Special certifications appear under standard certifications on the Certifications panel.
Special matters can relate to:
- existing instruments on affected titles or to attributes of the affected titles. For example, where a title is recorded as having a conditional easement.
- current interests, or pending prior interests, in the same dealing on head titles in a new title dealing. At signing, certifications for these interests will display for instruments in the dealing that affect new titles linked to those head titles. Certifications will not display for current interests that are fully discharged by preceding instruments in the new title dealing.
You may have more than 1 option to select for special certifications when there is a:
- Caveat or Notice of Claim on a title
- Mortgage or Encumbrance on a title.
You can select only 1 of these special certifications. If you select a second certification the original certification will automatically uncheck.
Other special certifications
Examples where other special certifications may display:
- The land is Māori Land and statutory provisions specified by the Registrar relating to Māori Freehold Land have been complied with or do not apply.
- There is an existing Statutory Land Charge, Tax Charge, Charging Order or Irrigation Notice under the Public Works Act 1981. Either consent is held or that instrument does not prevent registration.
- The title is for a Crown Lease or Licence and the licensor or lessor of the affected licence or lease has consented to the instrument, or notice has been given to the Commissioner of Crown Lands, or in the case of mortgages, the licensors or lessor's consent, or notice to the Commissioner is not required under the Land Act 1948.
- The instrument being signed is a Transmission and the applicant is entitled to be registered as registered owner by virtue of transmission.
- The instrument being signed is a Memorandum of Priority, and there is an existing sub-mortgage, and the sub-mortgagee consent is held or the mortgage postponed by the Memorandum of Priority is not subject to the sub-mortgage.
- There is a conditional easement on the title and either consent is held from the Territorial Authority to the new instrument, or the affected easement is not the subject of a condition imposed by the Territorial Authority.
These certifications do not offer multiple options for selection at signing.