Information on Office Processes
- How can I get assistance to set up our office processes and procedures to cope with e-dealing? read answer...
Discharges
- I am discharging a mortgage but the mortgagee name is shown incorrectly on the mortgage? read answer...
Transfers
- Can a transfer under the Rating Powers Act, where there is a Court Order, be done by e-dealing? read answer...
Transmissions
- Do you still need a paper transmission as well as the statutory declaration? read answer...
- Is the Date Acquired field Date of Death? read answer...
- When you submit a Transmission as survivorship, is it AUTOREG? read answer...
Settlement Issues
- What happens if the Conveyancing Professional is not available to sign on settlement day? read answer...
- We have completed settlement but when I went to submit the dealing it was rejected. The other side is saying they have met their obligations and won't co-operate...what should I do? read answer...
New Titles
- I have a new title dealing. Do I have to wait for new titles to issue? read answer...
Requests
- Who can create a request to withdraw an instrument or dealing? read answer...
- Does the Titles – Trustee Change request type apply to both companies and private individuals? read answer...
- I was told that only one person can have Withdraw Dealing privilege, is that correct? read answer...
- In what instances would you use the request type of Titles - Dealing Correspondence? read answer...
- Why does the message "Message 20534 - You cannot send this request before the linked dealing has been submitted to LINZ." appear when I click "Send" on a request to clarify or review a rejection? read answer...
General information
- How do we find out who is our System Manager for Landonline? read answer...
- What is the timeframe for me to be notified that my LODGE dealing was rejected? read answer...
- Can you withdraw an instrument and re-lodge it in the same dealing, and is there an additional fee for doing this? read answer...
- Address for service of caveator – can an email address be entered as well as the name of who you want to receive it? read answer...
- As a Joint Family Home (JFH) notice is printed, do we also have to receive this by email? read answer...
- Do you still need to use the standard consent form, or can you use whatever you receive from the institutional charge holder? read answer...
- What happens to dormant dealings? read answer...
- Why does the attached image unlink when you change the order of the instruments in an e-dealing? read answer...
- Is there any chance the rules will be changed around adding trusts to the register? read answer...
- How can TA staff know that the conveyancer or solicitor has completed the registration? read answer...
Information on Office Processes
How can I get assistance to set up our office processes and procedures to cope with e-dealing?
Moving to e-dealing may have an impact on your day-to-day business processes.
The New Zealand Law Society website provides e-dealing Workflow Guidance to assist your firm to set up your internal processes to suit an e-dealing environment.
LINZ has developed a selection of business implementation tools across a range of commonly raised issues affecting firms, from sign off protocols to knowing compliance review policy, managing risk and how to process when Landonline is not available.
Discharges
I am discharging a mortgage but the mortgagee name is shown incorrectly on the mortgage.
This generally occurs where one bank has acquired another bank. There should be evidence of the takeover by way of a vesting or other such documentation that shows a clear successive linking.
Transfers
Can a transfer under the Rating Powers Act, where there is a Court Order, be done by e-dealing?
As the transfer requires the District Court or Council Seal, it would need to be a paper lodgment.
Transmissions
Do you still need a paper transmission as well as the statutory declaration?
A paper transmission is not required. A paper transmission by itself is not sufficient evidence of the practitioner's authority for the Registrar-General of Land's audit purposes. An A&I form and statutory declaration needs to be completed and held with any Death Certificate, Probate etc. The transmission instrument is prepared electronically using the e-dealing template. Refer to the Registrar-General of Land e-dealing Compliance Review information sheet - PDF 82KB, page 4.
Is the Date Acquired field Date of Death?
Survivorship – Date of Death is only applicable for this type of transmission
Executor/Administrator – date probate or Letters of Administration have been issued
Official Assignee – court order of adjudication is a prerequisite, enter the date of the court order in the Date Acquired field
Company – removed from the Register (Sec 324), or for an amalgamation (Part 13) date of the court order or resolution
Bona Vacantia – date of vesting to Her Majesty the Queen
When you submit a Transmission as survivorship, is it AUTOREG?
Yes, in most instances this will be AUTOREG but in the following cases it will step down to Lodge:
- If the Transmission was created in Complex/Exception mode
- If there is a Caveat, or pending Caveat against the title, which LINZ needs to check in terms of the Succession (Homicide) Act 2007 (note it will fail business rule T031)
Settlement Issues
What happens if the Conveyancing Professional is not available to sign on settlement day?
It is preferable to securely sign in advance of settlement and therefore a Conveyancing Professional may not be needed on settlement day. The instrument signed in advance can be Released by a Primary Contact as part of settlement. As an e-dealing cannot be submitted until all instruments in the dealing are Released, advance signing is a secure option.
The Authority and Instruction form (A&I) is addressed to the firm, allowing any Conveyancing Professional with certify and sign rights to be able to sign the instruments. It is not necessary to change the Conveyancing Professional named in the instrument for a substitute to sign.
We have completed settlement but when I went to submit the dealing it was rejected. The other side is saying they have met their obligations and won't co-operate...what should I do?
