Titles Requisition/Rejection Item List

Alterations

  • Have the alterations/annexures/deletions (made in ink) and initialled in accordance with Regulation 22(c) Land Transfer Regulations 2002.
  • Alterations - An article has been published in Landwrap which will help you to avoid future rejections - please see common e-dealing rejection reasons.

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Application requirements

  • Before this application can be advertised [....].

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Attestation/witnessing

  • Have the execution of this document witnessed.
  • Comply with Rule 113 Maori Land Court Rules 1994.
  • Have the witness to the execution of this document complete their attestation in accordance with Regulation 16(2) Land Transfer Regulations 2002.
  • Have attested in accordance with s166 Land Transfer Act 1952 or Regulation 16(4) Land Transfer Regulations 2002 as this instrument was executed overseas.
  • Have executed before a witness who is not a party to the instrument.
  • Have the execution of this instrument verified in accordance with Regulation 16(3) Land Transfer Regulations 2002. This requires either the executing party or the witness to make a statutory declaration using either Form 27 or Form 28 in the second schedule to the land Transfer Regulations 2002 before a person authorised to take such declarations.
  • Have the witness add his/her name, occupation and address legibly.
  • Have the declaration taken by a person authorised to take a statutory declaration under the Oaths and Declarations Act 1957.

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Attorney

  • An attorney cannot make a statutory declaration on behalf of another and therefore cannot apply for transmission.
  • As the attorney is executing on behalf of a trust comply with s31(7) or 31(7A) Trustee Act 1956.
  • Have the power of attorney deposited with LINZ in Landonline.
  • The attorney cannot execute this instrument as the power of attorney contains no specific authority for the attorney to benefit themselves.
  • The Company must appoint an attorney. Refer to s180 Companies Act 1993.

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Caveat requirements

  • Supply an address for service for the caveator.
  • s148 Land Transfer Act 1952 prevents the registration of this caveat.
  • A [....] is not a caveatable interest.
  • Connect the interest claimed with the registered proprietor (full name to be entered).
  • Provide a black and white diagram depicting the part the caveat affects or provide a reference to an LT plan or SO Plan.
  • Specify the date of the agreement to mortgage.

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Certificate of correctness

  • Have the certificate of correctness completed.
  • A company cannot certify correct, but may authorise a specific person to do so. Refer s164(2) Land Transfer Act 1952.
  • Show the capacity of the person signing correct.

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Certificate of non-revocation

  • Provide a certificate of non-revocation/declaration which is dated with the same or a later date than that of the instrument executed under the (enduring) power of attorney.
  • Supply a certificate of non-revocation/declaration under (enduring) power of attorney given by [....] to [....].

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Clarify intention

  • Clarify [....].

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Consents

  • As the easement being surrendered/merged is compulsory (see LT [......]) either produce the consent of the territorial authority to the surrender/merger, or register a revocation under s243(e) Resource Management Act 1991.
  • Produce the territorial authority approval to rights of way pursuant to s348 Local Govt Act 1974.
  • Have the consent of the [....] endorsed on or attached to the instrument.

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Easements

  • The [....] easement quoted in this instrument cannot be registered because [....].
  • The existing easements marked [....] on DP [....] must be shown on LT [....] or surrendered.
  • Have DP ####### referred to in the legal description lodged for deposit/approved as to survey.
  • Have LT ####### lodged for deposit.
  • As the easement created by this instrument is over only part of the land in ######## the area affected must be defined on a Deposited Plan.

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Estate

  • Have the nature of the estate shown.

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Execution

  • Have this instrument executed by [....].
  • Have this instrument executed by the mortgagee as the priority sum is being varied - see s102(3) Land Transfer Act 1952 and RGL ruling in Torrenstalk issue 28.
  • Include in the recital the NZ Gazette year and page number specifying the notification of the appointment of the liquidator or other evidence of appointment - See s233 Companies Act 1955, s259 Companies Act 1993 and Precedent 27 page 169 Notes (ii) of Butterworths Land Titles New Zealand Forms and Practice manual.

