The statutory and evidentiary requirements for electronic instruments vary from instrument to instrument.

Here is what you need to know about practitioners' certification obligations, the statutory requirements specified by the Registrar-General of Land (Registrar), and the evidentiary requirements for electronic instruments.

Practitioner’s certification obligations

When lodging an electronic instrument in Landonline, practitioners must certify that they:

  • have authority to act for the party and that the party has legal capacity to give the authority
  • have taken reasonable steps to confirm the identity of the party
  • have complied with any statutory requirements specified by the Registrar for the class of instrument, and
  • hold evidence showing the truth of their certifications (regulation 7(3)(a) to (d) of the Land Transfer Regulations 2018 (the Regulations).

Before making the above certifications, the statutory and evidentiary requirements specified by the Registrar in the Certification of Electronic Instruments (Statutory Requirements and Retention of Evidence) Standard 2018 (the Certifications Standard) must be satisfied.

Certification of Electronic Instruments (Statutory Requirements and Retention of Evidence) Standard 2018 - LINZS20012

Statutory requirements

Section 236(1)(d) and (e) of the Land Transfer Act 2017 (the Act) authorises the Registrar to specify requirements that must be complied with:

  • under the Act, or
  • in order to register or note any instrument or thing under another enactment. 

The statutory requirements specified by the Registrar are set out in Part 1 of the Certifications Standard.

Evidentiary requirements

The evidentiary requirements specified by the Registrar are set out in Part 2 of the Certifications Standard.  These should be read in conjunction with the Authority and Identity Requirements for E-Dealing Standard 2018 – LINZS20018 (linked below).

Practitioners must retain the evidence specified and produce it if the dealing is selected for compliance review in accordance with section 30 of the Act. 

It is worth noting, Schedule 2 of the Regulations may specify additional information and/or other documents to be included in or attached to an instrument lodged for registration in Landonline.

The following table provides further guidance on the types of evidence that will satisfy the evidentiary requirements specified in the Standard.  References to sections or regulations relate to the Land Transfer Act 2017 or the Land Transfer Regulations 2018 unless otherwise specified.

Instrument

Legislation

Evidence

Application to Correct or Change Name

Section 21 & regulation 17

  • A&I form(s) by the applicant(s) including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.
  • Documents evidencing the grounds for the application.  A statutory declaration may be necessary if the evidence is not self-explanatory or requires verification or expansion.

Additional guidance can be found in the Applications to Correct or Change Names in the Register Guideline 2018 – LINZG20780 (linked below).

Application to Record Boundary Change Resulting from Accretion or Erosion

Section 21 & regulation 17

  • A&I form(s) by the applicant(s) including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.

Additional requirements and guidance can be found in the Boundary Changes – Accretion and Dry Beds (Rivers and Streams) Standard 2018 – LINZS20013 and the Accretion or Erosion Guideline 2019 – LINZG20783 (linked below).

Application to Cancel Fencing Covenant or Agreement

Section 21 & regulation 17

  • A&I form(s) by the applicant(s) including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.

Transfer Instrument

 

Section 73

 

  • A&I form(s) by the transferor(s)
  • A&I form(s) by the transferee(s)

Including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.

Where the new and continuing trustees are signing an A&I form on behalf of a removed trustee pursuant to section 118(2) Trusts Act 2019, the following evidence must be retained with the A&I form:

  • A copy of the executed document(s) of appointment, removal or discharge of trustees, and
  • A statutory declaration by a continuing or new trustee under s117(1)(c) Trusts Act 2019 that the document was validly executed (linked below).

Transmission Instrument

 

Section 87

 

  • A&I form(s) by the applicant(s) including photo ID - this provides evidence of client identity and authority for the application component of the transmission.
  • Statutory declaration of the applicant(s).

The statutory declaration supports the applicable additional matters to be certified in regulation 7(4) and must be retained as evidence with the A&I form. The statutory declaration must refer to the relevant documents evidencing the event. The documents evidencing the event must be retained with the A&I form. Examples of documents evidencing transmission are as follows:

  • Transmission by Survivorship on Death of Registered Owner: Certified copy of the entry in the Register of Deaths.
  • Transmission to Executor on Death of Registered Owner: Certified copy of Probate granted by the High Court of New Zealand to the applicant(s).
  • Transmission to Administrator on Death of Registered Owner: Certified copy of Letters of Administration granted by the High Court of New Zealand to the applicant(s).
  • Transmission to Amalgamated Company pursuant to Part 13 Companies Act 1993: Copy of Certificate of Amalgamation and, where necessary, the Certificate of Incorporation. 

