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T006a
Description
Title affected must be live or part cancelled.
Explanation
Checks to make sure a title will have the appropriate status after an action has been run against it. If the title is live or part cancelled at the beginning or end of an action this rule will not fail.
T007
Description
Duplicate title not held by Toitū Te Whenua.
Explanation
Checks for estate types with paper duplicates and identifies restricted estate types and title types. The instrument steps down to Lodge if this rule fails.
T010
Description
A full discharge of encumbrance instrument must fully discharge the encumbrance.
Explanation
When an encumbrance is discharged a check is made that all titles that show the Encumbrance memorial in the current view are listed in the dealing as affected by the discharge. Instruments affected include CBLR, CCON, DBON, DCC, DCHO, DENC, DFBC, DLN, DM, DSLC, DTC, PDM, PENC, WNC and WX. This rule also runs for PDM or PENC in Share/Interest mode to make sure that a discharge as to a mortgagor or mortgagee affects all titles.
T013a
Description
Extinguished shares must equal created shares.
Explanation
Checks the shares being acquired match the number of the disposed shares.
T014a
Description
Checks Registered Owner names.
Explanation
Checks the new registered owner has either a family name or a corporate name.
T031
Description
Transmission by survivorship with Caveat.
Explanation
Checks whether there are any registered or pending caveat types lodged for the same title as transmission. This is to comply with the Succession (Homicide) Act 2007 and applies to all types of transmissions.
T032
Description
Dealing issuing new titles.
Explanation
Checks whether the dealing is issuing new titles. Instruments in the dealing will step down to Lodge if they affect new titles issuing from the dealing.
T033
Description
Non-standard memorial.
Explanation
Checks instruments that affect other instruments, such as a Transfer of Mortgage to understand if:
- the current memorial for each affected instrument is in a standard format. Memorials in a non-standard format, for example, Mortgage of Part, cannot be automatically updated
- there are multiple actions created by the affected instrument
- checks the number of affected titles equals the number of actions created by the affected instruments.
If these scenarios are found the instrument will step down to Lodge.
T034
Description
Māori land.
Explanation
Checks at submission whether any affected title in the dealing is potentially Māori Freehold land. Any instrument in the dealing with an affected Māori Land title will step down to Lodge.
T034a
Description
Māori land.
Explanation
Checks at submission whether any affected title in the dealing is potentially Māori Freehold land. Any instrument in the dealing with an affected Māori Land title will step down to Lodge.
T035
Description
Simultaneous lodgement.
Explanation
Checks at submission for other dealings with the same lodgement date and time and common titles. If another dealing is found the business rule will fail. Landonline adds an annotation to the dealing and it will step down to Lodge.
T036
Description
Instrument being discharged is affected by an existing instrument.
Explanation
Checks if the AIN instrument is subject to a sub-interest. For example, Mortgage.
Checks whether the instrument being discharged is affected by another current instrument. If affected, the instrument will step down to Lodge.
T037
Description
Check for missing Resulting Ownership records.
Explanation
Checks all details of any resulting ownership for the instrument such as T, TSM and CN are completed.
This rule runs at pre-validation, signing and submit. If the rule fails you cannot sign the instrument. You should contact Customer Support.
After you submit the dealing the rule also runs at the registration and authorise stages.
T039
Description
Transmissions with Restraining Orders.
Explanation
Checks whether the instrument has a Restraining Order under the Criminal Proceeds (Recovery) Act 2009 (CPA Act) registered against a title. If found the instrument will step down to Lodge.
T040
Description
Check on instruments linked to head titles that follow new title instruments.
Explanation
Provides a warning when an instrument is linked to a head title and that head title is linked to a prior new title instrument in the same dealing. Head titles are often cancelled because of being linked to new title instruments.
T043
Description
Transmissions with Charging Orders.
Explanation
Checks whether the title affected by the transmission is subject to a Charging Order. If found the instrument will step down to Lodge.
T046
Description
Tax statements omitted in Workspace.
Explanation
Checks the count of tax statements against the transferor or transferee counts. This depends on what role the current firm has in the instrument. For example, if the firm has no transferor role then only the transferee count is checked.
