Evidentiary requirements

The Certification of Electronic Instruments (Statutory Requirements and Retention of Evidence) Standard 2018 – LINZS20012 sets out the statutory requirements for what evidence must be retained for each instrument certified in an e-dealing.

When completing electronic transactions, practitioners certify that;

  • the practitioner has authority to act for the party and that the party has legal capacity to authorise the practitioner to lodge the transaction,
  • the practitioner has taken reasonable steps to confirm the identity of the person who gave the practitioner authority to lodge the transaction,
  • any statutory provisions specified by the Registrar for the class of instrument have been complied with
  • the practitioner holds evidence showing the truth of the certifications the practitioner has given and that the practitioner has retained that evidence for the prescribed period.

Evidentiary requirements vary from instrument to instrument.  These are specified by the Registrar-General of Land (RGL) in the Certificate of Electronic Instruments (Statutory Requirements and Retention Evidence) Standard 2018 - LINZS20012. More information about how this applies for each instrument, and what documentation must be provided during a compliance review, is set out below. In addition to the Standards’s evidentiary requirements for specific instruments:

  • each instrument may require prescribed information as set out in the Land Transfer Regulations 2018
  • approved forms for some paper and electronic instruments have been provided for the purposes of lodgement
  • evidence that the requirements of Te Ture Whenua Māori Act 1993 have been complied with is required for Māori land transactions
  • Consent may be required, and  
  • verification of identity documentation is required as set out in the Authority and Identity Requirements for E-Dealing Guideline 2018 – LINZG20775.

Regulation 7(6) of the Land Transfer Regulations 2018 requires that the documentation is retained for ten years from the date of lodgement.

Instrument

Legislation

Requirements

Application to Correct or Change Name

Section 21 Land Transfer Act  and regulation 17 Land Transfer Regulations 2018

The supporting evidence to be retained should include the following:

  • Authority & Instruction form(s) completed by the applicant(s) including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.
  • Copy of document evidencing the grounds for the application.  A statutory declaration may be necessary if the evidence is not self-explanatory or requires verification or expansion.

Refer to Applications to Correct or Change Names in the Register Guideline 2018 – LINZG20780 for more information.

Application to Record Boundary Change Resulting from Accretion or Erosion

Section 21 Land Transfer Act 2017 and regulation 17 Land Transfer Regulations 2018

The supporting evidence to be retained should include the following:

  • Authority & Instruction form(s) – applicant(s) including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.

Refer to Boundary Changes – Accretion and Dry Beds (Rivers and Streams) Standard 2018 – LINZS20013 and Accretion or Erosion Register Guideline 2018 – LINZG20783 for more information.

Application to Cancel Fencing Covenant or Agreement

Section 21 Land Transfer Act 2017 and regulation 17 Land Transfer Regulations 2018

The supporting evidence to be retained should include the following:

  • Authority & Instruction form(s) – applicant(s) including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.

Transfer Instrument

 

Section 73 Land Transfer Act 2017

 

The supporting evidence to be retained should include the following:

  • Authority & Instruction form(s) –transferor(s) (if acting for)
  • Authority & Instruction form(s) – transferee(s) (if acting for)

Including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.

Transmission Instrument

 

Section 87 Land Transfer Act 2017

 

The supporting evidence to be retained should include the following:

  • Authority & Instruction form(s) – completed by the applicant(s) including photo ID - this provides evidence of client identity and authority for the application component of the transmission.
  • Statutory declaration of the applicant(s).

The statutory declaration is separate supporting document that must be retained with the A&I form. The statutory declaration must refer to the relevant documents evidencing the event. The documents evidencing the event must be retained with the A&I form. Examples of documents evidencing transmission are as follows:

  • Transmission by Survivorship on Death of Registered Owner: Certified copy of the entry in the Register of Deaths.
  • Transmission to Executor or Administrator on Death of Registered Owner: Certified copy of Probate/Letters of Administration granted by the High Court of New Zealand to the applicant(s).
  • Transmission to Amalgamated Company pursuant to Part 13 Companies Act 1993: Copy of document(s) as specified in Transmission following Amalgamation of Companies Guideline 2018 – LINZG20784.

