This page contains the e-dealing specifications which applied prior to 12 November 2018.
Prior to the commencement of the Land Transfer Act 2017, the Registrar-General of Land (RGL) specified requirements for:
- statutory provisions to be complied with
- forms of electronic instruments, and
- evidence requirements for all classes of permissible electronic instruments,
by a specification notice published in a Supplement to the New Zealand Gazette on 26 September 2008 - No.144, pages 3925-3961.
The notice took effect on 29 September 2008, replacing the requirements for retention of evidence, statutory requirements, and transfer, mortgage and discharge specifications, in the respective Gazettes dated 14 November 2002 - No.166, page 4175, and 20 March 2008 - No. 63, page 1809. The notice was superseded by the requirements of the Land Transfer Act 2017, the Land Transfer Regulations 2018 and the Certification of Electronic Instruments (Statutory Requirements and Retention of Evidence) Standard from 12 November 2018.
The Gazette notice specified, in tabular form, the statutory requirements that applied to each class of instrument listed.
When a practitioner gave a certification under section 164A(3)(c) of the Land Transfer Act 1952 and Regulation 12 of the Land Transfer Regulations 2002, the practitioner was certifying that each of the statutory provisions specified had been complied with, or did not apply, as the case may be.
Forms of electronic instruments
The Gazette notice specified acceptable forms for the following electronic instruments:
- transfers, including mortgagee's power of sale
- easements and easement surrenders and variations
- mortgages and encumbrances, variations and changes of priority
- discharge instruments
- leases and licences to occupy, surrenders, and lease mergers and variations,
- corrections or changes of name
- notices of claim under the Property (Relationships) Act 1976
- settlement and cancellation applications under the Joint Family Homes Act 1964
- applications to deposit plans and issue titles under the Unit Titles Act 1972, and
- esplanade strips, easements for access strips and amalgamation covenants under the Resource Management Act 1991.
Requirements for retention of evidence
Section 164C of the Land Transfer Act 1952 required any practitioner giving a certification to retain evidence showing the truth of that certification.
Without limiting what may be considered adequate to show the truth of the certification, the practitioner may satisfy the obligation by keeping the evidence detailed in the table.
LINZS20002 Standard for verification of identity for registration under the Land Transfer Act 1952 set out the minimum requirements for verifying identity for the purpose of registering land transactions. This standard has now also been superseded following the commencement of the Land Transfer Act 2017.