T046 will recognise the following scenarios as being exempt from checking:
- All titles associated with an instrument do not have any estate types in the System Code group that lists Title Estate types that require tax information.
- Template transfers where the mode selected is Lease/Mortgage/Other - Mortgage or Lease/Mortgage/Other - Other.
- Names in the Insert Names screen for which the Transfer of Land checkbox has been unchecked.
T048
Description
Tax statement details incomplete.
Explanation
Checks the structured data transferor and transferee details for the instruments against the Tax information details to make sure they match.
T050
Description
An instrument must affect at least 1 title.
Explanation
Checks that each instrument in the dealing affects at least 1 title.
T051
Description
Mortgage memorandum number must be correct for the mortgagee.
Explanation
Checks the instrument has a memorandum number entered and that the memorandum number is correct for at least 1 of the mortgagees.
This rule will fail at certify and sign when the Memorandum number field is blank, but if you add text to the instrument it will step down to Lodge and pass.
T052
Description
Check the mortgagee.
Explanation
Checks that the mortgagee instrument includes at least 1 mortgagee.
T053
Description
Checks the purpose of land.
Explanation
Checks if titles in the dealing have a purpose or are owned by His Majesty the King. The instrument steps down to Lodge if this rule fails.
T054
Description
Check signatures.
Explanation
Checks that each instrument has been signed for each role by a Conveyancing Professional (CP). This rule will not fail at submit if the CP is no longer associated with the firm and no longer has signing rights.
T055
Description
Check transferees.
Explanation
Checks there is at least 1 transferee included in the transfer instrument.
T056
Description
Compare encumbrancee names.
Explanation
Checks at least 1 encumbrancee is being discharged for the discharge instrument and that encumbrancee names entered are the same as the encumbrancee names stored for the instrument being discharged. This check does not check shares of the encumbrancees.
T057
Description
Check the existing instrument.
Explanation
Checks that:
- AIN exists, is the correct type and appears on all titles in the prepared instrument. This check is applied to title estates as well as current memorials on titles
- the instrument being discharged or withdrawn is current on all affected titles and the instrument is the correct type for the instrument. For example, when discharging a mortgage a Discharge of Mortgage has been used
- whether the affected instrument number is referenced in any prior full Discharge of Mortgage instrument with a non-final status.
T058
Description
Compare mortgagors against registered owners.
Explanation
Checks that:
- at least 1 mortgagor has been entered
- the mortgagor names match the registered owner names on the title including any pending transfers from the dealing
- all registered owners on the affected titles are named. This check includes any name suffix, alias, minor, date of birth and executor or administrator information.
If a new title is being issued from an instrument this rule will not run and the dealing will step down to Lodge.
T059
Description
Compare transferors against registered owners.
Explanation
Checks that:
- at least 1 transferor has been entered
- the transferor names match the registered owner names on the title
- all registered owners are named. This check includes any name suffix, alias, minor, date of birth and executor or administrator information.
If a new title is being issued from an instrument, this rule will not run and the dealing will step down to Lodge.
T061
Description
Check for Prevents Registration.
Explanation
Checks:
- all certifications have been made and there are no memorials on the titles that prevent registration of this instrument, unless a certification has been made to allow registration
- whether there is a s243c memorial, such as s243c of the Resource Management Act on the title. If one is detected and the instrument is a disposition of the land, for example, a Transfer, this rule will fail, but it will allow a mortgagee instrument to pass.
This rule detects missing certifications where the title details have changed after signing and or at submit.
T064
Description
Check transferee shares.
Explanation
Checks that the transferee shares add up to 1.
T065
Description
Check amalgamation covenants.
Explanation
Checks if any amalgamation covenants apply to any of the affected titles and checks all titles for the group of titles affected by the covenant are affected by the instrument.
T066
Description
Check memorial has been created.
Explanation
Checks that the instrument creates at least 1 historic view memorial.
T067
Description
Check for RGL Caveat.
Explanation
Checks whether an RGL Caveat exists on the title. The instrument steps down to Lodge if one exists.
