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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. |
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Introduction
Welcome to our third LANDinfoNET newsletter. We are
sure you will find the content of interest. To remain
up to date with the latest news from Land Information
New Zealand and the Ministry of Economic Development,
remember to check the "News
Flash" section of this website, where you will find
the latest information posted pending inclusion in the
next issue of the Newsletter!
There certainly is plenty going on in our world at the
moment. In most districts real estate figures are up
30% on the same time last year, which means an associated
increase in conveyancing activity. Landonline
has just launched in Auckland and we are already experiencing
delays in searching whilst the scanning process is being
completed. The Personal Property Securities Register
also came into force on the 1 May 02. We have therefore
been very busy registering new securities, pre-loading
existing securities and searching the register. Finally,
we are changing our name to LANDinfoNet Ltd on the 1
June 2002, which is an exciting time for us as it will
link our Hamilton and Auckland offices with our website.
We
are also looking ahead to the start of online registration
under Landonline, with a view to assisting you
in achieving the fastest response times for registration
without the need for you to subscribe to Landonline.
More information on this subject will follow in the
future, as we are working towards the process now.
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Personal
Property Security Register
The
Personal Property Securities Register (PPSR) came into
effect on 1 May 2002. We now have full online registration
and searching available on our website (click on the
PPSR button). Having dealt with the archaic and cumbersome
High Court Chattel Securities Index and Companies Register
of Charges for over 30 years, we are very optimistic
of the benefits the PPSR will ultimately bring!
Should
you wish to know more about the services we provide
for the PPSR and how they will affect your practice
or business, please do not hesitate to contact Janelle
Weir at our Auckland office on 0800 106 206 or Marian
Kempster in Hamilton on 0508 534 251. We can talk to
you about priorities, change of demand notices and any
other issues you may have.
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North
Auckland Registry Begins Conversion to Landonline
On
Monday, 22 April 2002, the North Auckland Registry commenced
processing registration under Landonline. This
means that all of LINZ's registries now operate under
the Landonline system.
The
North Auckland Registry is currently operating on a
36-hour turnaround for all search requests. In
light of this, we would strongly recommend to our clients
that requests for guaranteed searches take into account
this longer timeframe.
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Simultaneous
Lodgements Under Landonline
The
introduction of Landonline in the South Auckland
and North Auckland registries has resulted in significant
changes for the simultaneous lodgement of survey plans
and the legal documentation required to deposit them.
North
Auckland will no longer accept the simultaneous lodgement
of plans and legal documentation. The plan will need
to be approved as to survey before the legal
documentation can be lodged.
South
Auckland continues to accept the lodgement of both
the plan and legal documentation together. However,
there is no longer a 10 working day turnaround for
the approval of the plan as to survey and the issue
of new Certificates of Title.
Under
the Landonline system, it is no longer possible
for LINZ to check the plan and legal documents in
parallel. The Landonline system requires the
plan to be approved as to survey before the
legal documentation can be examined.
In December 2001, the South Auckland Registry advised
the following timeframes for simultaneous lodgements:
Therefore,
it was expected that a simultaneous lodgement would
take 33 working days to process.
However,
in February 2002, LINZ advised us that the following
timeframes could apply:
Therefore, it is conceivable that a simultaneous lodgement
could take up to 65 working days to deposit!
Although it is disappointing to report, we note that
a simultaneous lodgement processed within 33 working
days is the exception rather than the norm.
The
South Auckland Registry has advised that it will consider
written requests for urgency provided the simultaneous
lodgement is outside of the timeframes quoted in December
2001. Therefore, a simultaneous lodgement where the
surveyor is LINZ-Accredited will need to have been
with LINZ for more than 33 working days before
a request for urgency is considered.
We appreciate that this is a significant degradation
in LINZ's service, however, the timeframes are outside
of our control and influence. Should you wish to have
a simultaneous lodgement processed under urgency,
we would strongly recommend that the request come
from the instructing solicitor. We would also recommend
that the request set out how the delay in issuing
new Certificates of Title is impacting upon the subdividing
owner.
Written
requests to the South Auckland Registry should be
addressed to: The Regional Operations Manager, Mr
Kevin Knight, who can be faxed on: (07) 834 6788.