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Fees

  • Pay a form-approval fee of $[....].
  • Pay a further fee of $[....] as there are [....] operations in one instrument (refer Regulation 42 Land Transfer Regulations 2002).
  • Pay a further fee of $[....] for registration/notice/advertising/new titles fees.
  • Pay a re-submission fee of $40.89 on this document.
  • The re-submission fee is not payable on this document.

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Instrument code

  • Please resubmit this instrument using the correct instrument code for ##### being ####.

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Instrument incomplete

  • Have the following completed or deleted [....].
  • Have this instrument re-imaged so it is viewable in Landonline - see s28 Land Transfer (Computer Register and Electronic Lodgement) Amendment Act 2002.
  • As the caveator has consented to this instrument express the estate subject to Caveat ##########, as required by s147 Land Transfer Act 1952.

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Instrument not lodged

  • As the registered proprietors are joint tenants this instrument should be a transmission by survivorship.
  • As the registered proprietors are tenants in common this instrument should be a transmission to executors.
  • Lodge a [....].
  • Lodge an application for cancellation of JFH [....].
  • Instruments presented for registration must contain original signatures.
  • Lodge the original/prior Gazette Year #### Page ####.
  • Request a new appellation from the LINZ Help Desk for Area #### Survey Office Plan #### and attach to this instrument.

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Instrument not required

  • This instrument is not required to be registered because [....].
  • This instrument is not of a type which is capable of registration.
  • Please remove the confidential information attached to this instrument.

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Instrument number

  • The [....] number quoted in this [....] is incorrect and the intention is not clear - please amend.

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Joint family home requirements

  • As the affected title contains a large area provide a supporting declaration showing (i) what activities are carried out on the property (ii) whether the activities provide a means of income, and (iii) whether the dwelling house is being used exclusively or principally as a home (see s3(1)(e) of the Joint Family Homes Act).
  • Provide the consent of the applicant's spouse to the settlement.
  • Please delete one of the alternatives in clauses [....] and [....].

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Land covenants

  • Identify the land that has the benefit of the land covenant (s307 Property Law Act 2007). 
  • Have DP ####### referred to in the legal description lodged for deposit/approved as to survey.
  • Have LT ####### lodged for deposit.
  • As the land covenant created by this instrument is over only part of the land in ######## the area affected must be defined on a Deposited Plan.

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Legal description

  • Correct or complete the legal description.
  • Since this instrument shows that the land affected is only part of CT [....] complete the area and legal description panels.
  • Show whether the land affected is all or part of CT [....]. If part show area and legal description.
  • As the easement/land covenant created by this instrument is over only part of the land in ######## the area affected must be defined on a Deposited Plan.

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Life estate

  • Have the nature of the estate shown.

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Maori land

  • Have this instrument confirmed by the Maori Land Court/Registrar of the Maori Land Court.
  • Attach to this instrument either the confirmation of the Maori Land Court or evidence that confirmation is not required.

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New title cannot use

  • The amalgamated title requested cannot be issued as [....].

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Operative clause

  • Correct or complete the operative clause by [....].

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Order of registration

  • Re-lodge this dealing with the instruments in a registerable sequence, i.e. [....].

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Parties

  • Confirm that the transferee/mortgagee/lessee [....] is a legal entity, or amend their name and/or description.
  • Reconcile [....] in/on [....] with [....] in/on [....] or register a correction of name.
  • [....] is/are not the registered proprietor/s of CT [....].
  • Provide evidence of the change of name of the mortgagee from ###### to ######.
  • ######## will not be the registered proprietor of ######## following registration of the (prior) transfer in this dealing.

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Production

  • Produce a solicitor's certified copy, or the original, of a [....].
  • Produce the mortgagor's share certificate so that it can be noted with the mortgage - see s121(G) Land Transfer Act 1952. Send in to Land Information New Zealand, Hamilton Office, Private Bag 3028, Hamilton 3240.
  • Produce the mortgagor’s share certificate so that it can be noted with the mortgage - see s121(G) Land Transfer Act 1952.  Send to Land Information New Zealand, Christchurch office, PO Box  4721, Christchurch 8140.
  • Produce a Certificate under Section [....] of the [....] Act [....].

