Statutory and evidentiary requirements | Land registration,Landonline Guidance

The statutory and evidentiary requirements for electronic instruments vary from instrument to instrument. Here’s what practitioners need to know about their certification obligations, the statutory requirements specified by the Registrar-General of Land (Registrar), and the evidentiary requirements for electronic instruments.

Practitioners' certification obligations

When lodging an electronic instrument in Landonline, practitioners must certify that:

they have authority to act for the party and that the party has legal capacity to give the authority
they have taken reasonable steps to confirm the identity of the party
they have complied with any statutory requirements specified by the Registrar for the class of instrument
if applicable, they have complied with any applicable additional matters (also known as ‘special matters’) for example, the mortgagee has consented to registration of the instrument, and the certifier holds the consent
if lodging a court order, the court order is a correct copy of the sealed copy of the court order, and
hold evidence showing the truth of their certifications (regulation 7 and 8 of the Land Transfer Regulations 2018 (the Regulations)).

Before making the above certifications, the statutory and evidentiary requirements specified by the Registrar in the Statutory and Evidentiary Requirements for E-Dealing Standard 2025 (the Standard) must be satisfied.

Statutory and Evidentiary Requirements for E-Dealing Standard 2025 – LINZ S 01317

Statutory requirements

Section 236(1)(d) and (e) of the Land Transfer Act 2017 (the Act) authorises the Registrar to specify requirements that must be complied with:

under the Act, or
in order to register or note any instrument or thing under another enactment.

The statutory requirements specified by the Registrar are set out in clauses 5 and 6 of the Standard.

Evidentiary requirements

The evidentiary requirements specified by the Registrar are set out in clauses 7 and 8 of the Standard. These should be read in conjunction with the Authority and Identity Requirements for E-Dealing Standard 2024 which sets the requirements to satisfy a practitioner’s obligations as to a client’s authority, capacity, and identity.

Authority and Identity Requirements for E-Dealing Standard 2024 – LINZ S 01308

Practitioners must retain the evidence specified and produce it if the dealing is selected for compliance review in accordance with section 30 of the Act.

For the avoidance of doubt, evidence may be retained electronically. Electronic retention must be in accordance with the NZLS Property Law Section Guidelines:

New Zealand Law Society | Guidelines

It is worth noting, Schedule 2 of the Regulations may specify additional information and/or other documents to be included in or attached to an instrument lodged for registration in Landonline.

The following table provides further guidance on the types of evidence that will satisfy the evidentiary requirements specified in the Standard. References to sections or regulations relate to the Land Transfer Act 2017 or the Land Transfer Regulations 2018 unless otherwise specified.

