How to make a manual lodgement

Most instruments (documents) can be registered by lawyers and conveyancers (practitioners) electronically using Landonline. Instruments may be lodged manually (on paper) by:

private individuals and other customers who are not practitioners (e.g. banks, government departments, accredited suppliers), and
practitioners with dispensation.

E-dealing dispensation requests

This page provides general information about how to lodge an instrument (document) for registration with Toitū Te Whenua manually (by post) rather than electronically through Landonline. Because there are many kinds of instruments that may be lodged, and they have different legal and registration requirements and consequences, you may find that you still need legal advice. Toitū Te Whenua is unable to give you legal advice and this information does not constitute legal or other professional advice.

Terms we use

Some of the words we use below may be unfamiliar.

An instrument is a document which is being registered against a title, such as a transfer, easement, lease or covenant. Paper instrument means an instrument which is being lodged in a manual dealing.

Dealing is the word we use to describe an instrument or group of instruments being submitted to LINZ for registration. A dealing can include more than one instrument, for example, a withdrawal of caveat and transfer submitted together. A dealing is assigned a number (e.g. 12345678) and each instrument in the dealing will have a related number (e.g. 12345678.1).

Manual dealing means a dealing which is completed on paper and lodged with us for registration by post, courier or in person in our Hamilton or Christchurch offices. Manual dealings have different requirements than e-dealings, which are lodged by lawyers and conveyancers electronically using Landonline.

Our glossary includes more information about other terms.

Glossary

Instruments

If you wish to register an instrument with Toitū Te Whenua, that instrument must comply with any requirements of the legislation it is made under. Most paper instruments lodged will be instruments signed under the Land Transfer Act 2017 (LTA).

As well as the original signed instrument that you want registered (such as a transfer or caveat), you may need to provide other supporting information. More information about the different supporting documents that may be required is found below.

Prescribed information

If an instrument is registered under the LTA, the instrument will have prescribed information which must be included, which is referred to as “core” and “additional” information. The core and additional information for each instrument is found in the Land Transfer Regulations 2018 (Regulations) - see regulation 5 and Schedule 2.

The Registrar-General of Land has also provided approved forms for paper instruments. These forms are not compulsory but use of them will ensure that your instrument contains all the information required by the Regulations and the correct certification for that instrument.

Land Transfer Regulations 2018

Approved Paper Forms for the Land Transfer Act 2017 - LINZLF01231

If you wish to register an instrument under a different Act, the requirements for that instrument will depend on the requirements of the specific legislation. A specific form may be provided in the legislation. You should refer to that legislation in the first instance.

New Zealand Legislation

Certifications

Most paper instruments must also be ‘certified’ under regulation 14 of the Regulations. Schedule 3 of the Regulations sets out which certification is required for each instrument and who should give them. For example, depending on the nature of the instrument, this may be the applicant, the lessee, the mortgagee or the transferee.

If you have a practitioner (lawyer or conveyancer) acting for you, they may certify the instrument. Otherwise, the person who is specified in Schedule 3 of the Regulations must certify the instrument.

If you use the forms approved by the RGL, your instrument will contain the necessary certifications and will state who is required to sign the certification.

Witnessing and verifying identity

Most instruments will require the person who executes (signs) it to have their signature witnessed. A witness must not be a party to the instrument and must know, or establish the identity of, the person whose signature they are witnessing. A witness may be required to provide a statutory declaration.

Paper instruments are subject to the Identity Requirements for Paper Instruments Guideline 2018 - LINZG20776 (the Guideline). Section 1 of the Guideline sets out detail about the obligations of a witness, who should ensure they understand these requirements. This includes determining whether the transaction is ‘high risk’, which is addressed in section 4.2 of the Authority and Identity Requirements for E-Dealing Guideline 2018 - LINZG20775. If the transaction is high risk, additional identity verification is required.

Identity Requirements for Paper Instruments Guideline 2018 - LINZG20776

Authority and Identity Requirements for E-Dealing Guideline 2018 - LINZG20775

In some circumstances, all witnesses to an instrument must provide a statutory declaration confirming that:

the signatory signed the instrument in the presence of the witness,
the witness signed the instrument,
that the witness knows, or established the identity of, the signatory (with appropriate evidence should be attached), and
that the signatory appeared to be of sound mind and to sign the instrument voluntarily.

Schedule 3 of the Guideline sets out the types of paper instruments which require statutory declarations to be provided. This includes:

transfers of ownership
mortgages
correction/change of name
discharges, withdrawals and other instruments removing mortgages, caveats and other interests from the register.

A recommended form of statutory declaration by a witness is found at Schedule 1 of the Guideline.

A statutory declaration will also be required from a signatory if requested by the RGL (see section 2.3 of the Guideline and Schedule 2 for a recommended form of statutory declaration).

Non-individual parties

Statutory declarations are not required where the instrument is signed by a government agency, local authority, institutional chargeholder or public corporate, regardless of who the witness is.

Overseas witnesses

Declarations are not required where the instrument is signed overseas and has been witnessed in accordance with regulation 13(5) of the Regulations. See section 1.3.3 of the Guideline for more information.

Tax statements

If you are lodging a transfer, you need to provide tax statements for every transferor and transferee named in the transfer instrument. These will not be returned to you (unless the dealing is rejected).