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Registration prevented

  • [....] prevents registration.
  • Caveat ####### has been sustained by Court Order and prevents registration.
  • Caveat ####### prevents registration. If Caveators Consent is obtained, have the instrument made subject to Caveat #### pursuant to s147 Land Transfer Act 1952.
  • This dealing meets the criteria for electronic lodgement.  Please withdraw the dealing from registration and re-lodge electronically.
  • Section 243(c) Resource Management Act 1991 prevents registration (compulsory easements to be created).

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Shares

  • Clarify the shares shown in [....].

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Statute not complied with

  • Comply with Section [...].

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Subdivision requirements

  • As Lot [....] LT [....] is to vest as [....] have the registered proprietor(s) consent to the deposit of the plan.
  • As LT [....] is a plan of a reclamation lodge a copy of the certificate issued under s245(5)(a)(ii) or s245(5)(b)(ii) Resource Management Act 1991 as required by s246(2)(b) of that Act.
  • As LT [....] is a plan of a reclamation lodge a Gazette Notice under s355(4) Resource Management Act 1991.
  • As the shape of the existing lease area has altered, Lease(s) [....] must be surrendered and new lease/s in terms of LT [....] must be registered. Obtain the necessary discharges/consents/withdrawals from [....]. NB each garage/carport/shed is required to be included in the lease of the particular flat with which it is desired to be used.
  • As the territorial authority approval to LT [....] has lapsed, provide a fresh approval under s223 Resource Management Act 1991 on a copy of the approved plan, and a fresh certificate under s224(c) Resource Management Act 1991, or provide an extension of the existing approval.
  • As the underlying title is settled as a Joint Family Home, lodge an application under s10(1)(a) Joint Family Homes Act 1964 to cancel the existing settlement and then lodge a new application to settle the Flat/Lot on LT [....] occupied by the applicants.
  • Before this dealing can be registered and the associated plan deposited have the underlying LT [....] deposited and titles issued in terms of that plan.
  • Comply with Part X Resource Management Act 1991. As this lease affects part of an allotment and is for a term of more than 35 years it constitutes a subdivision within the meaning of s218(1)(a) Resource Management Act 1991.
  • Comply with s224(c) Resource Management Act 1991 in relation to LT [....].
  • Comply with s224(f) Resource Management Act 1991 in relation to LT [....].
  • Comply with the amalgamation condition(s) endorsed on LT [....].
  • Either lodge consents of all adjoining owners endorsed on a copy of LT [......] or provide the names and addresses of all adjoining owners for the purpose of notices under s207 Land Transfer Act 1952, and pay a further fee of $4.09 for each notice.
  • Have the mortgagee in Mortgage [....] consent to the vesting of Lot [....] LT [....] as [....] or lodge a discharge of the mortgage as to that lot.
  • Have the territorial authority approve LT [....] under s223 Resource Management Act 1991 on a copy of the approved plan, and lodge a certificate under s224(c) Resource Management Act 1991.
  • Lodge a certificate under s240(5) Resource Management Act 1991 cancelling amalgamation covenant [....] in so far as it affects [....].
  • Lodge a certificate under s241(4) Resource Management Act 1991 cancelling the amalgamation condition on DP [....] in so far as it affects [....].
  • Lodge a Consent Notice under s221 Resource Management Act 1991.
  • Lodge a Covenant pursuant to s240 Resource Management Act 1991.
  • Lodge a transfer so that Lot [....] LT [....] is in common ownership.
  • Lodge an application under s4 Joint Family Homes Act 1964 to settle the additional land ([....]) as a Joint Family Home, or cancel the existing settlement over [....] under s10(1)(a) Joint Family Homes Act 1964.
  • Lodge an esplanade strip instrument in Form 31 of the Resource Management (Forms) Regulations 1991 as required by s224(g) Resource Management Act 1991.
  • Lodge an order for a new title to be issued for [....].
  • LT [....] is on requisition. Please re-lodge the documents after the survey requisition has been satisfied.
  • LT [......] is on requisition, this dealing cannot be processed until the survey requisition has been satisfied.
  • Have LT [....] lodged for deposit.
  • As Lot ### is to vest as ##### the easement/land covenant created by ######### should be surrendered or the consent of the owners of the dominant tenement and any mortgagee/encumbrancee must be obtained (refer s224(b)(i) and 238 or 239 Resource Management Act 1991).
  • As the Certificate of Title ###### is an Interim Title and the Adjoining Title #### is also Interim lodge the consent of the adjoining owners endorsed on a copy of LT #####.
  • This dealing cannot proceed until survey plan #######, lodged on ## / ## / ####, is approved as to survey.
  • When LT ######## has been approved as to survey there may be further items to comply with before this dealing can be registered.
  • Have the Territorial Authority reconcile the words "subject to the creation of the easements…" in the 223 Certificate with the Schedule of easements which is attached to the approved plan.
  • Have the Territorial Authority reconcile the 223 Certificate (which does not refer to the creation of easements) with the Memorandum of Easements attached to the approved plan.