T068
Description
Transmission from executor/administrator to another executor/administrator.
Explanation
Checks if the transmission is from a current executor to an administrator or from a current administrator to another executor or administrator and if an image, for example, authority has been attached to the instrument.
T069
Description
Check the number of names selected/entered for an instrument does not exceed 2048 characters.
Explanation
Checks that the number of names selected as affected and/or entered such as transferees in a joint tenancy does not exceed the maximum number of 2048 characters for the instrument.
If the number of names exceeds the maximum, the instrument must be lodged manually.
T070
Description
All mandatory fields must be completed.
Explanation
Checks all mandatory fields for instruments have been completed.
T071
Description
Trusts not entered.
Explanation
Checks that transferee names, mortgagee names and applicant names do not include the words trust or trustee unless the name is a recognised corporate name with Trust or Trustee in their name.
Any instances where these names are not recognised they will be checked by LINZ and added to the register.
T072
Description
Registered owner/interest holder must be selected.
Explanation
Checks at least 1 registered owner, transferor or mortgagor has been entered and/or selected for each title the instrument affects.
T073
Description
Applicant/New Name must be entered.
Explanation
Checks an applicant or new name has been entered for each title that a change of name affects.
T074
Description
JFH prevents dealing with less than a whole title.
Explanation
When there is a current Joint Family Homes (JFH) memorial on the current view of the title this checks that all registered owners are dealing with the land. If all registered owners are affected in the transfer the JFH memorial will be removed. If not, all registered owners are affected, this business rule will fail.
Checks if there are any prior instruments within the same dealing that will cancel the current JFH.
T075
Description
Affected instrument number must be valid.
Explanation
Checks that the affected instrument number exists on a least 1 affected title and is the correct type for the selected mode if applicable.
If the affected instrument number is pending the rule will fail, but the dealing can still be lodged behind the pending dealing.
T076
Description
All titles for the affected instrument number must be titles recorded against the new instrument.
Explanation
Checks:
- all titles the AIN affects are included in the prepared instrument. This check is applied to title estates as well as current memorials on titles
- all titles listed in the Create dealing screen for the new instrument have the affected instrument number as a memorial on the current view of the title
- for any prior PDM instrument within the same dealing that affects titles missing from the instrument.
T077a
Description
A new instrument has titles that are not titles for any affected instrument number.
Explanation
Checks all titles listed in the Create dealing screen for the new instrument are title references of the affected instruments selected.
T078
Description
Transferor/Interest holder for example, must match the encumbrancee of affected instrument.
Explanation
When the mode is Lease/Mortgage/Other this checks the registered owner/interest holder for the new instrument are the same as the registered encumbrancees for the affected instrument number or are encumbrancees created by a prior instrument in the same dealing.
T079
Description
Check title with no survivorship flagged.
Explanation
Check any title flagged as No Survivorship in the dealing to make sure all owners are dealing with the land. For example, 1 registered owner can't deal with their interest. This prohibits joint tenants from dealing with interests separately.
T080
Description
Check if different titles have different transferors, registered owners and more selected.
Explanation
Checks in Share/Complex mode that affected transferors, mortgagors, registered owners are the same across all titles affected by the instrument. For example, the same registered owners are dealing with the land.
T081
Description
Transmission type not allowed.
Explanation
Checks transmission type is appropriate for the ownership. For example, joint tenancy for transmission by Survivorship.
T082
Description
Image must be attached for a Lodge with image instrument.
Explanation
Checks at least 1 image has been attached to an image only instrument. For example, an instrument with a status of Lodge.
T083
Description
Instrument affects new mortgage in the same dealing.
Explanation
Checks if a new mortgage affects only some of the registered owners and is followed by a variation of mortgage within the same dealing. The variation of mortgage steps down to Lodge to enable LINZ to check them.
T084
Description
Applicant/New Name cannot be the same as the Registered Owner/Existing Name.
Explanation
Checks the:
- name of the applicant is not the same as the registered owner for a change or correction of name. This includes alias, name suffix, minor, date of birth, executive or administrator information
- new name is not the same as the existing name for a change or correction of name for a lease and mortgage.