More information about completing a tax statement

List of instruments which require property tax information

Manual dealing lodgement form

A manual dealing lodgement form is required for every manual dealing lodged with Toitū Te Whenua. You can download interactive and print versions of the form below:

Manual dealing lodgement form (interactive)

PDF

2.05 MB

Manual dealing lodgement form (print)

PDF

2.01 MB

Some tips for filling in this form:

Lodging firm or individual	Include the full name of the person lodging the dealing. This is also the person we will address the invoice for lodgement fees to.
Postal address/Email address/Phone number	Please provide an email address if possible, as well as your postal address. We will use your email address to send an invoice and documents will be returned by post. A phone number is useful in case we have questions.
Rejected dealing number	This only applies if you are resubmitting a dealing which has previously been rejected – please include the number on the barcode of the prior dealing.
Tax statement/s included	Please tick if you have provided tax statements. Don’t forget you need to provide one for each individual transferor and transferee so you will have multiple statements.
Priority order	If you have more than one instrument to register, the order you list them in is important as it tells us which to register first. See Priority below for more detail.
Title reference	Up to three titles can be typed in. If you have more than three affected titles, they can be included in a separate schedule attached to the form.
Type of instrument	There is a dropdown list of codes to choose from. A full list of instruments and their codes is found on our Instruments page. Instruments
Names of parties	Surnames should be entered
Instrument fees	Most instruments will have a lodgement fee of $180. Check our Fees pages to confirm which fee from the dropdown options applies. Land titles lodgement codes and fees A-G Land titles lodgement codes and fees H-Z
Notice fees	Some instruments, such as caveats, require notice fees to be paid. Check our Fees pages to confirm if a notice fee is required. If you select the number of notices required from the dropdown, this will automatically calculate. Land titles lodgement codes and fees A-G Land titles lodgement codes and fees H-Z
Fees	In the ‘Fees $’ column, the only item that is not automatically calculated is the “Less fees paid on Dealing #”. Enter any amount of fees you’ve already paid for a prior rejected dealing (this will automatically fill with any number entered in the Rejected Dealing Number field above the table).

Delivery of documents

Manual dealings can be lodged in either the Hamilton or Christchurch LINZ offices. They can be delivered in person to the drop box found in each office, couriered or posted.

Office locations and postal addresses

Receipt of documents

When a manual dealing is received at the Hamilton or Christchurch LINZ offices, it is entered into Landonline for processing. Generally, an invoice is generated for lodgement fees (see Payment of lodgement fees below).

The dealing will be given a ‘unique identifier’, in the form of a barcode. This also records the date and time of receipt as set out below. The digital images of the documents are retained in Landonline, and the originals returned to you once they are registered.

Priority

An instrument will be entered into Landonline as at 7.00am on the next working day following receipt, to give effect to the priority requirements of section 36 of the LTA.

A paper instrument will be lodged ahead of any other instrument relating to the same estate or interest that is lodged on that day.

If two or more instruments are being lodged together by the same person, it is important to understand what order they will be registered in. Instruments lodged together will be registered:

in the order specified in writing by the person lodging (i.e. in the order set out on the manual lodgement form), or
if no order is specified, in the order agreed in writing by the parties to the instruments or in the order determined by the High Court.

Instruments lodged at the same time but not together (i.e. by different people in relation to the same title or interest) will be registered:

in the order agreed in writing by the parties to the instruments, or
in the order determined by the High Court,

unless one of the instruments is a caveat. In that case, the caveat is treated as if it was lodged after the other instruments.

Payment of lodgement fees

The cost of manual lodgement varies for the kind of document being registered. Resubmission fees are no longer required for documents which have previously been requisitioned or rejected and are resubmitted.

Lodgement fees for manual lodgements delivered in person to the Hamilton or Christchurch offices can be paid in cash or by eftpos or credit card at the office. Customers with Landonline accounts will have lodgement fees deducted from their account. All other customers will receive an invoice for payment once their documents have been received.

Invoices will be emailed if an email address is provided, but will otherwise be sent by courier. It is important that lodgement fees are paid as soon as possible. Instruments will not be registered until lodgement fees have been paid and will be rejected if fees due remain unpaid.

Land titles lodgement codes and fees A-G
Land titles lodgement codes and fees H-Z

Processing of documents

Toitū Te Whenua will check to see if the documents submitted meet the legal and registration requirements. We endeavour to do this within 20-25 working days but this timeframe can vary. As part of this process, Toitū Te Whenua may contact the witness or signatory to the instrument (see section 3 of the Guideline).

If all requirements are met, the instrument will be registered. Toitū Te Whenua will send you confirmation of registration. This does not include a copy of the updated record of title, which you may wish to order afterwards, so you can review how the title has been changed.

Search for a title using Land Record Search

If some requirements have not been met, a dealing may be requisitioned (usually requiring amendment, or additional information) or rejected. Toitū Te Whenua will notify you in writing by post to tell you what needs to be supplied or corrected. You will be given a timeframe in which to do this.

Manual dealing requisitions and rejections

What happens if…

I want to withdraw an instrument

You can do this if the document has not been registered yet by sending a request to customersupport@linz.govt.nz. If you have already paid fees, these will be refunded and you will need to provide bank account details for your refund.