When land is transferred to the Crown, it will ordinarily be held or administered for a particular statutory purpose.
It's essential a statement of that purpose be included in the transfer details in Landonline. For example, land transferred to the Crown pursuant to the Public Works Act 1981 should include a statement of the public work for which it is held.
A purpose may cause Toitū Te Whenua to take action
Depending on the requirements of the authorising statute, a purpose added in Landonline may trigger further action by Toitū Te Whenua. For example, where land is transferred to the Crown for the purposes of the Land Act 1948, this may result in cancellation of the corresponding Record of title pursuant to section 42, subject to certain exceptions (see section 42(4)).
Include correct purpose in transfer details
Practitioners acting on behalf of a Crown agency or local authority in such matters should seek full client instructions on these aspects. They must make sure the correct purpose statement or designation is included in the transfer details submitted to Toitū Te Whenua.
Statutory authority needed for including purposes
Purpose statements should not be included in transfers unless there is specific statutory autority for doing so. For example, references to family trusts in the case of privately-owned land are strictly prohibited (see section 153 Land Transfer Act 2017).
Toitū Te Whenua actively monitors these requirements and will seek clarification if they are not properly addressed.
Support preparing a transfer in Landonline
Find a step-by-step guide to preparing a transfer: