Under s209 of the Land Transfer Act 2017, it is possible to register a memorandum setting out standard terms and conditions that may then be incorporated by reference in subsequently registered instruments.
Such memoranda are most commonly used in conjunction with mortgages and leases, but the same procedure can be used for other instruments like easements and encumbrances.
Process for approval and registration
Anyone who wishes to have a memorandum of standard terms and conditions registered may submit a draft of the proposed memorandum to the office of the Registrar-General of Land at LINZ for approval, as follows:
1: Email a copy of the proposed memorandum to CustomerSupport@linz.govt.nz
The subject line of your email should read “Memorandum for approval by the Registrar-General of Land”.
LINZ will review the memorandum and, if it meets requirements, a unique reference number is assigned for the proposed memorandum.
2: Prepare and sign two copies of the memorandum
Once the format and content for the proposed memorandum has been confirmed, you will be invited to prepare and sign two copies of the memorandum for final approval and registration.
3: Complete a Manual dealing lodgement form
Note that the memorandum cannot be lodged via Landonline.
Complete a Manual dealing lodgement form
- the instrument code is ‘MUM’
- the lodgement fee can be found here: Land titles instrument codes and lodgement fees H-Z
4: Email to the office of the Registrar-General of Land
Send the signed copies of the memorandum and the completed lodgement form to the office of the Registrar-General of Land.
5: Invoice and confirmation
LINZ will charge or invoice you for the lodgement fee.
You will be advised once registration is completed.
Upon registration, LINZ uploads the memorandum into Landonline, and its reference number is then available for selection when registering instruments that are to incorporate the standard terms and conditions set out in the memorandum.