The most common e-dealing rejection reasons with suggested prevention methods are outlined below.
Rejection reasons and suggested prevention methods are listed below:
- Recordof Title (RT) reference incorrect
- Instrument incomplete
- Subdivision requirements
- Caveat requirements
- Instrument not lodged
- Parties incorrect
- Consents required
- Instrument codes
Enter the correct title reference in instruments and check thoroughly.
|Image Only instruments||Ensure that the title references in the attached image instrument match title references in the Create dealing screen.|
|Subdivisions||All instruments lodged prior to OCTN should refer to the existing/head title reference. The OCTN should show the existing/head title reference and all new title references that will issue as a result of the subdivision. After registration of the OCTN, the existing/head title will no longer exist and therefore all instruments following the OCTN should not refer to the head titles.|
|Show the fee simple title reference and the new title, i.e. Record of Title - Leasehold.|
|Surrender of Lease and Variation of Lease||Show the fee simple title reference and the leasehold title reference.|
Note: All cross lease titles are affected by each lease so all title references need to be included.
|Always||Preview the instrument to ensure that all relevant pages are included and legible and irrelevant pages are excluded.|
Before a subdivision plan is lodged, it is important that the Solicitor discusses any issues with the Surveyor to make sure the plan lodged will support the documents that are intended to be registered.
If there are any unresolved issues regarding existing easements at the time the Surveyor is drawing the plan, then it is suggested that the Surveyor show all existing easements. The easements may then be surrendered at any time.
|Order of registration for subdivisions|
When registering transfers to bring new lots or part lots into common ownership, ensure that such transfers are placed prior to the OCTN in the new title dealing, and that such transfers show the existing title reference. The new title reference does not exist until after the OCTN (which issues the new titles).
Instruments under Section 223 and 224(c) Resource Management Act should be placed before the OCTN.
When lots on the new plan are to be vested, any discharge of mortgage required for that purpose should be placed ahead of the OCTN and should show the existing title reference.
When easements affect a new lot on a plan, wherever possible place the easement instrument after the OCTN.
NOTE: It is not necessary to lodge separate OCTNs when titles are to be issued in different proprietorships. One OCTN can be used to order multiple new titles even if ownership is different.
|Caveatable interest||Ensure that the interest claimed is a caveatable interest – refer to Section 138 Land Transfer Act 2017.|
Show how the land, estate or interest claimed is derived from the registered owner.
If the interest being claimed is an agreement to mortgage, ensure that the date of the agreement is stated.
|Always||Ensure that all the instruments required for the type of dealing you are completing have been lodged.|
|Example of instrument not being lodged|
Partial Discharge of Mortgage – Lodge a PDM as to Part Lot 10 DP 123456 (RT…….) before the boundary adjustment transfer and OCTN.
Boundary Adjustment Transfer - Lodge a transfer of Part Lot 10 DP 123456 from ABC's Orchard Limited (RT…….) to Moss Robin Noddy and Kara Agnes Noddy before the OCTN – this is to ensure that the new lot is in common ownership.
|Always||EI instrument - show the correct grantor in the grantor panel.|
T instrument - check that the correct transferor displays. If your instrument follows a prior dealing or instrument that changes ownership. Use “Change due to Pending Dealing” to edit the transferor (if necessary).
|Consents||Search the current title immediately before submitting any instrument that requires mortgagee, encumbrancee or caveator consents, eg easement, land covenant, covenantor so that any necessary consents can be obtained and included in the dealing.|
|Always||As the code entered determines the instrument type and memorial template, it is essential that the correct code is used. Please refer to the Instruments page for a list of Instrument Types and Codes.|