If you have a claim which falls within the Guarantee of Title provisions of the Land Transfer Act 1952 you may be entitled to bring an action for recovery of damages against the Crown.
The claim may fall under one of the following grounds:
- Mistakes or Omissions by the Registrar-General of Land – section 172(a)
- Deprivation of land (eg by Land Transfer fraud) – section 172(b)
- Guaranteed Search – section 172A
The procedure for making a claim is set out in section 173 of the Land Transfer Act 1952. At least one month’s notice of any intended action for recovery of damages (stating the cause of action and amount claimed) must be filed with both the Attorney-General (via the Solicitor-General at the Crown Law Office) and the Registrar-General of Land in the first instance.
The Solicitor-General and the Registrar-General of Land will then decide whether or not to admit the claim, in whole or in part. If the claim is refused, the claimant may choose to proceed with the action for recovery of damages in the High Court.
Land Information New Zealand strongly recommends that anyone proposing to make a claim under these provisions seek independent legal advice before doing so.
This is a general description of the procedure for making a claim for compensation under the Land Transfer Act 1952. For further information, contact the Office of the Registrar-General of Land - email firstname.lastname@example.org