Application to Register Vesting under Enactment

 

Section 90 Land Transfer Act 2017

 

The supporting evidence to be retained should include the following:

  • Authority & Instruction form(s) – applicant(s) including a copy of any Power of Attorney and certificate of non-revocation, photo ID and consents etc., as appropriate.

Lease Instrument / Lease Variation / Lease Surrender

Sections 91, 92 and 94 Land Transfer Act 2017

 

The supporting evidence to be retained should include the following:

  • Authority & Instruction form(s) – lessor(s) (if acting for)
  • Authority & Instruction form(s) – lessee(s) (if acting for)

Including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.

Application to Note Merger of Estate or Interest

Regulation 18 Land Transfer Regulations 2018

The supporting evidence to be retained should include the following:

  • Authority & Instruction form(s) - the applicant(s)
  • Applicant(s) statutory declaration

Including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.

Application to Note Re-entry by Lessor

Section 98 Land Transfer Act 2017

 

The supporting evidence to be retained should include the following:

  • Authority & Instruction form(s) – applicant(s) including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.

                                       

Mortgage Instrument

 

Section 100(1) Land Transfer Act 2017

 

The supporting evidence to be retained should include the following:

  • Authority & Instruction form(s) – registered owner(s)/mortgagor(s), and

For an Institutional Chargeholder:

  • All pages of the signed letter of instruction [if the mortgagor, property identifier (i.e. record of title or street address) and priority amount is not mentioned in the letter, other relevant documentation should be supplied (e.g. a copy of the loan agreement)], or
  • Electronically signed letter of instruction issued by Propel-lc (such as those issued by Kiwibank Limited, AMP Home Loans Limited and NZ Home Lending Limited) or ANZ through its SOLD service.

NB: Where the letter of instruction is provided from a party who is not the chargeholder, provide evidence explaining the linkage (i.e. the chain of authority) between the authoriser and the chargeholder.

For a Private Chargeholder:

  • Authority & Instruction form(s) completed by the private mortgagee(s) including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.

Mortgage Variation / Mortgage Priority Instruments

 

Sections 101 and 102 Land Transfer Act 2017

 

The supporting evidence to be retained should include the following:

  • Authority & Instruction form(s) – registered owner(s)/mortgagor(s), and

For an Institutional Chargeholder:

  • All pages of the signed letter of instruction, or
  • Electronically signed letters of instruction issued by Propel-lc (such as those issued by Kiwibank Limited, AMP Home Loans Limited and NZ Home Lending Limited) or ANZ through its SOLD service.  

For a Private Chargeholder:

  • Authority & Instruction form(s) completed by the private mortgagee(s) including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc. as appropriate.

For a Mortgage Variation instrument, consent of a subsequent mortgagee [where s101(4) LTA 2017 applies] and consent of a submortgagee [s101(6) LTA 2017] must be obtained.

For a Mortgage Priority instrument, authority must be obtained from all mortgagees (including those gaining priority).  Consent of a submortgagee must be obtained where the head mortgage is losing priority ][s102(6) LTA 2017 applies].

Encumbrance Instrument

 

Section 100(3) Land Transfer Act 2017

 

The supporting evidence to be retained should include the following:

  • Authority & Instruction form(s) – encumbrancer(s) (if acting for)
  • Authority & Instruction form(s) – encumbrancee(s) (if acting for)

Including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.

Mortgage Discharge Instrument / Discharge Instrument to Release Charge or Record Cancellation or Expiry of Interest under Another Enactment

 

Sections 104 and 144 Land Transfer Act 2017

 

The supporting evidence to be retained should include the following:

For an Institutional Chargeholder: 

  • A copy of the completed paper Discharge, or
  • All pages of the signed letter of instruction from the chargeholder, or
  • A copy of the original email from the chargeholder (such as those sent via ANZ’s SOLD system) together with all pages of the letter of instruction, or
  • Electronically signed letters of authority issued by Propel-lc (such as those issued by Kiwibank Limited, AMP Home Loans Limited and NZ Home Lending Limited).