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Term

  • The term of the sub-lease must expire prior to the expiry date of the head lease, which is [....].

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Title reference

  • Mortgage [....] also affects CT [....]. Either include this title in the discharge instrument or amend the instrument to a partial discharge.
  • Show the correct title reference.
  • Show the correct title reference as CT ######## is cancelled.

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Trust

  • Delete the reference to a trust in the description of the transferees as this contravenes s128 Land Transfer Act 1952.

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Trustees

  • The persons executing this instrument are not the current notified trustees of the [....]. Either have the instrument re-executed by the current trustees or file a new Return of Trustees for the society under s32 Friendly Societies and Credit Unions Act 1982.

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Unit Plan cancellation requirements

  • Lodge a discharge/withdrawal/surrender of Mortgage/Charge/Caveat/Lease [...] affecting title [....], as required by s45(3) Unit Titles Act 1972.
  • Lodge an application under s45(1) Unit Titles Act 1972 to cancel the unit plan in Form 5 in the First Schedule of the Unit titles Act 1972.
  • Produce evidence that all rates have been paid in respect of the units and common property and that any administrator has consented to the cancellation.
  • Produce evidence that the lessor has been notified of the intention to cancel the unit plan as required by s45(2) Unit Titles Act 1972.
  • Before the application to cancel can proceed, any dependent subsidiary unit development has to be cancelled first pursuant to Section 178 Unit Titles Act 2010.
  • Lodge an application under Section 177(2) Unit Titles Act 2010 (Form 20, Schedule 2 Unit Titles Regulations 2011).

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Unit Titles re-development requirements

  • Because the unit title development affected is a stage development and the re-development does not affect the complete plan a substituted proposed unit development plan is required.
  • Have the [....] in [....] consent to the deposit of LT [....] pursuant to s44 Unit Titles Act 1972.
  • Have the application for deposit made by the registered proprietors of all units (not just the units being redeveloped) pursuant to unanimous resolution.
  • Lodge a transfer pursuant to s44(5) Unit Titles Act 1972 of [....].
  • The new, enlarged or reduced units must be marked with letters or numbers not used on the original plan.
  • As the redevelopment affects units on the developed portion of an uncompleted stage development, lodge a substituted proposed development plan to replace the existing PUD plan.
  • Comply with Sections 223/224(c)/224(f) Resource Management Act 1991 in relation to LT [....].
  • Comply with Section 32(2)(a) Unit Titles Act 2010 in relation to LT [....] (Form 28, Schedule 2 Unit Titles Regulations 2011).
  • Lodge an application to deposit the amendment to the existing unit plan under Section 65(2) Unit Titles Act 2010 by the owners of the units having their boundaries adjusted (Form 2, Schedule 2 Unit Titles Regulations 2011).
  • Lodge a certificate by the body corporate under Section 65(4) Unit Titles Act 2010 (Form 31, Schedule 2 Unit Titles Regulations 2011).
  • Lodge a valuer’s certificate under Section 67(1)(b) Unit Titles Act 2010 (Form 6, Schedule 2 Unit Titles Regulations 2011).
  • Lodge an application to deposit Redevelopment Plan [....] under Section 68(2) Unit Titles Act 2010. (Form 1, Schedule 2 Unit Titles Regulations 2011).
  • Lodge a valuer’s certificate under Section 69(3) Unit Titles Act 2010. (Form 7, Schedule 2 Unit Titles Regulations 2011).
  • Lodge a certificate under Section 216 Unit titles Act 2010 with additional certification under Section 69(6). (Form 33, Schedule 2 Unit Titles Regulations 2011).
  • Lodge a Transfer pursuant to Section 57(1) Unit Titles Act 2010.
  • Lodge a discharge/withdrawal/surrender of [....] under Section 58(1)(b) Unit Titles Act 2010 prior to the Transfer.
  • Pursuant to Section 58(1)(c) Unit Titles Act 2010 the estate being transferred must be compatible with the stratum estate.
  • Pursuant to Section 58(3) Unit Titles Act 2010 lodge a certificate under Section 216 Unit Titles Act 2010. (Form 33, Schedule 2 Unit Titles Regulations 2011).

