About Us
Contact Us
Frequently Asked Questions
What's New
Feedback
Home
LAND
PPSR
LANDinfoMAP
LINZ Approved Forms
COMPANIES
NEWSLETTER
First time visitor?
Our 5 Guiding Principles
Image viewing software setup
MS Word and Print forms
Pricing


N e w s l e t t e rMA r c h i v e
BACK TO CURRENT NEWSLETTER

n e w s l e t t e r
< MI S S U E M O N E M> MM < M1 4 M A U G U S T M 2 0 0 1 M>
As experienced registration agents, we constantly keep abreast of the latest news, rulings and services in relation to land and company information.
In this section, you will be able to access our monthly newsletters, which are packed with information useful to your practice.

Introduction
Welcome to our inaugural LandInfonet newsletter! We are sure that you will enjoy this valuable resource, which will keep you informed of the latest news, rulings and services offered by Land Information New Zealand (LINZ) and the Ministry of Economic Development (formerly the Companies Office).

Landonline Conversion

Background

Landonline is LINZ's new computerised registration and searching environment.
The Land Transfer (Automation) Amendment Act 1998 amended the Land Transfer Act 1952, establishing a national computer register and, ultimately, the lodgement of survey and land transfer documentation electronically.
LINZ is progressively converting its registries to the Landonline system (Core Record System 1 or CRS1), which impacts upon surveyors, legal practitioners and legal agents.


Registries Already Converted


At the time of writing this newsletter, the following registries have converted to the new environment:

Otago (OT) - Administered from the Dunedin office.
Southland (SL) - Administered from the Dunedin office.
Canterbury (CB) - Administered from the Christchurch office.
Westland (WS) - Administered from the Christchurch office.
Nelson (NL) - Administered from the Christchurch office.
Marlborough (MB) - Administered from the Christchurch office.
Wellington (WN) - Administered from the Wellington office.

The South Auckland registry (SA) is next on the list for conversion, with a commencement date tentatively set at 5 November 2001.

Certificate of Title Searches

Under the Landonline system, register copies of certificates of title are replaced with Computer Freehold Registers and Computer Interest Registers (e.g. leasehold interests).

Searches of these registers are broken into the following categories:

> Title Search - which shows the current interests registered against the land and provides a title diagram.

> Current View Search - which shows the current interests registered against the land, but does not include a title diagram. Such a search may be useful in a refinancing situation.

> Guaranteed Search - which shows the current interests registered against the land, provides a title diagram and, if applicable, provides a printout of any pending dealings with the land.

> Historical Search - which shows both the current and historical interests registered against the land, a title diagram and an image of the old paper title.

As we have invested in the requisite Landonline licenses and computer hardware, we are able to obtain any of the above searches on your behalf. Please do not hesitate to contact our staff should you have any queries as to what search would best suit your needs.

Registration

The on-line registration (or computer lodgement) of documentation (Core Record System 2 or CRS2) is still in the design phase. However, registration within the current Landonline environment (CRS 1) presents some changes you should be aware of:

> The duplicate title will still need to be produced for registration. However, the title reference will change by the addition of a prefix to the existing number. For example, Wellington title 10B/246 becomes WN10B/246 under Landonline. (The prefixes for each registry converted to Landonline are recited above in brackets under the heading "Registries Already Converted".) The duplicate title will be destroyed upon registration or rejection of the dealing, and an updated title showing only the current interests will be issued automatically in its place.

> When lodging a dealing, only a single copy of the document is required. It is therefore not necessary to produce mortgages or leases in duplicate, as LINZ will not retain any paper copy - Under Landonline it will image the document and return the same to the firm who produced it for registration.

> Stapling is the preferred method for binding multi-page documents. Please do not glue, stitch or bind them in any other fashion. As LINZ requires documents presented for registration to be flat, please do not fold them prior to registration.

> Once LINZ receives the documents they will go through an automatic document feeder to be scanned. This requires the documents to be on A4, standard weight paper (i.e. 80-100gsm), and executed in black or dark blue ink. LINZ will not keep a paper copy of any documents lodged as part of a registration. We note that under Section 20 Land Transfer (Automation) Amendment Act 1998 the Registrar has the power to return documents that are not capable of being imaged.

> Once documents have been scanned, they will be returned to you with a barcode endorsed on the back showing a DOC ID number. Please note that this is not the registration number of the document. The registration number of the document is in fact the small number at the top left hand corner of the sticker. When further dealing with a document registered under the Landonline system, this registration number should be referred to, not the DOC ID number.

> The preferred method for discharging mortgages or surrendering leases is to use a separate A4 form. Production of the duplicate copy of the affected mortgage or lease is not required. However, if the discharge or surrender has been endorsed on the duplicate copy of the mortgage or lease, it may be presented in that form. (Please feel free to continue to supply us with duplicate documents, as they are useful when checking registration. We will forward any superfluous documentation back to you.)

> Further dealings with registered documents do not require the duplicate copy of that document to be produced for registration (refer Section 17(3) Land Transfer (Automation) Amendment Act 1998).

