Consents – statutory land charges, charging orders and other consents

Where land subject to a statutory land charge or charging order is being transferred or otherwise dealt with, it will generally be necessary to either register a discharge or obtain the consent of the chargeholder.

When consent is required, the certifying practitioner must ensure they hold written evidence of consent before certifying the instrument in question.

If an instrument is lodged that does not display the consent certification but consent is required in terms of the tables below, the consent should be attached as an image to the instrument.

Which types of statutory land charges require chargeholder consents?

Statutory land charges created pursuant to the following legislation prohibits or restricts further dealings with the land and will require chargeholder consent:

Statutory provision

  • Section 14L Farm Ownership Savings Act 1974
  • Section 14M Home Ownership Savings Act 1974
  • Section 90 Local Government (Rating) Act 2002
  • Section 73 Public Works Act 1981
  • Section 74 Public Works Act 1981
  • Section 101C Public Works Act 1928 (repealed but still applies to existing SLC)
  • Section 107 Public Works Act 1981
  • Section 221 Public Works Act 1981
  • Section 96 Rating Act 1967 (repealed but still applies to existing SLC)
  • Section 162 Rating Powers Act 1988 (repealed but still applies to existing SLC)
  • Section 125 Social Security Act 1964 (repealed but still applies to existing SLC)

Note: A certificate under Section 221 of the Public Works Act (C221) also requires chargeholder consent.

Which types of charging orders require chargeholder consents?

Charging orders created pursuant to the following legislation prohibits or restricts further dealings with the land:

Legislation

  • District Court Rules
  • High Court Rules
  • Local Government (Rating) Act 2002
  • Rating Powers Act 1988 (repealed but still applies to existing charging orders)

Charging orders created pursuant to the Local Government (Rating) Act 2002 will require consent of the chargeholder (ie local authority (s104(a)) or leave of the Maori Land Court (s104(b)). However, charging orders created pursuant to District or High Court Rules must be discharged before the land can be dealt with (ie there is no provision for consent of the chargeholder).

Territorial authority consents

The consent of the territorial authority is required if a Surrender of Easement (SE, TSE, PSE), Variation of Easement (VE) or Merger of Easement (EE) affects a compulsory easement (ie the easement was included in the Memorandum of Easements on the title plan).

For more information on consents, refer to:

  • Consents – caveator to find out which instruments require chargeholder and territorial authority consents, and
  • Consents – mortgagee to find out which instruments require mortgagee/ encumbrancee or caveator/chargeholder consents.
Last Updated: 3 December 2018