How to make a manual lodgement

This page provides a ‘step-by-step guide’ to manual lodgement of documents.

This page can only be a general guide. Because there are many kinds of documents that may be lodged, and they have different requirements, you may find that you still need legal advice. LINZ is unable to give you legal advice.

Nearly all instruments (documents) can be registered electronically using Landonline.

Currently memoranda and powers of attorney are the only documents which are not able to be electronically lodged and which must be lodged in a manual (paper) dealings (see Regulation 12 of the Land Transfer Regulations 2018).

Other instruments which would normally be registered electronically using Landonline by a practitioner (lawyer or conveyancer) may be lodged in a manual dealing by:

  • private individuals and customers who are not practitioners (e.g. banks, government departments, accredited suppliers), and
  • practitioners with dispensation

Steps:

  1. Work out what documents you need
  2. Complete the manual dealing lodgement form
  3. If needed, obtain a statutory declaration verifying identity
  4. If required, complete the Tax Statement form
  5. Deliver the original documents to LINZ
  6. Make payment
  7. Receive a confirmation that the documents are received
  8. Receive notification from LINZ whether the documents are complete
  9. Respond to any requests for further information or correction of documents
  10. Receive confirmation of registration on Landonline
  11. What happens if...

Important note: LINZ provides this information as a guide. It is not intended to constitute legal or other professional advice. If you require legal or other expert assistance, in particular to prepare or complete the document you wish to register, you should engage the appropriate competent professional. If you are in any doubt as to the meaning of any of these terms, you should consult a solicitor.

1. Work out what documents you need

  • You will need the signed original of the instrument (document) that you want registered.
  • You will need to complete a manual lodgement form – see step 2.
  • You may need to provide a statutory declaration from your witness- see step 3.

If you wish to lodge an instrument with LINZ, that instrument must comply with any requirements of the legislation it is made under. Most instruments lodged in a manual dealing will be instruments signed under the Land Transfer Act 2017 (LTA).

What's required to lodge an instrument with the New Zealand land registration system depends on the requirements of the specific legislation, you should refer to that legislation in the first instance. To search NZ legislation see NZ Legislation online.

Prescribed information

The prescribed information that is required for instruments signed under the LTA is found in the Land Transfer Regulations 2018 (the Regulations). The Registrar-General of Land (RGL) has also provided approved forms for paper instruments pursuant to section 227(4) LTA. These forms are not compulsory but use of them will ensure that your instrument contains all the prescribed information and certifications for that specific instrument.

See Approved paper forms for Land Transfer Act 2017.

Certifications

Most paper instruments must also be ‘certified’. The Regulations set out what certifications are required for each instrument and who should give them. For example, depending on the nature of the instrument, this may be the applicant, the lessee, the mortgagee, the encumbrancee or the covenantor.

If you have a practitioner (lawyer or conveyancer) acting for you, they may certify the instrument. Otherwise, the person who is specified in Schedule 3 of the Regulations must certify the instrument.

If you use the RGL's approval forms for paper instruments, your instrument will contain the necessary certifications and will state who is required to sign the certification for it.

Witnessing

Most instruments will require the person who executes (signs) it to have their signature witnessed. The witness must comply with regulation 13(3) of the Regulations and the Identity Requirements for Paper Instruments - Guideline 2018 LINZG20776 (the Guideline). This includes ensuring that the witness is not a party to the instrument, is present at the time the instrument is executed and that the witness verifies the identity of the person whose signature they are witnessing.

The witness should ensure they understand these requirements, which are set out in more detail in section 1 of the Guideline. This includes determining whether the transaction is ‘high risk’, which is addressed in section 4.2 of the Authority and Identity Requirements for E-Dealing Guideline 2018 - LINZG20775. If the transaction is high risk, additional identity verification is required.

The witness may also be required to provide a statutory declaration (see If needed, obtain a statutory declaration verifying identity below).

2. Complete the manual dealing lodgement form

Download and save a copy of the Manual dealing lodgement form at the end of this page.

You can then type into the document and save it as your own lodgement form.

Alternatively, you can request a paper form be mailed to you - call 0800 ONLINE (0800 665 463).

People who are not registered Landonline users need to complete these fields:

  • Private individual – use your full name
  • Address – your postal address
  • Your preferred method of payment (select at top right from these options)
    • Cheque/cash enclosed
    • Eftpos (this is only available if you are delivering your form in person to a drop box)
  • Rejected Dealing Number – only applicable if you are resubmitting a dealing which has previously been rejected.

Everyone lodging a manual dealing that contains a transfer needs to review these fields and complete as appropriate (refer to step 5;):

  • Tax Statement included – tick this box if you have provided tax statements

On the table itself, you need to complete these fields:

  • Record of Title reference (if you have more than three references to list here, use the ‘See Schedule’ option (contact LINZ on 0800 ONLINE (0800 665 463). Note: the order you enter these items is the order they will be registered.
  • Type of instrument – there is a dropdown list of codes to choose from (for a full list, see Instruments)
  • Names of parties [to the dealing] – surnames only is fine
  • Document fees – see the Landonline fees and charges tables
  • Resubmission – only if fees are payable for this
  • Notices – only if fees are payable for this.

