Phone 0800 ONLINE (0800 665 463) Delivered by LINZ

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.

Application Requirements

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

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 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 shown in the attestation-clause that the execution is by an attorney (full name to be entered).
  • 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.

Attorney

  • An attorney cannot make a statutory declaration on behalf of another and therefore cannot apply for transmission.
  • Have the power of attorney or a copy thereof deposited with LINZ/ in Landonline.

Caveat Requirements

  • Supply an address for service for the caveator.
    • Section 148 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). As the caveator has consented to this instrument express the estate subject to Caveat [....], as required by Section 147 Land Transfer Act 1952. Provide a black and white diagram depicting the part the caveat affects or provide a reference to an LT plan or SO Plan.

Certificate of correctness

  • Have the certificate of correctness completed.

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.
  • Expand the certificate of non-revocation to include [....]
  • Supply a certificate of non-revocation / declaration under (enduring) power of attorney given by [....] to [....].

Clarify intention

  • Clarify [....].

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 Section 243 (e) Resource Management Act 1991.
  • Produce the territorial authority approval to rights of way pursuant to Section 348 Local Govt Act 1974.
  • Comply with the territorial authority's condition of consent to LT [......] by [....].
  • Have the consent of the [....] endorsed on or attached to the instrument.

Dates

  • Have [....] dated.

Easements

  • The [....] easement quoted in this instrument is not registerable because [....].
  • Have created the compulsory easements specified in the memorandum on DP/LT [....].
  • Have surrendered the [....] easement over [....] in so far as it affects Lot xxx LT [......], which is to vest as road, or obtain the consent of the dominant tenement.
  • The existing easements marked [....] on DP [....] must be shown on LT [....] or surrendered.

Estate

  • Have the nature of the estate shown.

Execution

  • Have this instrument executed by [....].

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 / merger / encumbrance / multi-title fees.
  • Pay a Re-submission Fee of $20.00 on this document.
  • The Re-submission fee is not payable on this document.

Instrument incomplete

  • Have the following completed or deleted [....].
  • Identify the land which has the benefit of the land covenant ( Section 126A Property Law Act 1952).

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 a surrender/merger of the easement [....].
  • Lodge an application for cancellation of JFH [....].

Instrument not required

  • This instrument is not required to be registered because [....].

Instrument number

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

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 Sec 3(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 [....].

Legal description

  • Correct or complete the legal description.
  • Have DP [....] referred to in the legal description lodged for deposit / approved as to survey.
  • 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.
  • The easement / land covenant created by this instrument must be defined on a Deposited Plan or in words only. Delete reference to the attached diagram and detach the diagram from the instrument.

Lodged in the wrong LINZ office

  • Lodge this dealing in the correct LINZ office for the [....] land district, which is in [....].

Maori Land

  • Have this instrument confirmed by the Maori Land Court / Registrar of the Maori Land Court.

New title cannot use

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

Operative clause

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

Order of Registration

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

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 [....].

Production

  • Produce a solicitor's certified copy, or the original, of a probate in the estate of [....].
  • Produce a solicitor's certified copy, or the original, of a marriage / death certificate.
  • Produce a solicitor's certified copy, or the original, of a certificate of incorporation showing the change of name.
  • Produce the mortgagor's share certificate so that it can be noted with the mortgage - see Section 121G Land Transfer Act 1952.
  • Produce a Certificate under Section [....] of the [....] Act [....].

Registration prevented

  • [....] prevents registration.

Shares

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

Statute not complied with

  • Comply with Section [...].

Subdivision Requirements

  • As Lot [....] LT [....] is to vest as [....] have the registered proprietor(s) sign the plan or on a copy of the approved plan.
  • As LT [....] is a plan of a reclamation lodge a copy of the certificate issued under Section 245 (5) (a) (ii) or Section 245 (5) (b) (ii) Resource Management Act 1991 as required by Section 246 (2) (b) of that Act.
  • As LT [....] is a plan of a reclamation lodge a Gazette Notice under Section 355 (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 Section 223 Resource Management Act 1991 on a copy of the approved plan, and a fresh certificate under Section 224 (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 Section 10 (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 Section 218 (1) (a) Resource Management Act 1991.
  • Comply with Section 224(c) Resource Management Act 1991 in relation to LT [....].
  • Comply with Section 224(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 Section 207 Land Transfer Act 1952, and pay a further fee of $6.00 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 Section 223 Resource Management Act 1991 on a copy of the approved plan, and lodge a certificate under Section 224 (c) Resource Management Act 1991.
  • Lodge a certificate under Section 240 (5) Resource Management Act 1991 cancelling amalgamation covenant [....] in so far as it affects [....].
  • Lodge a certificate under Section 241 (4) Resource Management Act 1991 cancelling the amalgamation condition on DP [....] in so far as it affects [....].
  • Lodge a certificate under Section 93 Transit New Zealand Act 1991 (or Section 346G (1) Local Government Act 1974) as this plan fronts a limited access road.
  • Lodge a Consent Notice under Section 221 Resource Management Act 1991.
  • Lodge a Covenant pursuant to Section 240 Resource Management Act 1991.
  • Lodge a transfer so that Lot [....] LT [....] is in common ownership.
  • Lodge an application for cancellation of JFH [....].
  • Lodge an application under Section 4 Joint Family Homes Act 1964 to settle the additional land ([....]) as a Joint Family Home, or cancel the existing settlement over [....] under Section 10 (1) (a) Joint Family Homes Act 1964.
  • Lodge an esplanade strip instrument in Form 18A of the Resource Management (Forms) Regulations 1991 as required by Section 224 (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.
  • As LT [....] was approved by the territorial authority prior to 1 August 2003 and Lot [....] has no frontage to a road comply with Section 321 Local Government Act 1974.
  • Have LT [....] lodged for deposit.

Term

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

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.

Trust

  • Delete the reference to a trust in the description of the transferees as this contravenes Section 128 Land Transfer Act 1952.

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 Section 32 Friendly Societies and Credit Unions Act 1982

Unit Plan Cancellation Requirements

  • Lodge a discharge/withdrawal/surrender of Mortgage/ Charge/Caveat/Lease [...] affecting title [....], as required by Section 45 (3) Unit Titles Act 1972.
  • Lodge an application under Section 45 (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 Section 45 (2) Unit Titles Act 1972.

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 Section 44 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 Section 44(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.

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 Section 5 (1) (g) Unit Titles Act 1972 endorsed on LT [....].
  • Lodge an order for new title for Unit [....] 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.

Unit Titles Subdivision Requirements

  • Comply with Section 5 (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 Section 5 (1) (f) Unit Titles Act 1972, or lodge a discharge/withdrawal/ surrender of the mortgage/caveat/lease.
  • Have the address of the body corporate shown on LT [....].
  • Have the schedule of unit entitlements completed on LT [....].
  • Lodge an application to deposit LT [....] under Section 5 (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.