NB: Where the letter of instruction is provided from a party who is not the chargeholder, please provide evidence explaining the linkage (i.e. the chain of authority) between the authoriser and the chargeholder.

For a Public Corporate:

  • A copy of the completed paper Discharge

 For a Private Chargeholder:

  • Authority & Instruction form(s) including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.

Application to Register Discharge of Mortgage Securing Annuity or Rent Charge

Section 106 Land Transfer Act 2017

 

The supporting evidence to be retained should include the following:

  • Authority & Instruction form(s) – applicant(s) including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc.., as appropriate.

Easement Instrument to Grant or Surrender Easement or Profit à Prendre

Sections 108 and 109 Land Transfer Act 2017

 

The supporting evidence to be retained should include the following:

  • Authority & Instruction form(s) – grantor(s) (if acting for)
  • Authority & Instruction form(s) – grantee(s) (if acting for)

Including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.

Easement Variation Instrument to Vary Easement or Profit à Prendre

 

Section 112 Land Transfer Act 2017

The supporting evidence to be retained should include the following:

  • Authority & Instruction form(s) – grantor(s) (if acting for)
  • Authority & Instruction form(s) – grantee(s) (if acting for)

Including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.

Application to Record Merger or Extinguishment of Easement or Profit a Prendre / Application to Record Extinguishment of Redundant Easement

Sections 113, 114 and 115 Land Transfer Act 2017

 

The supporting evidence to be retained should include the following:

  • Authority & Instruction form(s) – applicant(s) including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc.., as appropriate.

Covenant Instrument to Note or Revoke Land Covenant

Section 116 Land Transfer Act 2017

 

The supporting evidence to be retained should include the following:

  • Authority & Instruction form(s) – covenantor(s) (if acting for)
  • Authority & Instruction form(s) – covenantee(s) (if acting for)

Including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.

Covenant Variation Instrument to Vary Land Covenant

 

Section 116 Land Transfer Act 2017

 

The supporting evidence to be retained should include the following:

  • Authority & Instruction form(s) – covenantor(s) (if acting for)
  • Authority & Instruction form(s) – covenantee(s) (if acting for)

Including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.

Notice to Register Statutory Land Charge

 

Section 118 Land Transfer Act 2017

The supporting evidence to be retained should include the following:

  • Documentation on behalf of the chargeholder evidencing that the notice is lodged under the provision of the enactment specified in the notice.

Certificate of Release of Statutory Land Charge

 

Section 120(1) Land Transfer Act 2017

 

The supporting evidence to be retained should include the following:

  • Authority & Instruction form(s) – chargeholder including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.

Application for Release of Statutory Land Charge

 

Section 120(3) Land Transfer Act 2017

 

The supporting evidence to be retained should include the following:

  • Authority & Instruction form(s) – applicant(s) including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.

Licence to Occupy / Surrender of Licence to Occupy

 

Sections 124 and 133 Land Transfer Act 2017

 

The supporting evidence to be retained should include the following:

  • Authority & Instruction form(s) – licensor(s) (if acting for)
  • Authority & Instruction form(s) – licensee(s) (if acting for)

Including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.

Notice of Cancellation, Revocation, or Rescission of Licence to Occupy

 

Section 132(1) Land Transfer Act 2017

 

The supporting evidence to be retained should include the following:

  • Authority & Instruction form(s) – licensor(s) including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.

Caveat / Withdrawal of caveat

Sections 138, 162, 174, 187 or 207 Land Transfer Act 2017, section 6(1) Joint Family Homes Act 1964 or 195(3) Unit Titles Act 2010 and withdrawal of caveat under section 144 Land Transfer Act 2017

The supporting evidence to be retained should include the following:

  • Authority & Instruction form(s) – caveator, or
  • Written confirmation from the caveator (by email, letter, file note or other documentation) that the practitioner is authorised to act for the caveator.

Application for Lapse of Caveat Against Dealings

 

Section 143 Land Transfer Act 2017

 

The supporting evidence to be retained should include the following:

  • Authority & Instruction form(s) – applicant, including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID etc., or
  • Written confirmation from the applicant (by email, letter, file note or other documentation) that the practitioner is authorised to act for the applicant (note restrictions of section 144 Land Transfer Act 2017 for withdrawal of caveat).

