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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).
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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.
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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.
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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.
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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
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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.
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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.)
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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.
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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.
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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. |
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