Additional guidance can be found in the Transmission following Amalgamation of Companies Guideline 2018 – LINZG20784 (linked below).

Application to Register Vesting under Enactment

Section 90 

  • A&I form(s) by the applicant(s) including a copy of any Power of Attorney and certificate of non-revocation, photo ID and consents etc., as appropriate.

Lease Instrument / Lease Variation / Lease Surrender

Sections 91, 92 & 94 

  • A&I form(s) by the lessor(s)
  • A&I form(s) by the lessee(s)

Including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.

Application to Note Merger of Estate or Interest

Regulation 18

  • A&I form(s) by the applicant(s) including a copy of any Power of Attorney and certificate of non-revocation, photo ID and consents etc., as appropriate.
  • Statutory declaration of the applicant(s)

Application to Note Re-entry by Lessor

Section 98

  • A&I form(s) by the applicant(s) including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.                              

Mortgage Instrument

 

Section 100(1)

  • A&I form(s) by the mortgagor(s), and

For an Institutional Chargeholder:

  • All pages of the signed letter of instruction [if the mortgagor, property identifier (i.e. record of title or street address) and priority amount is not mentioned in the letter, other relevant documentation should be supplied (e.g. a copy of the loan agreement)], or
  • Electronically signed letter of instruction issued by Propel-lc (such as those issued by Kiwibank Limited, AMP Home Loans Limited and NZ Home Lending Limited) or ANZ through its SOLD service, or
  • An unsigned letter of instruction issued by ANZ through its SOLD service together with a copy of the covering email (showing whom authorised the instrument).

NB: Where the letter of instruction is provided from a party who is not the chargeholder, evidence explaining the linkage (i.e. the chain of authority) between the authoriser and the chargeholder should also be retained.

For a Private Chargeholder:

  • A&I form(s) by the private mortgagee(s) including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.

Mortgage Variation / Mortgage Priority Instruments

 

Sections 101 & 102

  • A&I form(s) by the mortgagor(s), and

For an Institutional Chargeholder:

  • All pages of the signed letter of instruction, or
  • Electronically signed letters of instruction issued by Propel-lc (such as those issued by Kiwibank Limited, AMP Home Loans Limited and NZ Home Lending Limited) or ANZ through its SOLD service, or
  • An unsigned letter of instruction issued by ANZ through its SOLD service together with a copy of the  covering email (showing whom authorised the instrument).  

For a Private Chargeholder:

  • A&I form(s) by the private mortgagee(s) including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc. as appropriate.

For a Mortgage Variation instrument, consent of a subsequent mortgagee [where s101(4) LTA 2017 applies] and consent of a submortgagee [s101(6) LTA 2017] must be obtained.

For a Mortgage Priority instrument, authority must be obtained from all mortgagees (including those gaining priority).  Consent of a submortgagee must be obtained where the head mortgage is losing priority ][s102(6) LTA 2017 applies].

Encumbrance Instrument

 

Section 100(3)

  • A&I form(s) by the encumbrancer(s)
  • A&I form(s) by the encumbrancee(s)

Including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.

Mortgage Discharge Instrument / Discharge Instrument to Release Charge or Record Cancellation or Expiry of Interest under Another Enactment

 

Sections 104 & 144

For an Institutional Chargeholder: 

  • A copy of the completed paper Discharge, or
  • All pages of the signed letter of instruction from the chargeholder, or
  • A copy of the original email from the chargeholder (such as those sent via ANZ’s SOLD system) together with all pages of the letter of instruction, or
  • Electronically signed letters of authority issued by Propel-lc (such as those issued by Kiwibank Limited, AMP Home Loans Limited and NZ Home Lending Limited), or
  • An unsigned letter of instruction issued by ANZ through its SOLD service together with a copy of the  covering email (showing whom authorised the instrument).

NB: Where the letter of instruction is provided from a party who is not the chargeholder, please provide evidence explaining the linkage (i.e. the chain of authority) between the authoriser and the chargeholder.

For a Public Corporate:

  • A copy of the completed paper Discharge

 For a Private Chargeholder:

  • A&I form(s) by the private mortgagee(s) including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.

Application to Register Discharge of Mortgage Securing Annuity or Rent Charge

Section 106

 

  • A&I form(s) by the applicant(s) including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.

Easement Instrument to Grant or Surrender Easement or Profit à Prendre

Sections 108 & 109

  • A&I form(s) by the grantor(s)
  • A&I form(s) by the grantee(s)

Including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.

