A claim for compensation may be made under one of the following grounds:
- loss or damage as a result of an error, wrongful act or omission by the Registrar-General of Land (RGL) – section 58(1)(a)
- a failure or malfunction of a system or facility used to keep the register (such as Landonline) – section 58(1)(b)
- deprivation of land (e.g. by wrongful registration or unlawful alteration) – section 59, or
- loss or damage relating to a guaranteed search of a record of title - section 60
The procedure for making a claim is set out in sections 62 and 63 of the Land Transfer Act 2017. A claimant cannot commence proceedings in the High Court until they have filed notice with:
- the RGL (if the amount of the claim does not exceed $10,000)
- both the Attorney-General and the RGL if the amount claimed exceeds $10,000.
A claimant’s notice must be given at least 20 working days before they commence proceedings and must include:
- a statement that the notice is a claim for compensation given under section 62(1) of the Land Transfer Act 2017
- the date of the notice
- the amount of the claim, and
- the recipient of the notice.
If the amount of the claim does not exceed $10,000 the RGL may accept liability for payment of the whole or part of the claim, without requiring the claimant to commence the proceeding.
If the amount claimed exceeds $10,000, the Attorney-General and the RGL will then decide whether or not to admit the claim, in whole or in part. If the claim is refused, the claimant may choose to proceed with the action for compensation in the High Court.
Land Information New Zealand strongly recommends that anyone proposing to make a claim under these provisions seeks independent legal advice before doing so.
This is a general description of the procedure for making a claim for compensation under the Land Transfer Act 2017. For further information, contact the Office of the Registrar-General of Land - email firstname.lastname@example.org.