4 November 2020
In this edition, we feature news about:
- Cadastral survey rules review
- Registration of leases
- Racing Industry Act 2020
- Creating roads in subdivisions – request to accept transfer and dedication
- Progress on rebuilding Landonline survey functionality
- Landonline Notice to Mortgagee
- Landonline unavailable on 21 November
- Christmas/New Year hours
- Subscribe to Landwrap
Cadastral survey rules review
The Surveyor-General has released a report summarising the key submissions and his final decisions in preparing the new cadastral survey rules. This follows consultation on the draft cadastral survey rules 2020.
We are currently finalising drafting of the rules and intend to publish them in early 2021. The rules are planned to come into effect in June 2021 to coincide with the necessary Landonline changes. Unlike previous implementations, these changes include enabling a transition period when Landonline will be able to receive cadastral survey datasets under both the 2010 and 2021 rules. We will provide an update on these timeframes in early 2021.
More information on theReview of the Rules for Cadastral Survey
Report on the review of the Rules for Cadastral Survey
Registration of leases
The Land Transfer Act 2017 (LTA) requires that a lease instrument is used to register a lease. That instrument must also contain the prescribed information required by the Land Transfer Regulations 2018, which is:
- The ‘core information’ set out in r 5(2), and
- The ‘additional information’ for leases set out in schedule 2 of the Regulations.
Form 11 of the Approved Electronic Forms for the Land Transfer Act 2017 - LINZLF01232 has been approved for the Registrar-General of Land for the registration of leases using e-dealing and replaces the previous Form F.
LINZ is still receiving leases for registration that do not use Form 11 (or an equivalent approved form). We are also seeing Memorandum of Lease and Deed of Lease documents lodged as standalone documents. Older leases in this format may still be lodged but should be attached to Form 11 as an annexure schedule to ensure that the prescribed information outlined in the Regulations is covered.
In addition to Form 11, replacement leases (in renewal or substitution of a prior lease) are also required by the Regulations to include an application to register the lease as a replacement lease under section 95 of the LTA. A statement that the lease in renewal, substitution or replacement of the prior lease under section 95 of the LTA will satisfy this requirement.
Approved Electronic Forms for the Land Transfer Act 2017 - LINZLF01232
Racing Industry Act 2020
The Racing Industry Act 2020 includes provisions which require the Registrar-General of Land (RGL) to record memorials on titles for land owned by racing clubs.
Section 21 of the Act provides that racing clubs must obtain written approval from their administrative bodies (the racing codes) when dealing with land owned by a racing club. Section 22 allows the racing codes to apply to the RGL to have a memorial placed on the relevant titles noting that the title is subject to s 21(1) of the Act.
Section 27 of the Act sets out a mechanism for racing codes to have surplus venues owned by a racing club transferred to the racing code. Once the transfer proposal has been approved by Order in Council, an application can be made to the RGL to register the racing code as the owner of the fee simple estate under s 32 of the Act.
New instruments have been created in Landonline for applications under the Act.
Racing Industry Act 2020 – information about new instruments and titles affected by the Act
Creating roads in subdivisions – request to accept transfer and dedication
Since we published advice from the Registrar-General of Land (RGL) that creating roads by transfer and dedication is not a permitted alternative to the vesting process under the Resource Management Act 1991, customers have requested exceptions for subdividers who have relied on transfer and dedication of roads being an accepted practice.
The RGL recently considered whether there is legal authority to dedicate or create roads by transfer when land is subdivided, and determined that the authorised process for creating a new road under the Act is to have the land vested as road upon deposit of the plan under section 238 of the Act. This requires the consent of any person with a registered interest in the land under section 224(b) of the Act (see Landwrap October 2020 Issue 161).
The RGL recognises that some subdividers will have planned to transfer and dedicate roads as part of their subdivisions and may have reached the point in their subdivision where it will be impractical and unreasonable to have to proceed using the statutory vesting process. In these cases LINZ will consider the subdividers’ circumstances, case by case.
Requests for case by case exceptions can be made by:
Lodging a request in Landonline (using the Titles Request type ‘Dealing Correspondence’ if the request accompanies the dealing lodging instruments to deposit the survey plan or Titles Request type ‘Information’ referring to the head title if there is no lodged dealing) or
The request should include all information to be considered by LINZ, including why it is impractical and unreasonable to be required to vest road using the statutory vesting process, including obtaining consents from the owners of registered interests.
Landwrap October 2020 Issue 161
Progress on rebuilding Landonline survey functionality
On our journey to rebuild Landonline, surveyors have shared with us pain points and opportunities in the current system, and we now have a high-level plan to deliver a range of improvements.
In the next 6-12 months we will have the first survey release of the new system in the hands of a small pilot group. We are building the new system so we can act quickly on feedback from surveyors. A small group of practising surveyors will test the system to make sure it has value before it is released more widely.
The first release will build a base from which other functionality can be built and will allow people to:
- Create a survey
- Upload a survey using a LandXML file
- Complete survey capture
- Run validation
From this point surveyors working in the new system will switch to current Landonline to complete plan generation, schedule/memorandum and submit their survey. See this diagram:
As we build the new system, we are keen to work with more surveyors. We have tested design ideas with a few surveyors and the feedback has been invaluable.
If you’d like to be involved in the design of the new system, we would love to hear from you. Please email Nick Stillwell, the surveyor representative in the Rebuilding Landonline programme - NStillwell@linz.govt.nz
Landonline Notice to Mortgagee
We are continuing to work with banks to onboard them to use Notice to Mortgagee. In addition to SBS, we have added TSB to the service.
When you submit a mortgage instrument with an onboarded bank as the mortgagee, you will be prompted to enter the bank client reference into the post-registration search screen.
On registration of the mortgage, the bank will automatically receive the Mortgagee Instrument and updated title by email.
More information about Landonline Notice to Mortgagee
Landonline unavailable on 21 November
Landonline will not be available on Saturday 21 November to allow time for Landonline maintenance release 3.23.
Most content in this release relates to standardisation of code, so will be unnoticeable to most users. This standardisation is ahead of an upcoming database migration required as part of rebuilding Landonline. Some small maintenance items have been included, such as:
- Number of characters that can be entered for share value on CPP S7A OCTN has been increased.
- Titles Fast Track Request must include survey plan and dealing references/numbers.
- Fix for automated Schedule/Memorandums, previously truncating the second line of a ‘Purpose’ when there was more than one page of entries under that purpose.
- Fix to the Mark and Vector Report. Bearing correction was not previously displayed.
- Fix for missing Surveyors declaration after submittal of a dataset.
- Introduction of new appellation formatting for Unit plans.
- Added ability to save fees report as a PDF.
- The ability for system managers to disassociate users from their firm was causing some technical issues so the disassociate button has been removed. To disassociate users from your account, please use the ‘Remove Individuals' form
Further information about the release content will be provided on our Landonline Release and System updatespage from late on 20 November.
Landonline will be available at the normal start time of 6am on Monday 23 November.
Christmas/New Year hours
Landonline will close from 10pm on 24 December 2020 and reopen at 6am on 5 January 2021.
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