practitioner, either personally or by a delegate he or she can reasonably rely on, to verify with photo ID that their client has in fact signed an A&I form, to assure the RGL that the instrument was properly authorised.

General A&I FAQs

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 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.

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.