This should not occur if the pre-validate option is used prior to settlement and the dealing is submitted immediately following settlement. It depends on the reason for the rejection and whether it was a problem with the other side's documents. Contractually the vendor is obliged to pass clear title.
The same principles would apply if this occurred in the paper environment although there are more safeguards with e-dealing. The NZLS e-dealing consultant may be of assistance in these situations. Email e-dealing.consultant@lawyers.org.nz or phone 0800 885 510.
New Titles
I have a new title dealing. Do I have to wait for new titles to issue?
No. The dealing may be created as soon as the pre-allocated title numbers are known. A warning will display advising you that they are not live titles and by clicking OK you can proceed.
Requests
Who can create a request to withdraw an instrument or dealing?
Any user can create the request, but only a user with the "Withdraw Dealing" privilege will be able to "Send" a request to withdraw a dealing or instrument.
Does the Titles – Trustee Change request type apply to both companies and private individuals?
This request type is for notices under the Friendly Societies and Credit Unions Act, which advises LINZ of changes to the trustees who are authorised to sign on behalf of Friendly Societies and Credit Unions.
I was told that only one person can have Withdraw Dealing privilege, is that correct?
Multiple users in a firm can have this privilege. The System Manager can assign the privilege.
In what instances would you use the request type of Titles - Dealing Correspondence?
- Requests for extensions of time for requisitions
- Requests for fee extensions
- Any supporting documentation, e.g. correspondence/discussion with LINZ that occurred prior to the dealing being lodged
Why does the message "Message 20534 - You cannot send this request before the linked dealing has been submitted to LINZ." appear when I click "Send" on a request to clarify or review a rejection?
This message is telling you that the dealing needs to be LODGED with LINZ, i.e. not at a final status like rejected, withdrawn. Remove the dealing number and add that information to the Notes/Comments field. The dealing number in this instance is not a mandatory field.
General information
How do we find out who is our System Manager for Landonline?
Ask the Trusted Contact in your firm in the first instance, or ring 0800 support. The System Manager will have the 'System Manage' icon in their workspace tree.
What is the timeframe for me to be notified that my LODGE dealing was rejected?
LINZ standard processing times apply, i.e. 10 working days to complete a lodged dealing. The notice will be generated as soon as LINZ has completed the rejection details.
The Primary Contact who submitted the dealing will receive:
- online notification in My Messages folder and copy of the rejection notice
- an email rejection notice
A copy of the e-dealing with a new dealing number and the rejected icon will be displayed in the Workspace Tree.
Can you withdraw an instrument and re-lodge it in the same dealing, and is there an additional fee for doing this?
When an instrument is withdrawn, that particular instrument cannot be re-lodged in the same dealing, but another instrument of the same type can be added. Fees are not charged for the withdrawn instrument but will be charged for any new instrument.
Address for service of caveator – can an email address be entered as well as the name of who you want to receive it?
Section 137(2)(f) Land Transfer Act requires an address for service. Provision has been made in Section 240B(1)(e) Land Transfer Act that when this Act specifies that the Registrar must give a notice to any person but does not specify how it is to be given, the notice may be given by electronic mail or other similar means of communication if the person has nominated an email or similar address. You would need to make it clear that email is the preferred method of delivery for the notice.
As a Joint Family Home (JFH) notice is printed, do we also have to receive this by email?
No. If you update your notice preferences and uncheck the Email Optional column, you will only get the printed notice.
Do you still need to use the standard consent form, or can you use whatever you receive from the institutional charge holder?
The prescribed form should be used. It is acceptable to use a different form if the content is not materially different from the prescribed form. For an example of the consent form, refer to: Torrenstalk Dec 2002 Issue 23 - PDF 225KB
What happens to dormant dealings?
If you have an e-dealing that remains in Workspace for an extended length of time, Landonline sends a Dormant Transaction Reminder Notice to the Primary Contact. The Dormant Transaction Reminder Notice advises the date on which the e-dealing will be automatically deleted from Workspace. If the Primary Contact takes no action by this date, Landonline deletes the e-dealing and sends a Dormant Expiry Notice to all Primary Contacts and Conveyancing Professionals involved with the e-dealing.
If you want the e-dealing to remain in Workspace, edit and save the e-dealing. This resets the last modified date so that Landonline recognises it is no longer a dormant transaction.
Why does the attached image unlink when you change the order of the instruments in an e-dealing?
Changing the order of the instruments will not unlink an attached image. It will however unlink an attached image and clear any certification and signing if you edit the title reference in the enter titles screen by either adding a title or removing a title.
Is there any chance the rules will be changed around adding trusts to the register?
Not at this stage. The Land Transfer Act restricts the disclosure of trusts on the register.
You can add this information to A&I form but it cannot be entered on the Certificate of Title.
How can TA staff know that the conveyancer or solicitor has completed the registration?
TA staff should request the conveyancer/solicitor to either supply a copy of the title following registration e.g. a Post Registration Search (PRS), or other evidence that the change has been completed.