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Unit Titles stage development requirements

  • Have the application for deposit of the Substituted Proposed Unit Development Plan made by the registered proprietors of all units (not just the units being redeveloped) pursuant to unanimous resolution.
  • Have the words 'I further certify that the plan is consistent with the Proposed Unit Plan No.......' added to the certificate under s5(1)(g) Unit Titles Act 1972 endorsed on LT [....].
  • The units/accessory units shown on the Stage Development Unit Plan (LT [....]) are inconsistent with the Proposed Unit Development Plan (DP [....]). Please have a Substituted Proposed Unit Development Plan lodged.
  • Comply with Sections 223/224(c)/224(f) Resource Management Act 1991 in relation to [....] LT [....].
  • Comply with Section 32(2)(a) Unit Titles Act 2010 in relation to [....] LT [....] (Form 28, Schedule 2 Unit Titles Regulations 2011).
  • Lodge an application to deposit LT [....] under Section 24(2) Unit Titles Act 2010 (Form 1, Schedule 2 Unit Titles Regulations 2011).
  • The proposed unit development plan and the first stage plan are required to be deposited concurrently – s24(2)(a) Unit Titles Act 2010
  • Pursuant to Section 25(5) Unit Titles Act 2010 have the words “I further certify that the plan is consistent with the relevant proposed unit development plan” added to the certificate under Section 32(2)(a) Unit Titles Act 2010 (Form 28, Schedule 2 Unit Titles Regulations 2011).
  • Have the [....] in [....] consent to the deposit of [....] LT [....] under Section 32(1)(d) or 32(3)(a) Unit Titles Act 2010 or lodge a discharge/withdrawal/surrender of the mortgage/caveat/lease/encumbrance/charge.
  • Have the application to deposit made by the registered proprietor(s) of the FDU’s being developed into principal and accessory units and common property.
  • Lodge a valuer’s certificate under Section 32(2)(b) Unit Titles Act 2010 in relation to [....] LT [....] (Form 5, Schedule 2 Unit Titles Regulations 2011).
  • Lodge an application by the body corporate to deposit a substituted proposed unit development plan under Sections 30(2) and (3) Unit Titles Act 2010. (Form 1, Schedule 2 Unit Titles Regulations 2011). (Note this does not have to be accompanied by a stage unit plan).
  • Lodge a certificate under Section 216 Unit Titles Act 2010 (Form 33, Schedule 2 Unit Titles Regulations 2011) with additional certification under Section 30(8) by the body corporate if the land is stratum lease or licence).