Notice of Claim

 

Section 42(2) Property (Relationships) Act 1976

The supporting evidence to be retained should include the following:

  • Authority & Instruction form(s) – claimant, or
  • Written confirmation from the claimant (by email, letter, file note or other documentation) that the practitioner is authorised to act for the claimant.

Application for Record of Title Based on Adverse Possession

 

Section 155 Land Transfer Act 2017

 

The supporting evidence to be retained should include the following:

  • Authority & Instruction form(s) – applicant, including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.

Refer to Adverse Possession Guideline 2018 - LINZG20778 for more information.

Application to Bring Land under Act

 

Section 172 Land Transfer Act 2017

 

The supporting evidence to be retained should include the following:

  • Authority & Instruction form(s) – applicant, including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.

Refer to Application to bring land under the Act – Dry Riverbeds and Streambeds Guideline 2018 - LINZG20782 for more information.

Application for Record of Title to Access Strip

Section 185 Land Transfer Act 2017

 

The supporting evidence to be retained should include the following:

  • Authority & Instruction form(s) – applicant, including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.

Application for Freehold Estate in Land with Limited Record of Title

 

Section 204 Land Transfer Act 2017

 

The supporting evidence to be retained should include the following:

  • Authority & Instruction form(s) – applicant, including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.

Refer to Adverse Possession Guideline 2018 - LINZG20778 for more information.

Application to Settle Land as a Joint Family Home

 

Sections 4, 5 or 12A Joint Family Homes Act 1964

 

The supporting evidence to be retained should include the following:

  • Authority & Instruction form(s) – applicant, including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.
  • Statutory declaration by the applicant(s) in Form 1 or 1A Joint Family Homes Regulations 1965 (as the case may require) – including a copy of the husband or wife’s consent [section 5(1) Joint Family Homes Act 1964]

Application to Cancel a Joint Family Home

 

Section 10(1)(a) Joint Family Homes Act 1964

 

The supporting evidence to be retained should include the following:

  • Authority & Instruction form(s) - the applicant(s) including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.

Instrument Creating Esplanade Strip

Sections 232 and 235 Resource Management Act 1991

 

The supporting evidence to be retained should include the following:

  • Authority & Instruction form(s) - the registered owner(s)
  • Authority & Instruction form(s) - the grantee (local authority)

Including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.

Instrument Creating Easement for Access Strip

 

Section 237B Resource Management Act 1991

 

The supporting evidence to be retained should include the following:

  • Authority & Instruction form(s) - the registered owner(s)
  • Authority & Instruction form(s) - the grantee (local authority)

Including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.

Covenant against Transfer, Lease or other Disposition

 

Section 240 Resource Management Act 1991

 

The supporting evidence to be retained should include the following:

  • Authority & Instruction form(s) - the registered owner(s)
  • Authority & Instruction form(s) – territorial authority 

Including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.

Application for Deposit of Unit Plan

 

Sections 17, 21, 24, 30 or 68 of Subpart 3 of Part 4 Unit Titles Act 2010

 

The supporting evidence to be retained should include the following:

  • Authority & Instruction form(s) - the applicant(s) including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.

Court Order

 

Sections 57, 89, 104, 105, 142 and 189 Land Transfer Act 2017

(including orders made under other enactments)

The supporting evidence to be retained should include the following:

  • Certified copy of the sealed court order.

Tax information

LINZ’s role is to capture property tax data in Landonline when properties are bought, sold or transferred.  LINZ passes that information onto Inland Revenue so that Inland Revenue can follow up on those who have property tax obligations. When conducting a compliance review, the LTA allows LINZ to request only the evidence showing the truth of a practitioner’s e-dealing certifications. Land transfer tax statements do not relate to e-dealing certifications and for this reason they must not be:

  • provided to LINZ, nor
  • attached to or scanned with the A&I form or other supporting documentation.

In addition, tax information must not be:

  • recorded on the A&I form, nor
  • attached to an instrument for registration.

Practitioners are required to retain tax statements for 10 years so that they are available if requested by Inland Revenue.

 

Last Updated: 8 August 2019