In the ‘Fees $’ column, the only item that is not automatically calculated is the box by:

  • Less fees paid on Dealing# – enter fees you’ve already paid (note the Dealing# will auto-fill with any number entered in the Rejected Dealing Number field above the table).

The fees calculating function is able to cope with multiple use of the form – if you have a high number of instruments you seek to lodge. For more information about doing this, contact LINZ on 0800 ONLINE (0800 665 463).

3. If needed, obtain a statutory declaration (verifying identity)

In some circumstances, the witness to an instrument must provide a statutory declaration confirming that:

  • the signatory signed the instrument in the presence of the witness,
  • the witness signed the instrument,
  • that the witness knows, or established the identity of, the signatory (with appropriate evidence should be attached), and
  • that the signatory appeared to be of sound mind and to sign the instrument voluntarily.

The full list of the paper instruments which require identity verification and statutory declarations can be found at Schedule 3 of the Guideline.

This includes:

  • transfers of ownership
  • mortgages
  • correction/change of name
  • discharges, withdrawals and other instruments removing mortgages, caveats and other interests from the register.

A recommended form of statutory declaration by a witness is set out in Schedule 1 of the Guideline.

A statutory declaration will also be required from a signatory if requested by the RGL (see section 2.3 of the Guideline and Schedule 2 for a recommended form of statutory declaration).

Non-individual parties

Declarations are not required where the instrument is signed by a Government Agency, Local Authority, institutional chargeholder, public corporate, regardless of who the witness is.

Overseas witnesses

Declarations are not required where the instrument is signed overseas and has been witnessed in accordance with regulation 13(5) of the Regulations. See section 1.3.3 of the Guideline for more information.

4. Complete the Tax Statement form

If you are lodging a transfer of land you may need to provide tax statements for every transferor and transferee named in the transfer instrument. These will not be returned to you (unless the dealing is rejected).

Please refer to the Tax Statement information for more information about completing a tax statement. The Instruments page includes a list of instruments which require property tax information.

5. Post or deliver the original documents to LINZ

The LINZ offices that can receive manual lodgements are in Hamilton and Christchurch. You can deliver the documents in person to our drop box, or courier or post them – see our office addresses and contact details.

Priority of instruments

If an instrument is lodged manually, it will be treated as having been lodged on the working day after the date on which it is received by LINZ and before any other instrument relating to the same estate or interest that is lodged on that day. Where a caveat document is lodged manually by post or at a LINZ office it will be treated as having been lodged after any instrument lodged in the same manner on the same day.

Instruments lodged together will be registered:

  • In the order specified in writing by the person lodging (i.e. in the order set out on the manual lodgement form) or
  • If no order is specified
    • in the order agreed in writing by the parties to the instruments, or
    • in the order determined by the High Court.

Instruments lodged at the same time but not together will be registered:

  • in the order agreed in writing by the parties to the instruments, or
  • in the order determined by the High Court.

6. Make payment

The cost of manual lodgement varies for the kind of document – see Landonline fees and charges. You can enclose a cheque with your documents, or if you’re delivering them in person to the drop box, you will be able to pay with cash or by EFTPOS at the LINZ office.

7. Receive a confirmation that the documents are received

When your documents are received by LINZ, the lodgement form and all documents attached are scanned. They will be given a ‘unique identifier’, in the form of a barcode. This also records the date and time of receipt (usually the start of the working day following receipt). The digital images of the documents are retained in Landonline, and the originals returned to you, once they are registered.

8. Receive notification from LINZ whether the documents are complete

LINZ will check to see if the documents meet the legal requirements – LINZ endeavours to do this within 10 working days.

  • If they are complete, the lodgement will continue through to registration.
  • If they do not meet legal requirements, they may be queried (requisition) or sent back (rejection). A re-submission fee may be payable. See e-dealing requisitions and rejections list.

As part of this process, LINZ may contact the witness or signatory to the instrument (see section 3 of the Guideline).

9. Respond to any requests for further information or correction of documents

If your instrument cannot be registered, LINZ will notify you in writing to tell you what needs to be supplied or corrected. You will be given a timeframe in which to do this, which might make a difference whether you have to pay additional fees. See manual dealing requisitions and rejections for more information.

10. Receive confirmation of registration on Landonline

When the process is complete, LINZ will send you confirmation of registration. This does not include a copy of the updated record of title, which you may wish to order afterwards, so you can review how the title has been changed.

What happens if…

You decide to withdraw a manual lodgement partway through the process?

You can do this if the document has not been registered yet. You need to complete the Withdrawal of unregistered instrument/s form. You can apply to have fees refunded.

You find there has been an error in how the manual lodgement has been recorded against the land record?

Contact LINZ as soon as possible. We will check and correct as required. See correct a land record.

Last Updated: 26 June 2019