Land Transfer Act 2017 – Report on Submissions

LINZ has analysed submissions received during consultations on the Land Transfer Act 2017 secondary legislation and land title fees proposal. The report and summary of submissions is now available.

About the Land Transfer Act 2017

The Land Transfer Act 2017 (the Act) is intended to come into force on 12 November 2018. The Act preserves the Torrens land transfer system while modernising the law and producing efficiencies and ease of access to the law. Secondary legislation is required to support the Act.

Consultations held

LINZ received submissions on the Land Transfer Act 2017 draft regulations, standards and the directive during the consultation period of 5 March to 27 April 2018. LINZ also received submissions on the title fees consultation during 23 March 2018 to 30 April 2018

Report on Submissions

LINZ has analysed submissions received during both consultation periods. The Report on Submissions provides an overview of key issues that emerged in relation to exposure drafts of the standards and directive and analyses the issues raised in individual submissions as well as LINZ’s responses.

Summary of Submissions made on Land Transfer Act secondary legislation

The secondary legislation is required to support the Act. The regulations prescribe information required for transactions, certification requirements for electronic and manual dealings, and also matters carried over from previous regulations. 

The standards set minimum criteria which practitioners or the Registrar-General of Land’s delegates must meet for certain land transactions, whereas the directive is to issue absolute requirements for requisition periods.

LINZ received a total of 18 submissions from law firms, professional organisations, banks, individuals and government agencies. The Summary of Submissions document provides an overview of the feedback received.

Next steps

We are working on finalising the draft regulations, including the schedule to cover title fees. The final draft regulations will be referred to Cabinet for consideration and will need to be approved by the Governor-General. We expect this process to be completed so they are in place when the Act commences in November. A submissions analysis report for the regulations will be published around the end of September.

The Registrar-General of Land is revising the standards and the directive to reflect statutory requirements and the feedback LINZ has received. We expect the standards and directive to align with the introduction of the regulations.

Last Updated: 17 August 2018