Easement Variation Instrument to Vary Easement or Profit à Prendre

 

Section 112

  • A&I form(s) by the grantor(s)
  • A&I form(s) by the grantee(s)

Including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.

Application to Record Merger or Extinguishment of Easement or Profit a Prendre / Application to Record Extinguishment of Redundant Easement

Sections 113 - 115

  • A&I form(s) by the applicant(s) including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc.., as appropriate.

Covenant Instrument to Note or Revoke Land Covenant

Section 116

  • A&I form(s) by the covenantor(s)
  • A&I form(s) by the covenantee(s)

Including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.

Covenant Variation Instrument to Vary Land Covenant

 

Section 116

  • A&I form(s) by the covenantor(s)
  • A&I form(s) by the covenantee(s)

Including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.

Notice to Register Statutory Land Charge

 

Section 118

  • Documentation on behalf of the chargeholder evidencing that the notice is lodged under the provision of the enactment specified in the notice.

Certificate of Release of Statutory Land Charge

 

Section 120(1)

  • A&I form(s) by the chargeholder(s) including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.

Application for Release of Statutory Land Charge

 

Section 120(3)

  • A&I form(s) by the applicant(s) including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.

Licence to Occupy / Surrender of Licence to Occupy

 

Sections 124 & 133

  • A&I form(s) by the licensor(s)
  • A&I form(s) by the licensee(s)

Including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.

Notice of Cancellation, Revocation, or Rescission of Licence to Occupy

Section 132(1)

  • A&I form(s) by the licensor(s) including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.

Caveat

Sections 138, 162, 174, 187 or 207, or section 6(1) Joint Family Homes Act 1964, or section 195(3) Unit Titles Act 2010

  • A&I form(s) by the caveator, or
  • A letter or email from the caveator, or a file note of the caveator’s verbal instructions.

Withdrawal of Caveat

Section 144

  • A&I form(s) by the caveator including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, and photo ID etc., as appropriate.

Notice of Claim

 

Section 42(2) Property (Relationships) Act 1976

  • A&I form(s) by the claimant(s), or
  • A letter or email from the claimant(s), or a file note recording the claimant’s instructions.

Application for Record of Title Based on Adverse Possession

 

Section 155

  • A&I form(s) by the applicant(s) including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.

Additional guidance can be found in the Adverse Possession Guideline 2018 - LINZG20778 (linked below).

Application to Bring Land under Act

 

Section 172

  • A&I form(s) by the applicant(s) including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.

Additional guidance can be found in the Application to bring land under the Act – Dry Riverbeds and Streambeds Guideline 2018 - LINZG20782 (linked below).

Application for Record of Title to Access Strip

Section 185

  • A&I form(s) by the applicant(s) including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.

Application for Freehold Estate in Land with Limited Record of Title

 

Section 204

  • A&I form(s) by the applicant(s) including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.

Additional guidance can be found in the Adverse Possession Guideline 2018 - LINZG20778 (linked below).

Application to Settle Land as a Joint Family Home

 

Sections 4, 5 or 12A Joint Family Homes Act 1964

 

  • A&I form(s) by the applicant(s) including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.
  • Statutory declaration by the applicant(s) in Form 1 or 1A Joint Family Homes Regulations 1965 (as the case may require) – including a copy of the husband or wife’s consent [section 5(1) Joint Family Homes Act 1964]

Application to Cancel a Joint Family Home

 

Section 10(1)(a) Joint Family Homes Act 1964

 

  • A&I form(s) by the applicant(s) including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.

Instrument Creating Esplanade Strip

Sections 232 and 235 Resource Management Act 1991

 

  • A&I form(s) by the registered owner(s)
  • A&I form(s) by the grantee (local authority)

Including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.

Instrument Creating Easement for Access Strip

 

Section 237B Resource Management Act 1991

 

  • A&I form(s) by the registered owner(s)
  • A&I form(s) by the grantee (local authority)

Including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.

Covenant against Transfer, Lease or other Disposition

 

Section 240 Resource Management Act 1991

 

  • A&I form(s) by the registered owner(s)
  • A&I form(s) by the territorial authority 

Including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.

Application for Deposit of Unit Plan

 

Sections 17, 21, 24, 30 or 68 of Subpart 3 of Part 4 Unit Titles Act 2010

 

  • A&I form(s) by the applicant(s) including a copy of any Power of Attorney and certificate of non-revocation / non-revocation and non-suspension, photo ID and consents etc., as appropriate.

Court Order

 

Sections 57, 89, 104, 105, 142 and 189 (including orders made under other enactments)

  • Certified copy of the sealed court order.

 

Last Updated: 23 March 2022