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New Land Transfer Act 2017 on 12 November

07 November 2018

The Land Transfer Act 2017 will come into effect on Monday, 12 November 2018.

The new Act, which repeals the Land Transfer Act 1952, makes a number of changes, including in terminology: "record of title" replaces "certificate of title".

LINZ has compiled a page of resources on the new legislation which outline the changes and new requirements.

Landonline unavailable over weekend

Land Information New Zealand (LINZ) says Landonline will not be available from 7pm Friday, 9 November until 6am Monday, 12 November, to make the changes required to support the new Act.

LINZ says due to how instruments containing images are compiled in Landonline, any part signed instruments with an image will have certifications and signatures cleared as at 12 November 2018. This is required to maintain the integrity of these instruments and to preserve non-repudiation.

This means that on Monday 12 November 2018 any part signed instruments with an attached image, will have reverted to a ‘Draft’ status in Landonline. So the instrument will need to be re-certified and signed.

Any instrument with an image that is fully signed will not be affected. So if any part signed instruments are fully signed before 5pm, Friday 9 November, their signatures and certifications will not be cleared.

Changes to Authority and Identity forms

From 12 November practitioners who certify electronic instruments must use new standards and directives.

Before making certifications relating to client authority and verification of identity, practitioners must satisfy the requirements set out in LINZS20018 Authority and Identity Requirements for E-Dealing Standard 2018 (Standard) and LINZG20775 Authority and Identity Requirements for E-Dealing Guideline 2018 (Guideline)

The Guideline describes two ways in which practitioners can satisfy the requirements for identity verification – ‘safe harbour’ and ‘equally effective means’.

LINZ says Safe Harbour is considered best practice, and when followed, constitutes reasonable steps for identity verification purposes.  It may not always be possible for practitioners to use the ‘safe harbour’, and instead they may choose to use an alternative method to verify identity, referred to as ‘equally effective means’.

Change to lodging paper instruments

Under the new Act, paper instruments are to be lodged by posting them to one of two LINZ offices - in Hamilton, or in Christchurch. Instruments can also be delivered in person to a LINZ drop box at the offices.

Giving notice to Registrar-General of Land

LINZ says there are a number of situations under the new Act when people need to give notice to the Registrar-General of Land. For example, a caveator is required to give notice they have applied for a court order for their caveat not to lapse; or someone who uses a right of way or other easement over someone else’s land will need to give notice that they object to their easement being extinguished.

Notice may be given to the Registrar by email to customersupport@linz.govt.nz, from a Landonline workspace, or by post to the Hamilton or Christchurch offices.

Last updated on the 16th September 2019