> Dealings with existing leases will automatically generate a new leasehold title. This will be issued without fee. However, the registration of a new lease will require the new title fee of $131 to be paid in addition to the registration fee of the lease. LINZ has cited Section 7 Land Transfer (Automation) Amendment Act 1998 as its authority to levy this fee.

> New titles issuing under Landonline (e.g. from a subdivision) will differ in that they will be assigned a unique identifier, which is a sequence of numbers rather than the conventional alphanumeric reference. Each unique identifier is not pre-allocated to a specific registry, but is rather taken from a nationwide series. This is because there will ultimately be only one registry.

> Caveats present a challenge under Landonline. Although the smaller registries are now administered from a regional office (e.g. the Westland registry work is processed by the Christchurch office), it is still a requirement that a physical address for service on the caveator be provided within the original registration district. For example, a caveat lodged in the Westland registry will need to provide a physical address within that registration district, notwithstanding the fact that Christchurch will process the caveat. This difficulty has arisen as a consequence of Section 138 Land Transfer Act 1952 not being amended by the Land Transfer (Automation) Amendment Act 1998. (As we have a nationwide network of sub-agents in each registration district, we can provide the appropriate physical address on your behalf.)

If you have any questions regarding the registration procedure in the Landonline environment, please do not hesitate to contact one of our experienced Land Transfer Consultants for advice.
F a r e w e l l

Thank you for taking the time to read our newsletter.
We look forward to continuing to provide you with information that will be of value to your practice. Please do not hesitate to contact us if you have any questions or comments in regard to this newsletter - we would love to hear from you.

Disclaimer
Although every effort has been made to ensure the accuracy of the information within this newsletter, we are not liable for the results
of any action taken on the basis of the information given or any
errors or omissions.

© 2001 GRAHAM & GRAHAM LIMITED

BACK TO TOP

in this issue
Introduction
Landonline conversion:
-Background
-Registries already converted
-Certificate of Title searches
-Registration
Delegation of director's powers by way of power of attorney
Easements, leases and undivided shares in land Acceptable Australian Witness
Easement Memorials
Personal Property Securities Register
Acceptable Australian Witness
We have received advice from LINZ's South Auckland registry that an Australian witness described as a, "Current Practitioner within the meaning of the Legal Practice Act 1996" is an acceptable witness to the execution of Land Transfer documents.

Easement Memorials
LINZ has amended its memorial format for subject easements as from 2 July 2001. Instead of the memorial referring to the appurtenant lots, only the type of easement, its course, the creating (or specifying) document and the date and time of registration will be recited.

An example of the new format would be:
"Subject to a right of way over the part marked B on DP 123 specified in Easement Certificate 456.2 - 2.7.2001 at 10am"

(Please note that it is our understanding that LINZ will continue to note the appurtenant titles with an appropriate memorial.)

Delegation Of Director's Powers By Way Of Power Of Attorney
We have had a few instances recently where an individual (who is the director of a company) has delegated powers of attorney to a natural person. The attorney has, in turn, attempted to execute documents on behalf of the company that the donor is a director of. We advise that the District Land Registrar has refused to accept such executions for the following reasons:
1. The land in such cases is not the property of the director - it is the property of the company.
2. An execution by the director's attorney is not one of the methods of contracting prescribed by Section 180(1) of the Companies Act 1993.

Of course it is permissible for the company to delegate powers of attorney to natural persons.
Easements, Leases And Undivided Shares In Land
An interesting ruling by the Registrar-General of Land was published in the March 2001 issue of Torrens Talk.

It has been ruled acceptable for the registered proprietor of an undivided share in land to grant an easement over that undivided share, or for such a proprietor to acquire the benefit of an easement appurtenant to their share in land.

The authority cited for this ruling is the High Court decision U-Needa Laundry Ltd v Hill [2000] 2 NZLR 308. In this decision, the Court found it valid for the joint registered proprietors of a one-half share in land to grant a lease of their share to a third party without reference to their co-tenants. In this instance, the lessee did not enjoy exclusive possession of all the land, but rather shared it with the other tenants in common.

The Registrar-General of Land will therefore accept for registration easements and other dealings affecting undivided shares in land.
Personal Property Securities Register (PPSR)
The Personal Property Securities Act 1999 establishes a Personal Property Securities Register (PPSR), which will be a centralized, electronic register where notice of a security interest in personal property can be registered.

When the PPSR is fully functional, the current registration and searching processes for the Company and Chattel securities will cease to exist. The main advantages of the new register will be:

>A much wider range of security interests will be able to be registered than is currently possible

>The PPSR will be available 24 hours a day, 7 days a week.

We have been advised by the Ministry of Economic Development that the implementation date for the PPSR is 1 May 2002. From this date, a transitional period of six months will apply allowing for existing securities registered under either the Motor Vehicle Securities Act 1989, the Companies Act 1993, the Industrial and Provident Societies Act 1908 or the Chattels Transfer Act 1924 to be registered in the PPSR.

For existing registered security interests to retain their priority date under the PPSR (being the creation date of the security), these interests must be registered again within the transitional period. Although it is permissible to register the interest after the transitional period has elapsed, the priority date will become the date of registration on the PPSR.

We will keep you informed of the progress of the PPSR implementation. If you want to find out more about the PPSR, please feel free to contact us, as we will be happy to answer any of your questions.