New Zealand's Land Title Registration System

Find out about the terms and processes for land title registration.


Important note

LINZ provides this information as a guide. It is not intended to constitute legal or other professional advice. If you require legal or other expert assistance, you should engage the appropriate competent professional. If you are in any doubt as to the meaning of any of these terms, you should consult a solicitor.

Land Transfer Act 1952

The majority of privately owned land in New Zealand is subject to the Land Transfer Act 1952, as amended. The Act and the Land Transfer Regulations 2002:

  • set out how title to land must be issued
  • provide for the registration of interests in land against land titles
  • give a guarantee of title by the State.

The Registrar-General of Land, part of LINZ's Regulatory Group, develops standards and sets an assurance programme for the land rights registration system.

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Registration process

There are two aspects of the process - electronic (e-dealing) and manual. The electronic system (e-dealing) is accessed by conveyancing professionals, who deal directly with each other and with LINZ through the internet using LINZ's Landonline service. The manual system relies on the physical submission of instruments ('lodgement') to LINZ.

The process requires the lodging and examination of instruments and other documents and recording their effect on the appropriate computer registers of title to land.

The entries in the computer registers are known as 'memorials' (where the record is of an instrument), 'notifications' (where the record is of a document, which is not an instrument), or 'entries' (where the document is required to be entered).

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Instruments

Instruments are printed or written documents, including maps or plans, relating to a dealing with land (eg transfers and mortgages). Instruments:

  • must be in the forms set out in Schedule 2 to the Land Transfer Regulations 2002, or in a form required by some other relevant Act or Regulation
  • may only be registered in the manner provided by legislation
  • take effect according to the date and time of registration.

Instruments are used in the manual system. In the electronic system, Landonline generates computer screen formats, which conveyancers populate with the information equivalent to that contained in instruments.

Nearly all instruments are lodged electronically through Landonline.

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Pre-lodgement check

Before a manual application can be 'lodged', the registration process requires instruments to be listed on a Survey and Titles Lodgement Form, with which the instruments must be lodged. If you are lodging a manual dealing, please check the details entered on the lodgement form to ensure that:

  • all title references are correct (the 'unique identifier' is either the title number or the registered number of a specific instrument)
  • instruments have been entered on the lodgement form in the sequence in which they are to be registered
  • any necessary reference to a prior dealing has been entered correctly
  • the fees are correct
  • a return postal address is shown
  • it includes the name and phone number of a person who is responsible for the documents and can be contacted for any matters concerning them.

To ensure that it is correct, each instrument should be carefully examined before being lodged.

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Preview & pre-validation

In the electronic system (e-dealing), one or all of the e-instruments can be checked by Landonline, before the conveyancers submit the dealing.

Find out more about preview and pre-validation:

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Lodgement

It became mandatory to lodge all e-capable instruments through Landonline on 23 February 2009. Manual lodgement will only be appropriate or permissible in rare circumstances.

The manual system of lodgement is by personal delivery, courier or post to the Hamilton or Christchurch LINZ processing centres. LINZ makes an image of the lodgement form and of the instruments and documents listed. A bar code is applied to all of them, allocating a 'unique identifier' (a combination of letters and numbers) and recording the date and time of receipt for processing, usually the commencement of the working day following receipt. The images are recorded in Landonline and LINZ returns the originals to the applicant.

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Requisitions

If a manually lodged instrument is not in order for registration, it may be rejected (sent back) or requisitioned (queried). In either case, LINZ gives a notice to the person who lodged it, which sets out what needs to be corrected.

In the case of a rejection, the defective instrument(s) must be corrected and the whole dealing re-lodged with a fresh lodgement form, when it is given a new set of unique identifiers.

In the case of a requisition, the dealing maintains its place in the queue of dealings waiting to be processed. The query raised by the requisition must be answered in the time specified. Once the requisition is answered satisfactorily, the dealing progresses.

Depending on the circumstances, a re-submission fee may be payable. Check the Landonline table of fees for more details.

Dissatisfaction with decision

If you disagree with a requisition or rejection you should contact LINZ on 0800 ONLINE (0800 665 463).

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Registration fees

Before lodging a manual application, find out the appropriate manual fee from the Landonline fees and charges. Electronic transactions are charged to the respective conveyancers, who hold credit accounts with LINZ.

Fees for lodgement, licences, searches and other matters are set by the Land Transfer Regulations and the Land Information New Zealand (Fees and Charges) Regulations 2003.

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LINZ processing centres

LINZ's five processing centres process survey and title transactions. If you order a copy of a land record, processing centre staff will handle your request. The Hamilton and Christchurch processing centres are New Zealand's designated land registry offices.

The five processing centres are located in:

  • Auckland
  • Hamilton
  • Wellington
  • Christchurch
  • Dunedin.

For addresses, check the details on the contact us page.

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New titles

New titles are created after LINZ approves and 'deposits' a survey plan produced by a surveyor. LINZ approves a survey plan when it is satisfied that the plan meets the required standards of accuracy. The plan is 'deposited' when an Order for New Title is lodged with LINZ.

The existing title is then cancelled and a new computer register created for each new parcel of land shown on the deposited plan.

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Completion of registration

Upon completion of a manual registration, LINZ will send a registration confirmation notice. For an e-dealing, Landonline will confirm that the registration has taken place.

If you have made a manual lodgement, you may wish to search the register to ensure that the instrument has been accurately recorded on the computer register.

If you detect any errors, you should contact LINZ on 0800 ONLINE (0800 665 463) as soon as possible.

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Enquiries

If you require more information about land title registration, please contact us.