Find what you need to undertake your clients’ business easily and efficiently.
Transacting land transfers? Here you‘ll find references you need for all land dealings. Use our regulatory document search to quickly find regulations and guidelines. Consult user guidelines for e-dealing and e-search before working through the land registration process on Landonline. Avoid unnecessary delays by checking for common errors. You can also tap into advice on aspects such as handling supporting documents and what your options are when receiving rejections.
Buying ‘sensitive’ or high-value New Zealand assets on behalf of a client? You can check the fees, learn about the application process, search for helpful resources or review our library of Overseas Investment Office decision summaries.
Need to know more about Crown land processes? View the status and location of Crown pastoral land. Check the tenure review process for leases or check the standards and guidelines for acquiring Crown land.
Working with land that is part of a Treaty settlement? Consult the regulations and standards governing that govern administration and disposal of these resources.
Creating roads in subdivisions - transfer and dedication not permitted
The Registrar-General of Land has recently considered whether there is legal authority to dedicate or create roads by transfer when land is subdivided. The authorised process for creating a new road under the Resource Management Act 1991 (the Act) is to have the land vested as road upon deposit of the plan under section 238 of the Act. This requires the consent of any person with a registered interest in the land under section 224(b) of the Act. The approval of the plan by the local authority operates as conclusive evidence that the road has been authorised and accepted (see section 223(5)).
Creating road by transfer and dedication is not authorised under the Resource Management Act 1991 and is therefore not a permitted alternative to the statutory vesting process. It is also important to note that existing interests must be extinguished when land becomes road and title is cancelled. The consent and vesting process provided for under sections 224(b) and 238 of the Act is the appropriate mechanism for addressing existing interests and this cannot be avoided by having the land transferred and dedicated as road.
Changes under the new Land Transfer Act 2017
The Land Transfer Act 2017 (the Act), which came into effect on 12 November 2018, is modernising how land ownership is registered in New Zealand. Following consultation with stakeholders and the public the legislation was updated to become more accessible, maintain the certainty of property rights, and enable the register to be managed electronically.