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Requests
for the Return of Duplicate Certificates of Title
Although
LINZ is prepared to return (in certain circumstances)
the original duplicate copy of a Certificate of Title
upon registration of a further dealing with the land
comprised therein, this offer is not available for all
titles. The criteria set out by LINZ for returning the
original duplicate copy of a title are as follows:
- A
request must be made in writing, either by, or on
behalf of, the registered proprietor. (Please note
that LINZ will not accept standard photocopied requests.)
- The
request must state why the duplicate title is of historical
interest. (For this reason, we would recommend that
either the registered proprietor or the instructing
solicitor prepare the letter. Although we are more
than happy to make the request on your behalf, we
will need to provide this information to LINZ.)
- The
request can only be made in respect of the older-style
certificates of title, for which LINZ holds the register
copies in bound volumes. This means that LINZ will
not entertain requests in respect of A4-sized duplicate
titles.
Please
do not hesitate to contact one of our Land Transfer
Consultants if you have any questions as to when a request
would be appropriate.
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Landonline
and Limitation as to Title
One
of our clients has raised an interesting question in
regard to Certificates of Title subject to the limitation
as to title and the Landonline process.
Previously,
when a certificate of title was issued subject to the
limitations as to title, it was necessary to
provide proof to the District Land Registrar that the
requisitions set out in the Registrar's Minutes had
been complied with in order to remove the limitation.
We recently received advice that the Registrar-General
of Land has ruled that such limitations have effectively
expired through the effluxion of time. As Landonline
rules mean that the latest version of a Computer Freehold
title will show only the current interests or restrictions
that the land comprised therein is subject to, we were
of the opinion that such titles should issue free of
the limited as to title.
As
this issue was of concern to our client, we attended
upon the District Land Registrar of the South Auckland
Registry and he confirmed the above position. Computer
Freehold versions of Certificates of Title currently
limited as to title will issue without being
subject to this limitation.
Please
note that this does not apply to Certificates
of Title limited as to parcels. The Computer
Freehold versions will continue to issue subject to
this limitation. The only way to remove a limitation
as to parcels is to have the parcel of land in
question re-surveyed.
Please
do not hesitate to contact one of our Land Transfer
Consultants if you would like more information on this
subject.
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Certificate
of Title References and Landonline
Prior
to Landonline, not all Certificate of Title references
were unique to all of New Zealand. Therefore, when dealing
with these Certificates of Title under Landonline,
it is necessary to distinguish between the various registries
by using a specific prefix (e.g. "SA" for South Auckland).
However, as the new Certificate of Title references
issued under Landonline are unique to all of
the Country, it is not necessary to add a prefix to
the number.
For
a simple rule of thumb:
-
If the Certificate of Title reference includes an
oblique (e.g. 147/623 or 46A/128) - a Landonline
prefix is required.
-
If the Certificate of Title reference is a string
of numbers (e.g. 12345) - a Landonline prefix
is not required
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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.
© 2002
LANDinfoNET Limited
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|
PREVIOUS
NEWSLETTERS
>
ISSUE 1 - 14 AUGUST 2001
> ISSUE 2 - 3 DECEMBER 2001 |
in
this issue
Introduction
Personal Property Securities
Register
North Auckland Registry
Begins Conversion to Landonline
Simultaneous Lodgements
Under Landonline
Powers of Attorney
& Landonline
Requests for the Return
of Duplicate Certificates of Title
Registration of an
Instrument Affecting Land In Separate Registries
Production of Duplicate
Leases Under Landonline
Notices of Claim under
The Property (Relationships) Act 1976
Landonline and
Limitation as to Title
Certificate of Title
References and Landonline
Pre-Allocated Plan
References Under Landonline
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Powers
of Attorney and Landonline
We have noticed recently that some of our clients
are attempting to deposit with LINZ photocopies of
powers of attorney certified as true and correct copies
by a solicitor of the High Court of New Zealand. We
have discussed this with both the South Auckland and
Wellington Help Desks, and have been advised that
LINZ requires an original copy to be lodged.
As
all registries are now processing under Landonline,
the original copy of the power of attorney will be
scanned by LINZ and the hard copy returned to the
firm who lodged the document for deposit.
