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Common e-dealing rejection reasons

Listed below are the most common e-dealing rejection reasons, along with suggested prevention methods, to assist our conveyancing customers with faster registration, and to reduce work. This list will be updated on a monthly basis.

  Rejection reason Suggested rejection prevention methods

1

Certificate of Title (CT) reference incorrect


Enter the correct title reference in instruments and check thoroughly.
Image Only instruments
Ensure that the title references in the attached image instrument match title references in the Create dealing screen.
Subdivisions
All instruments lodged prior to OCT should refer to the existing/head title reference. The OCT should show the existing/head title reference and all new title references that will issue as a result of the subdivision. After registration of the OCT, the existing/head title will no longer exist and therefore all instruments following the OCT should not refer to the head titles.
New Leases
Show the fee simple title reference and the new title, i.e. Computer Interest Register (CIR) reference.

Surrender of Lease and Variation of Lease
Show the fee simple title reference and the leasehold (CIR) reference.

NOTE: All cross lease titles are affected by each lease so all title references need to be included.

2

Subdivision requirements


Subdivision requirements
Before a subdivision plan is lodged, it is important that the Solicitor discusses any issues with the Surveyor to make sure the plan lodged will support the documents that are intended to be registered.

If there are any unresolved issues regarding existing easements at the time the Surveyor is drawing the plan, then it is suggested that the Surveyor show all existing easements. The easements may then be surrendered at any time.
Order of registration for subdivisions
When registering transfers to bring new lots or part lots into common ownership, ensure that such transfers are placed prior to the OCT in the new title dealing, and that such transfers show the existing title reference. The new title reference does not exist until after the OCT (which issues the new titles).

Instruments under Section 223 and 224(c) Resource Management Act should be placed before the OCT.

When lots on the new plan are to be vested, any discharge of mortgage required for that purpose should be placed ahead of the OCT and should show the existing title reference.

When easements affect a new lot on a plan, wherever possible place the easement instrument after the OCT.

NOTE: It is not necessary to lodge separate OCT's when titles are to be issued in different proprietorships. One OCT can be used to order multiple new titles even if proprietorship is different.

3

Caveat requirements


Caveatable interest
Ensure that the interest claimed is a caveatable interest – refer to Section 137 Land Transfer Act 1952.

Show how the land, estate or interest claimed is derived from the registered proprietor.

If the interest being claimed is an agreement to mortgage, ensure that the date of the agreement is stated.

4

Consents required


Consents
Search the current title immediately before submitting any instrument that requires mortgagee, encumbrancee or caveator consents, eg easement, land covenant, so that any necessary consents can be obtained and included in the dealing.

5

Instrument incomplete


Always preview the instrument to ensure that all relevant pages are included and legible and irrelevant pages are excluded.

6

Clarify intention


Ensure that the intent of the registration is clear.

Examples where we have asked for clarification
A Certification under Section 223 Resource Management Act 1991 states that the subdivision has been approved subject to the creation of easements whereas the easements on the subdivision plan are set out in a schedule rather than a memorandum.

General information

Correct codes (instrument type)

As the code entered determines the instrument type and memorial template, it is essential that the correct code is used.

Attached images

Only pages relevant to registration should be attached as an image. A & I forms, bank instructions, private information, e.g. Driver's Licence and bank account details, should not be included.

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