5 August 2020
In this edition, we feature news about:
- Survey mark protection
- Unit title prescribed forms
- Caveat dealings
- Rebuilding Landonline update
- Legal seminar cancelled
- Advice for Windows 7 users
It is in everyone’s interest to take care of survey marks and protect them from damage. The LINZ website has a new Survey marks protection page - for people planning or already carrying out earthworks or other work that could disturb survey marks.
There are thousands of vital survey marks – many are below ground level and invisible to most of us. They support surveying of property boundaries, and they are important for engineering, roading, mapping and other land surveys.
The new LINZ web page explains how to identify survey marks, provides contact details for assistance, and sets out your legal responsibilities.
You or your organisation are responsible for reinstating or replacing any destroyed or disturbed marks (Section 55, Cadastral Survey Act 2002). A licensed cadastral surveyor must oversee the reinstatement or replacement to the standards set by the Surveyor-General.
At LINZ, we provide a free service that helps to preserve the marks at risk.
The Regulatory Systems (Building and Housing) Amendment Act 2017 and associated Amendment Regulations made several changes to the Unit Titles Act 2010 (UTA), including the prescribed forms set out in Schedule 2 of the Unit Titles Regulations 2011.
Please ensure that documents to be registered are prepared using the updated format of the prescribed forms in Schedule 2 of the Unit Titles Regulations 2011.
We continue to receive documents prepared using the previous format, which now do not contain the information required for registration and therefore need to be rejected or requisitioned. Examples include:
- Notices of the first body corporate operational rules (section 105(2)(b) UTA) should now be attached to the application to deposit unit plan (UAPP, Form 1), which should include the associated paragraph 5. It is no longer appropriate to submit a notice of body corporate operational rules as a CRUL instrument, which should now only be used for notices of change to body corporate operational rules (section 106 UTA). If a CRUL is included with the initial application to deposit a unit plan, the dealing will be requisitioned to allow withdrawal of the document.
- Form 20, for applications to cancel unit plan (CUTP), no longer includes paragraph 4, which referred to applications for relief under section 210 UTA. Practitioners who submit applications with this paragraph will be asked to remove it from the document as the statement no longer applies.
- An application to cancel a unit plan under section 177 UTA may now require two certificates of designated resolution procedure (C216):
- one for the designated resolution under s177(3)(a) for cancellation of unit plan, and
- one for the designated resolution under s177(3)(b)(ii) for a decision not to reassess ownership interests (if applicable).
If 2 individual certificates of designated resolution are lodged for registration, this may be done as two separate C216 instruments or together in one C216 instrument.
The next release for Landonline is planned for Monday 10 August. This release includes changes that will make some caveats auto-registerable.
Caveats based on an Agreement to Mortgage or Agreement for Sale and Purchase, provided they meet other business rules, will no longer step down to Lodge and will instead be registered automatically. The Prepare Caveat screen was updated last year to prepare for this functionality. More information about this functionality and how to complete the updated Prepare Caveat screen:
As part of the Rebuilding Landonline Programme, we’re looking to make things easier for our customers by streamlining the conveyancing process. Over the past few months, we’ve introduced two new features to Landonline to help reach this goal – the Notice of Change of Ownership and Notice to Mortgagee.
Notice of Change of Ownership
We have streamlined the process for Notice of Change of Ownership (NoC). This change moves the process into Landonline, automating several features to reduce the information that needs to be entered and removing duplication of effort. It also reduces the potential for errors in information held between e-dealing customers, councils and Landonline.
We held a pilot with the Tauranga City Council and Tauranga-based solicitors transacting on land within Tauranga City Council boundaries to ensure the new NoC process worked well and that customers felt it was an improvement. During the pilot we received extensive positive feedback and useful insights from our Landonline users. Many of the user insights have been incorporated into the updated NoC process.
In the coming weeks, the new NoC will be rolled out wider, onboarding the Wellington City Council and all solicitors transacting on land within the Tauranga City Council or Wellington City Council boundaries.
Several councils have expressed willingness to be involved and we are actively working with them. We plan to onboard all councils to the service over the next 18 months.
Notice to Mortgagee
We’ve also simplified the process of registering mortgages in Landonline by introducing the new Notice to Mortgagee (NtM) function. When a new mortgage is registered, the NtM automatically sends copies of the registered mortgage and updated Record of Title directly from Landonline to banks subscribed to the NtM feature. This replaces the need for solicitors to separately forward this information as an additional post-registration activity.
The new NtM feature is currently available for mortgages registered with the Southland Building Society (SBS) and will be rolled out to banks over the coming months.
The New Plymouth legal seminar planned for 5 August has, unfortunately, been cancelled. Our annual schedule of lunchtime seminars delivered in association with the Property Law Section and the New Zealand Institute of Legal Executives was set before COVID-19. We will update you about whether the Christchurch seminar scheduled for 21 October will go ahead.
The latest update to Citrix Workspace does not support Windows 7. (Microsoft stopped supporting Windows 7 in January this year.) This update will prevent you from accessing Landonline.
As an interim workaround you can download the Long Term Service Release of Citrix Receiver (version 4.9). But we strongly recommend that you upgrade to Windows 10 as soon as possible.
If you sign documents in Landonline you should reinstall Digisign2 whenever you reinstall Citrix software. If you don’t do this, signing will not work.
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