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Unit Titles subdivision requirements

  • Comply with s5(1)(g) Unit Titles Act 1972 in relation to LT [....].
  • Have a valuer's certificate endorsed on a copy of LT [....] and signed.
  • Have the [....] in [....] consent to the deposit of LT [....] pursuant to s5(1)(f) Unit Titles Act 1972, or lodge a discharge/withdrawal/ surrender of the mortgage/caveat/lease.
  • Have the schedule of unit entitlements added to the plan data set.
  • Lodge an application to deposit LT [....] under s5(3) Unit Titles Act 1972.
  • LT [....] cannot be deposited and titles issued for the units shown thereon as the underlying title [....] is limited as to parcels.
  • LT [....] cannot be deposited and titles issued for the units shown thereon as the underlying land is not capable of being held in one certificate of titles because [....].
  • LT [....] cannot be deposited and titles issued for the units shown thereon as the underlying land is only part of the land in certificate of title [....].
  • The application to deposit LT [....] must allocate all the accessory units to a principal unit.
  • Have an order for new title/s attached to the image of the Unit Application.
  • Have the order for new title/s document withdrawn from registration and have attached to the image of the Unit Application.
  • Have the [....] in [....] consent to the deposit of LT [....] under Section 32(1)(d) Unit Titles Act 2010 or lodge a discharge/withdrawal/surrender of the mortgage/caveat/lease/encumbrance/charge.
  • Lodge an application to deposit LT [....] under Section 17(2) Unit Titles Act 2010 (Form 1, Schedule 2 Unit Titles Regulations 2011).
  • Comply with Section 32(2)(a) Unit Titles Act 2010 in relation to LT [....] (Form 28, Schedule 2 Unit Titles Regulations 2011).
  • Lodge a valuer’s certificate under Section 32(2)(b) Unit Titles Act 2010 (Form 5, Schedule 2 Unit Titles Regulations 2011).
  • Comply with Sections 223/224(c)/224(f) Resource Management Act 1991 in relation to LT [....].

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Unit Titles Subsidiary Plan Requirements

  • Lodge an application to deposit LT [....] under Section 21(2)(a) Unit Titles Act 2010 (Form 1, Schedule 2 Unit Titles Regulations 2011).
  • The application to deposit must be accompanied by a copy of the special resolution by the body corporate under Section 21(2)(b) Unit Titles Act 2010.
  • Have the [....] in [....] consent to the deposit of LT [....] under Section 32(3)(a) Unit Titles Act 2010 or lodge a discharge/withdrawal of the mortgage/caveat/charge/encumbrance.
  • Lodge a valuer’s certificate under Section 32(3)(b) Unit Titles Act 2010 (Form 5, Schedule 2 Unit Titles Regulations 2011).
  • Comply with Section 32(2)(a) Unit Titles Act 2010 in relation to LT [....] (Form 28, Schedule 2 Unit Titles Regulations 2011).
  • Comply with Sections 223/224(c)/224(f) Resource Management Act 1991 in relation to LT [....].
  • Pursuant to Section 20(5) Unit Titles Act 2010 lodge a certificate under Section 216 Unit Titles Act 2010 (Form 33, Schedule 2 Unit Titles Regulations 2011).

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Unit Titles Easement/Covenant Requirements

  • Lodge a certificate under Section 216 Unit Titles Act 2010 with additional certification under Section 62(6). (Form 33, Schedule 2 Unit Titles Regulations 2011).
  • Instrument [....] must include the body corporate certificate under Section 63(6) Unit Titles Act 2010 (Form 30, Schedule 2 Unit Titles Regulations 2011).

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Unit Titles Conversion of Existing Schemes Requirements

  • A notice of intention to subdivide into units is required to be lodged prior to the application to deposit pursuant to Section 195 Unit Titles Act 2010 (Form 24, Schedule 2 Unit Titles Regulations 2011).
  • Pursuant to Section 195(2) Unit Titles Act either attach a list of the persons on whom notice has been served and details of delivery or a sealed copy of the High Court Order prior to the application to deposit.
  • Have the [....] in [....] consent to the deposit of [....] LT [....] under Section 197(3) Unit Titles Act 2010 or lodge a discharge/withdrawal/surrender of the mortgage/caveat/lease/encumbrance/charge.

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