Notification of Re-Entry by Lessor

This page provides information about the registration requirements for the notification of the lessor's re-entry of the land under a registered lease.

A lessor under a registered lease may, in certain circumstances, be entitled to re-enter and recover possession of the leased property. Once this has occurred, either by process of law or in accordance with a power of re-entry in the lease, the lessor may then apply to the Registrar-General of Land (RGL) to have the re-entry notified on the register under section 98 Land Transfer Act 2017 (LTA). This operates to terminate the lease as provided in s 98(4) of the LTA.

LINZ Resources

The RGL previously produced a standard that set requirements for applications under section 121 of the Land Transfer Act 1952. The standard does not apply to applications made under section 98 Land Transfer Act 2017. There is no equivalent standard under the LTA 2017.

Making an application to notify re-entry on the records of title

Any application can be used provided it contains the information prescribed in the Land Transfer Regulations 2018. A suggested form of application (statutory declaration) has been approved by the RGL and is available as form 15 of the Approved Electronic Forms for the Land Transfer Act 2017.

It can be amended and adapted to suit the specific circumstances as required provided all prescribed information remains. 

The instrument code is REL.

The instrument may be lodged by e-dealing (image only instruments requiring certifications, A&I required).  Both the head title (fee simple record of title) and the record of title for the leasehold estate should be linked to the instrument.

If the application is made on the basis of a Court Order (possession order) that extinguishes the lease (under s 244 of the Property Law Act 2007), the application must be accompanied by a sealed copy of the Court Order itself.

Approved paper forms for the Land Transfer Act 2017 - LINZ LF01231