Another
interesting feature of depositing a power of attorney
under Landonline is that the power of attorney
need only be deposited in one registry, even
if the attorney intends to execute instruments affecting
property of the donor held in other registries. This
is because all registries are able to access the power
of attorney after it is deposited under Landonline.
Please
note that this only applies to powers of attorney
deposited under Landonline. A power
of attorney deposited prior to a registry's conversion
to Landonline can only be used for the execution
of documents affecting property held in that registry.
It will not be possible, for example, for a power
of attorney deposited in the South Auckland Registry
prior to 5 November 2001 to be used by the attorney
to execute instruments dealing with property of the
donor held in the Wellington Registry.
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Registration
of an Instrument Affecting Land In Separate Registries
Occasionally, a legal practitioner will have a client
who wishes to deal with separate parcels of land held
in separate registries. For example: "A" may own land
in both the South Auckland and North Auckland registries
and want to mortgage both parcels to the same mortgagee.
Historically, this required the preparation of two mortgages,
each executed in duplicate.
Under
Landonline, however, it is possible to combine
both parcels of land in one instrument and lodge the
document for registration in one of the affected
registries. For example: under the above scenario, "A"
would execute a mortgage of all of his land,
with the mortgage referring to both Certificates of
Title. The mortgage could then be presented for registration
in either the North Auckland Registry or the
South Auckland Registry. For such a transaction, LINZ
would charge $38 to examine the mortgage together with
an additional $5 multi-title fee - i.e. $43 GST inclusive.
(As
the pre-Landonline system did not allocate Certificate
of Title references unique to all of New Zealand, we
would recommend that the instrument clearly show what
registry each title reference is in respect of).
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Production
of Duplicate Leases Under Landonline
In Issue
2 of our LANDinfoNET newsletter (dated
3 December 2001), we advised that the duplicate copy
of a lease registered prior to a registry's conversion
to Landonline would need to be produced when
dealing with the leasehold estate for the first time
under Landonline.This was an exception to the
rule that a duplicate instrument should not be produced
when further dealing with it under Landonline.
We are now pleased to advise that the Registrar-General
of Land has ruled that this will no longer be a requirement.
Therefore, it will no longer be necessary to produce
the duplicate copy of a registered lease when dealing
with it for the first time under Landonline.
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Notices
of Claim under the Property (Relationships) Act 1976
As from 1 February 2002, the Matrimonial Property
Act 1976 was amended by the Property (Relationships)
Amendment Act 2001 and became known as the Property
(Relationships) Act 1976. Of particular note is the
change to Section 42 of the principal Act:
Historically,
a person claiming an interest in land owned by their
spouse was able to lodge a notice of claim against
the appropriate Certificate of Title pursuant to Section
42. From 1 February 2002, this provision has been
extended to include the de facto partner of a registered
proprietor.
The
First Schedule of the Act, which provided the form
for a notice of claim under the Matrimonial Property
Act 1976, has been repealed. All notices of claim
executed after 1 February 2002 must be in the form
provided in Schedule 1 of the Property (Relationships)
Forms Regulations 2001.
Please
do not hesitate to contact one of our Land Transfer
Consultants should you require a copy of this form
to use as a precedent.
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Pre-Allocated
Plan References Under Landonline
With plan references pre-allocated by LINZ under the
Landonline system, the number pre-allocated will
be unique to that plan. This means that the prefix "S"
is no longer used when pre-allocating plan references
under Landonline in respect of land in the South
Auckland Registry.
A plan pre-allocated under Landonline is initially
given the prefix "LT". Once the plan is deposited, it
then has the prefix "DP". For example: a plan pre-allocated
under Landonline is given the number: "LT 306376".
Upon deposit of that plan, it is then referred to as:
"DP 306376".
When
preparing legal documentation in respect of a plan pre-allocated
under Landonline, please always refer to the
plan as being a "DP". This is because the plan will
be deposited by the time the documentation is registered
by LINZ.
Please
note that this is only in respect of plans pre-allocated
under Landonline. A plan pre-allocated prior
to the South Auckland Registry's conversion to Landonline
will retain the "DPS" prefix.
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