23 July 2019
In this edition we provide feedback on the results of our recent reader survey and provide two important technical updates regarding Cadastral Surveys and changes to Authority and Identity (A&I) forms generated from Landonline – release 3.20. As part of the project to rebuild Landonline we are looking for feedback on how you might use the search function, and we also provide an update on the Cadastral Survey Rules.
Use of NZVD2016 for Cadastral Surveys
From 1 July 2019 all CSDs lodged are required to be in terms of one of the current 13 local vertical datums or the New Zealand wide NZVD2016 where a 3rd order or better vertical control mark is within 200m of a class A boundary point or 500m of a class B boundary point defined by a reduced level [see rule 4.3(a) RCS 2010].
The transitional arrangement that was in place from 1 January to 30 June 2019 that allowed some CSDs to use an alternative or assumed datum has now finished.
Further information on vertical datums, including questions and answers relating to the transition to NZVD2016, is available through the KnowledgeBase.
Changes to A&I Forms generated from Landonline – release 3.20
Several customers have raised queries regarding the question “Is the transaction high risk” when generating a Private Individual or Private Corporate A&I form in Landonline. Currently:
- If No is ticked, a sentence about the number of years the client is previously known appears;
- If Yes is ticked, a statement about a connecting document and file note appears.
We have not changed the guidance or the requirements for High Risk transactions - see LINZG20775 Authority and Identity Requirements for E-Dealing Guideline 2018 for the detailed requirements.
The options that now appear in Landonline relate to the two alternative ways of satisfying practitioner obligations when the transaction is, on the face of it, High Risk as defined in s4.2.1:
- “No” may be ticked if the client is personally known and you consider this mitigates an otherwise high risk transaction, so that it is no longer high risk (see s126.96.36.199 for further guidance).
- Alternatively, “Yes” may be ticked for High Risk transactions where the high risk is being mitigated via connecting documents (see s4.3) and any additional actions taken to independently verify the identity of the client, that must be recorded in a file note (see s4.2.2).
If the transaction is not, on the face of it, High Risk (e.g. a Transmission or Variation of Mortgage) – you should tick “No” and, because it’s a mandatory field, enter a number in the years box. However, you can then remove the sentence and number of years from the A&I form by editing the form in the usual way. Or, by putting a line through the wording if you have displayed it on the printed form.
We are looking at ways to make this clearer on the forms and will provide a further update here as soon as possible.
We have also been asked why you need to state the number of years you have known the client, and how accurately to reflect this. The reason for this relates to s188.8.131.52 of the Guideline, that it may be unreasonable to claim personal knowledge if the client has only recently become a client. If however, you are relying on a short period of time your reasoning should be recorded in a file note.
You may choose to record:
- the actual length of time you’ve known the client; or
- a shorter period you’re relying on to claim personal knowledge (e.g. if you’ve known a client for at least 10 years but don’t know exactly when they became a client, editing the form to "at least 10 years” is acceptable).
The period can be recorded as a decimal conversion of years/months, or in years/months by editing the form once it is saved to your computer.
The changes to the Landonline-generated A&I forms were to align them with the changes to sections 3 and 5, and the notes to the form that were made to the A&I form templates as part of the LTA 2017 implementation last November. The changes are not material, but they prompt practitioners and their staff to consider whether or not a transaction is “high risk” and obtain further evidence and take additional action where necessary. As has always been the case, A&I forms may be edited to remove (or add) information such as the reference to high risk, as long as the substance of the form is not reduced.
Help build a better Landonline
The programme to rebuild Landonline is now underway. Our goal is to make Landonline easier to use in the future. To do this, we need feedback on how you use Landonline within your business.
We are looking at improving the search land record products function by introducing APIs (Application Programming Interfaces). These APIs will allow your existing websites and computer software to speak to and pull information from the Landonline system. This means you will be able to obtain Search products, including Records of Titles, Instruments and Cadastral Survey Plans in real-time through your own computer system without having to log into Landonline.
If you think your organisation would be interested in using APIs, we would like to hear from you. Please get your Landonline user to contact us on firstname.lastname@example.org.
This feedback will then be incorporated into the development of the Search APIs.
Updating the Cadastral Survey Rules
Based on the feedback we received earlier this year the Office of the Surveyor-General is drafting the proposed Rules for Cadastral Survey which we expect to review with the Reference group in September/October 2019.
We will then fine tune the draft rules and invite the wider community of surveyors and other interested parties to share their views through a consultation process around November 2019. This will include a series of workshops held at key locations throughout New Zealand.
Once this consultation stage is complete, we envisage the new rules will be confirmed with the Parliamentary Counsel Office in early 2020. We will then make the changes in Landonline and the related guidance before implementing the rules later that year.
We will provide regular progress updates and more detail about the consultation process through the survey member organisations, this newsletter and our website.
Results from our reader survey
A big thank you to everyone who responded to the survey which ran in the last 2 editions of Landwrap. Your feedback has been very welcome and confirms we are on the right track with the type of information provided, its readability, level of detail and the topics covered. There were however some suggestions for broadening out the range of topics to include information from other divisions of Land Information New Zealand which we will look at incorporating in the future and some suggestions for improvements to the format of the newsletter which we will also consider. You’re also satisfied with the frequency of the newsletter being published once per month.
Thanks again for your contribution which helps ensure we are meeting your needs.
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