Information for Lawyers and Conveyancers

The information on the pages below is designed to assist lawyers and conveyancers working in the Canterbury region, following the earthquakes on 4 September 2010 and 22 February 2011.

Canterbury Earthquake - Interim Land Transfer Act Procedures

In response to the major disruptions faced by Christchurch law firms as a result of the Canterbury earthquake on 22 February, Land Information New Zealand (LINZ) has put in place interim measures for certain Land Transfer Act procedures.

The key points for practitioners and their staff are outlined below. These arrangements will apply for the time being. LINZ will review its approach from time to time as the earthquake recovery effort progresses. Further communications on these matters will be issued as required.

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This information is also available as a PDF: Canterbury Earthquake - Interim Land Transfer Act Procedures (PDF 48KB)

Caveat lapsing process under s145 or s145A Land Transfer Act 1952

When a lapsing notice is served on a caveator pursuant to section 145 or 145A of the Land Transfer Act 1952, it must be delivered to the address specified in the caveat for that purpose. Following the recent earthquake events, it is likely that cases will arise where notices sent to Christchurch addresses cannot be delivered in the post or have not been received by the addressee.

In these circumstances there is a risk that caveats could lapse under the Land Transfer Act provisions without caveators or their lawyers even being aware that such action has been initiated. LINZ is therefore taking additional steps to make contact with the addressee (usually a designated law firm) to confirm delivery of the section 145 or 145A notice before taking action to record the lapsing of a caveat.

If, having made these inquiries, LINZ discovers that delivery of the notice was delayed or did not happen, a fresh notice will be sent where necessary and the lapsing timeframes will be calculated accordingly.

This approach is supported by the notice provisions of the Land Transfer Act 1952. If the ‘proof to the contrary’ provisions of section 240D(1) apply - ie the intended recipient establishes that delivery of the notice was delayed or not happen – this will override the usual rules as to deemed service.

Where it is practical to do so, lawyers who have relocated their firm or otherwise altered their contact details may also wish to consider filing a change of address for service with LINZ, for any specified caveats, pursuant to Regulation 28 of the Land Transfer Regulations 2002.

Compliance reviews under s164C(3) Land Transfer Act 1952

As all conveyancing lawyers will be aware, LINZ periodically undertakes compliance reviews to provide assurance that lawyers who certify e-dealing transactions hold the requisite supporting authority.

To facilitate this process, the Registrar-General of Land has authority under section 164C(3) of the Land Transfer Act 1952 to require such documentation to be produced for audit purposes. Review requests must be satisfied within 10 working days in order to comply with section 164C(4).

As many law firms affected by the earthquake will be unable to access client files to retrieve Authority and Instruction forms and relevant supporting material, LINZ has suspended routine compliance reviews for Christchurch lawyers for the time being. Reviews already initiated that were pending at the time of the 22 February earthquake have similarly been put on hold.

LINZ will monitor the situation and further advice on these matters will be provided when the compliance review programme resumes.

Procedures for lost or destroyed Authority and Instruction forms

A difficult issue facing some Christchurch lawyers is how to address the loss or destruction of firm records, where there is no possibility of retrieving client files from earthquake damaged premises.

The Registrar-General of Land is liaising with the New Zealand Law Society on the issue of lost Authority and Instruction forms in particular. Suitable protocols will be developed and further guidance on these matters will be provided to practitioners in the near future.

Feedback on other problems or issues

LINZ is very conscious of the considerable challenges Christchurch lawyers will be working through as they seek to resume normal conveyancing practice. We are keen to assist where possible and will continue to work with the New Zealand Law Society on these issues.

We would welcome feedback on the above matters or any other title registration issues or queries arising from the Canterbury earthquakes.

Please contact us to provide feedback to the Office of the Registrar-General of Land.

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