Landwrap October/November 2014 - Issue 113

Issue 113

This month we discuss the move to online publication of the NZ Gazette and how that affects the way we reference Gazette Notices in LINZ records; and how the timing of the Christmas and New Year break will affect the lapsing of caveats and notices of claims. We provide reminders around transmissions, corrections and discrepancies in names. Users of the Landonline data extract process should note we’ve increased the maximum file download size.
This issue also explains the LINZ and Landonline closing dates and times over the 2014/2015 holiday season.

Caveat lapsing period

If you or your client receives a notice of lapse of caveat or notice of claim in the lead-up to the 2014/15 Christmas-New Year holiday break, you will need to act quickly to avoid the caveat or notice of claim lapsing.

The Land Transfer Regulations 2002 prescribe a time period of 14 days to notify LINZ that you have applied for a Court order preventing a caveat or notice of claim lapsing; and a period of 28 days in which to serve such an order in LINZ. These time periods are prescribed in days, not working days – you cannot exclude the public holidays over the Christmas-New Year period when you calculate when a caveat or notice of claim will lapse.

However, as provided in section 35(6) of the Interpretation Act 1999, if the last day of either the 14- day or 28-day period falls on a day that is not a working day, the time period extends to the next working day.

Please note the Registrar-General of Land has no authority to alter the prescribed time periods or extend lapsing dates to account for LINZ offices or courts being closed on public holidays.

If you or your client receives a notice of lapse, you can avoid the caveat or notice of claim lapsing by giving the relevant notice to LINZ or serving a Court order on LINZ within the prescribed time periods. These can be submitted by emailing Customer Support (mailto:customersupport@linz.govt.nz) or at the address or fax number specified in the notice of lapse.

Further information about lapsing of caveats and notices of claim can be found in the Guideline below.

Related Legislation

Guideline for stop notices - LINZG20706 (/regulatory/20706)

LandXML extract file size increased

The LandXML extract file size has been increased to 20mb. For more information please see the LandXML FAQ page.

Related Content

LandXML FAQs (/kb/487)

Change to Gazette references

A move to online publication of the NZ Gazette has made it necessary to change the way we reference Gazette Notices in LINZ records.

LINZ has traditionally referenced Gazette Notices by quoting the year of publication in the NZ Gazette and the page number on which the Notice appears. However, a recent move to online publication of the NZ Gazette, using unique notice numbers rather than page numbers, has made it necessary for LINZ to find an alternative way of referencing Notices.

Consequently, new references in LINZ records will quote the notice number instead of the page number. The year will continue to be referenced as before.

This change will apply to Notices published from 20 October 2014 (when the NZ Gazette began to be published without page numbers).

Notices published before 20 October will continue to be referenced by the page number.

Landonline

It will take some time before Landonline can be changed to provide for the new referencing system. Until a long-term solution has been developed, Gazette references in Landonline’s spatial record will look the same, e.g. “Gaz 2014 p 362”. However, the end portion of each reference may be the notice number, depending on when the Notice was published. In most cases it will be obvious from the year – Gazette Notices earlier than 2014 are referenced by page number. Note that this issue only applies to Gazette Notices recorded as statutory actions against relevant parcels in our spatial database.

Gazette Notices published from 20 October 2014 and lodged for registration will be memorialised in terms of the new referencing system.

For Notices published from 2014 onwards, it may be necessary to check the Gazette Office’s website to ascertain whether a number quoted in the Landonline spatial record relates to the page number or the Notice number. This website provides for users to search Notices by entering either the page number or the notice number. A Notice also has 2 alpha characters prefixing the numbers but the notice can be retrieved from the online Gazette with or without the 2 alphas. A search by keyword is also available. If the Notice is not found by using the “page number” option, then it is likely that the number relates to the “notice number”, and vice versa.

Cadastral survey datasets (CSDs)

Gazette references in cadastral survey datasets should preferably use the format “Gaz [year], p [page number]” or Gaz [year], LN [notice number] as applicable.

Related External Content

Gazette Office's website (https://gazette.govt.nz)

Corrections

A reminder in regards to corrections of errors in instruments.

If an error has been made in an instrument and the instrument has been registered, the practitioner can lodge instruments to correct the error. In doing so, they must ensure that they obtain the appropriate authorities (eg A&I forms) for the instruments lodged to correct the Register.

For examples of errors against a wrong title, refer to the registration error FAQs.

For information about correcting spelling mistakes, refer to spelling error FAQs.

Discrepancy in Names

A reminder in regards to discrepancies in names

If there is a difference between the name on the Register and the Proof of Identity, additional documentation should be obtained, such as an official certificate evidencing a name change, or a statutory declaration by the interested party, as evidence the party named on the Computer Register and the photographic ID is one and the same person.

If there is a difference in the name between the Register and a Death Certificate, this should be reconciled in the statutory declaration that supports the application for Transmission. Similarly, if there is a difference between the applicant’s name on the Register and their Proof of Identity, this too should be reconciled in the applicant’s statutory declaration.

For more information, refer to G6 of the guidance material in the Standard for verification of identity for registration under the Land Transfer Act 1952 - LINZS20002.

Related Content

Standard for verification of identity for registration under the Land Transfer Act 1952 - LINZS20002 (/regulatory/20002)

LINZ and Landonline to close over Christmas and New Year

LINZ, OIO and Landonline will be closed over Christmas and New Year.

The LINZ Offices, including OIO and Customer Support, will close from 5pm Wednesday 24 December, with normal hours resuming on Monday 5 January 2015.

Landonline will close at the normal time of 10pm on Wednesday 24 December and resume at 6am on Monday 5 January 2015. Customer Support will be unavailable from 5pm on Wednesday 24 December until 7am on Monday 5 January.

LINZ wishes you a happy holiday season – wherever you are.