Privacy statement for conveyancing transactions lodged under the Land Transfer Act 2017

Toitū Te Whenua LINZ is subject to the Privacy Act 2020 which requires us to tell you certain things about the personal information we need to carry out our functions. This page explains the ways that we collect, store, use and share your personal information when your conveyancing transactions are registered under the Land Transfer Act 2017.

Information that is collected

We collect personal information when a conveyancing transaction is registered with LINZ. We are authorised to collect this information under the Land Transfer Act 2017. 

What we collect

The personal information we collect when a conveyancing transaction is registered forms part of the land title register and is publicly available unless withheld under section 41 of the Land Transfer Act 2017. This information may include, but is not limited to:

  • the names of landowners and other parties to a transaction
  • the names of any person who has a registered interest in land such as a lease or easement
  • the names of any person who has lodged a caveat against land and the grounds for the caveat 
  • contact details, including phone numbers, email addresses and physical addresses for service of notice
  • transaction details, such as priority amounts in mortgage instruments
  • evidence required to support an application or dealing lodged for registration, such as a marriage certificate to support an application to change a name.

We also collect personal information in the authorisation for a conveyancing transaction if required by the Registrar-General of Land for the purposes of section 30(3) of the Land Transfer Act 2017 after registration. This information, which does not form part of the land title register and is not publicly available, may include:

  • the Authority and Instruction form you signed to authorise your lawyer or conveyancer to register the transaction on your behalf
  • identity documents, such as a passport or driver licence, and proof of address.

Tax Statement Information

When a property transfer is registered, LINZ also collects information for tax compliance purposes in the form of a Tax Statement as required by section 78 of the Land Transfer Act 2017. This includes personal information about you and your property including your IRD number.  

The information you provide in a Tax Statement does not form part of the land title register and is not publicly available, as set out in section 85 of the Land Transfer Act 2017.  

The Chief Executive of LINZ is required to supply Tax Statement information to the Commissioner of Inland Revenue in accordance with section 82 of the Land Transfer Act 2017. This information may be disclosed to authorised persons in accordance with section 86 of the Land Transfer Act 2017. 

If there is an error or omission in the information you have provided in a Tax Statement you may correct it in accordance with section 80 of the Land Transfer Act 2017.   

Security of collected information

All information collected is held securely in LINZ’s Landonline system or document management system. The information we hold in Landonline may also be stored by one or more third party service providers.  They only act on our instruction and have been security-assessed.

Access to your information that does not form part of the land title register is limited to authorised LINZ staff delegated to exercise duties and powers under the Land Transfer Act 2017. Some personal information will be available to other LINZ staff that support the functioning of the land title register such as finance and information technology.

Privacy of collected information

How personal information is used

The information we collect is used to:

  • keep and maintain the land title register including a record of property ownership and registered interests in land 
  • safeguard against identity and property fraud in conveyancing transactions
  • meet our obligations under the Land Transfer Act 2017 to give notice to affected parties where necessary, and
  • monitor and enforce compliance with the Land Transfer Act 2017.

The information collected will be used by authorised LINZ staff for the purpose for which it is collected. 

Personal information contained in registered instruments will also be included on the land title register maintained by LINZ and will be publicly available in accordance with our statutory functions under the Land Transfer Act 2017.  For more information read about how we share personal information below.

Sharing of personal information

Land Record Search 

Because the land title register is a public register, anyone can obtain a copy of a record of title (which includes the names of landowners or other persons who have a registered interest in the land) or a registered instrument, as provided in section 40 of the Land Transfer Act 2017, through LINZ’s online search services.

LINZ Data Service

LINZ also provides access to property data including land ownership information via the LINZ Data Service and users, such as commercial providers, may download that data and incorporate it into products they make accessible to their customers.

LINZ will only share personal information through the LINZ Data Service if it is also publicly available on the land title register. 

When personal information in the land title register may be withheld

Access to information on the land title register may be withheld where disclosure would pose a risk to personal safety or is otherwise prohibited by law, including where information is:

  • withheld under section 42 of the Land Transfer Act 2017, or
  • subject to a direction under Part 9 of the Family Violence Act 2018.

For more information read our guidance on withholding land ownership information:

Withholding land ownership information

Personal information may also be disclosed where required or permitted by law.  For example, we may be required to share information about you to Inland Revenue to carry out its monitoring of property tax obligations.

Accessing and correcting personal information

You have the right under the Privacy Act 2020 to obtain access to, and request correction of, any personal information LINZ holds about you.

Requests relating to information about registered conveyancing transactions will be considered in accordance with the Privacy Act 2020 and the Land Transfer Act 2017 and should be made via our online services where appropriate. 

Online enquiry form

Land Record Search

If a landowner wishes to have a change or correction of name recorded on the register an application must be made in accordance with regulation 17 of the Land Transfer Regulations 2018.

Applications to Correct or Change Names in the Register Guideline 2018

For other requests, please email customersupport@linz.govt.nz

Questions about privacy

If you have any questions or concerns about the privacy information provided here, contact:

Privacy Officer
Toitū Te Whenua Land Information New Zealand
PO Box 5501
Wellington 6145
New Zealand

privacy@linz.govt.nz