T085
Description
Transferees in a joint tenancy cannot have the same name.
Explanation
Checks the same name including alias, name suffix and minor status is not entered multiple times in the same joint tenancy. For example, it recognises the difference between James Brown Senior, James Brown Junior and James Brown Minor.
T086
Description
Tenancy details completed correctly.
Explanation
Checks the tenancy details are completed correctly for each tenancy type, such as Sole or Joint Tenants, Tenants in Common, Combination.
T087
Description
Memorandum of Priority details must be unique.
Explanation
Checks rankings in relation to each title are sequential. If the instrument is Auto reg it also compares the existing priority of affected instruments on each title with the ranking of the instruments relevant to the titles to make sure the rankings are valid.
T088
Description
Transmission type of simultaneous deaths must affect all of a joint tenancy.
Explanation
Checks all registered owners checked as affected are part of a joint tenancy if the transmission type is Simultaneous Deaths Act 1958 or Joint Family Homes Act 1964 (Simultaneous deaths).
T089
Description
Check applicants for transmission type of Simultaneous Deaths.
Explanation
Checks the deceased names and applicant names are unique for each row. For example, the same executor is not recorded multiple times for the same deceased and share/interest.
T090
Description
Modified transferor/mortgagor shares must equal 1.
Explanation
Checks if shares for a transferor or mortgagor have been modified. For example, using the Change due to pending dealing checkbox. If they have been changed, checks the new transferor or mortgagor shares equal 1.
T091
Description
Transferred shares in a joint tenancy must be the same.
Explanation
Checks if there is a joint tenancy and when only some of the joint tenants are transferring their interest/share, checks that:
- the share being transferred is the same for all joint tenants, and
- the share is entered against all joint tenants transferring or is only entered against the last joint tenant that is transferring.
T092
Description
Applicants for TSM by survivorship must be all surviving joint tenants.
Explanation
Checks if the transmission is by Survivorship all the surviving joint tenants and only those joint tenants are the applicants.
T093
Description
Transferee shares entered are greater than the share owned.
Explanation
Checks the share entered is not more than the transferor owns.
T094
Description
Transferee/Applicant must be the same against all titles or affected instruments.
Explanation
Checks the transferee or applicant is the same for all affected instruments or all titles affected by the transfer or transmission.
T095
Description
Transferee with No Survivorship selected.
Explanation
Checks that a transfer with No Survivorship selected in the Additional Wording field in Part of Land/Complex mode has at least 1 joint tenancy in the transferee section.
T096
Description
Third Party transferor must have justification.
Explanation
Checks a transfer in Part of Land/Complex mode with a Third Party Transferor entered also has a Justification selected.
T097
Description
Mortgagee must match mortgagee for the affected instrument.
Explanation
Checks the mortgagee in the Variation of Mortgage or Memorandum of Priority instrument is the same mortgagee for the affected instrument.
T098
Description
JFH and Transmissions.
Explanation
Checks whether a transmission by Executor/Administrator, Company or Official Assignee contains a title with a current Joint Family Home (JFH) memorial or if there is an instrument within the same dealing cancelling a JFH.
T099
Description
Transferee/Applicant must have a Family name or Corporate name.
Explanation
Checks the transferee or applicant name has data in either the Family Name or Corporate Name field, but not both fields.
T115
Description
Māori Land titles require compliance with the the Te Ture Whenua Māori Act 1993.
Explanation
Checks for Māori Land titles and prevents registration unless a certification has been made.
T202
Description
Instrument only has a status of initiated.
Explanation
This warning only runs for the 1st instrument in the dealing. It provides an additional warning for dealings containing initiated plans.
T348
Description
10 Year (2nd Caveat) Check.
Explanation
For Caveat instruments this rule checks at pre-validation and submission if there are any A143, A145, S145, M143, M145, TPS, CO instruments on the affected titles.
If the title is less than 10 years old it will check prior title references until it has checked back to one that is more than 10 years old. If any of those instruments are found or it is otherwise unable to complete the check the rule will fail and step the instrument down to Lodge for checking by Toitū Te Whenua staff.