Instrument	Legislation	Evidence
Application to Correct or Change Name	Section 21 & regulation 17	A&I form(s) by the applicant(s) including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate. Documents evidencing the grounds for the application. A statutory declaration may be necessary if the evidence is not self-explanatory or requires verification or expansion. For additional guidance refer to Applications to Correct or Change Names in the Register Guideline 2018 - LINZG20780.
Application to Record Boundary Change Resulting from Accretion or Erosion	Section 21 & regulation 17	A&I form(s) by the applicant(s) including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate. For additional requirements and guidance refer to Accretion and Erosion Guideline 2025 – LINZ OP G 01319
Application to Cancel Fencing Covenant or Agreement	Regulation 19	A&I form(s) by the applicant(s) including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.
Transfer Instrument / Transfer Instrument to Create Easement or Profit à Prendre / Transfer Instrument to Note Certain Covenants	Section 73	A&I form(s) by the transferor(s) A&I form(s) by the transferee(s) Including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate. Where new and continuing trustees are signing an A&I form on behalf of a removed trustee pursuant to section 118(2) Trusts Act 2019, the following evidence must be retained with the A&I form: A copy of the executed document(s) of appointment, removal or discharge of trustees, and statutory declaration by a continuing or new trustee under s117(1)(c) Trusts Act 2019 that the document was validly executed.
Transmission Instrument	Section 87	A&I form(s) by the applicant(s) including photo ID. Statutory declaration of the applicant(s). The statutory declaration should refer to the relevant documents evidencing the event. For guidance on the which document evidences each transmission type, see our Transmissions instruments page: Transmission instruments
Application to Register Vesting under Enactment	Section 90	A&I form(s) by the applicant(s) including a copy of any Power of Attorney and certificate of non-revocation, photo ID and consents etc., as appropriate. Statutory declaration of the applicant(s). The statutory declaration should refer to the relevant statutory provision and documents evidencing the event.
Lease Instrument / Lease Variation / Lease Surrender	Sections 91, 92 & 94	A&I form(s) by the lessor(s) A&I form(s) by the lessee(s) Including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.
Application to Note Merger of Estate or Interest (other than easement or profit à prendre)	Regulation 18	A&I form(s) by the applicant(s) including a copy of any Power of Attorney and certificate of non-revocation, photo ID and consents etc., as appropriate. Statutory declaration of the applicant(s). The statutory declaration should establish that there are no estates or interests in law or equity that prevent the merger of the estate or interest to be merged. For a merger under s96, consent of the registered owner of the burdened land under s96(2)(b)(ii) if applicable.
Application to Note Re-entry by Lessor	Section 98	A&I form(s) by the applicant(s) including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.
Mortgage Instrument	Section 100(1)	A&I form(s) by the mortgagor(s), and For an Institutional Chargeholder: All pages of the signed letter of instruction [if the mortgagor, property identifier (i.e. record of title or street address) and priority amount is not mentioned in the letter, other relevant documentation should be supplied (e.g. a copy of the loan agreement)], or Electronically signed letter of instruction issued by Propel-lc (such as those issued by Kiwibank Limited, AMP Home Loans Limited and NZ Home Lending Limited) or ANZ through its SOLD service, or An unsigned letter of instruction issued by ANZ through its SOLD service together with a copy of the covering email (showing whom authorised the instrument). NB: Where the letter of instruction is provided from a party who is not the chargeholder, evidence explaining the linkage (i.e. the chain of authority) between the authoriser and the chargeholder should also be retained. For a Private Chargeholder: A&I form(s) by the private mortgagee(s) including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.
Mortgage Variation / Mortgage Priority Instruments	Sections 101 & 102	A&I form(s) by the mortgagor(s), and For an Institutional Chargeholder: All pages of the signed letter of instruction, or Electronically signed letters of instruction issued by Propel-lc (such as those issued by Kiwibank Limited, AMP Home Loans Limited and NZ Home Lending Limited) or ANZ through its SOLD service, or An unsigned letter of instruction issued by ANZ through its SOLD service together with a copy of the covering email (showing whom authorised the instrument). For a Private Chargeholder: A&I form(s) by the private mortgagee(s) including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc. as appropriate. For a Mortgage Variation instrument, consent of a subsequent mortgagee [where s101(4) LTA 2017 applies] and consent of a submortgagee [s101(6) LTA 2017] must be obtained. For a Mortgage Priority instrument, authority must be obtained from all mortgagees (including those gaining priority). Consent of a submortgagee must be obtained where the head mortgage is losing priority ][s102(6) LTA 2017 applies].
Encumbrance Instrument	Section 100(3)	A&I form(s) by the encumbrancer(s) A&I form(s) by the encumbrancee(s) Including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.
Mortgage Discharge Instrument / Discharge Instrument to Release Charge or Record Cancellation or Expiry of Interest under Another Enactment	Section 104 / Various enactments	For an Institutional Chargeholder: A copy of the completed paper Discharge, or All pages of the signed letter of instruction from the chargeholder, or A copy of the original email from the chargeholder (such as those sent via ANZ’s SOLD system) together with all pages of the letter of instruction, or Electronically signed letters of authority issued by Propel-lc (such as those issued by Kiwibank Limited, AMP Home Loans Limited and NZ Home Lending Limited), or An unsigned letter of instruction issued by ANZ through its SOLD service together with a copy of the covering email (showing whom authorised the instrument). NB: Where the letter of instruction is provided from a party who is not the chargeholder, please provide evidence explaining the linkage (i.e. the chain of authority) between the authoriser and the chargeholder. For a Public Corporate: A copy of the completed paper Discharge For a Private Chargeholder: A&I form(s) by the private mortgagee(s) including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.
Application to Register Discharge of Mortgage Securing Annuity or Rent Charge	Section 106	A&I form(s) by the applicant(s) including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.
Easement Instrument to Create or Surrender Easement or Profit à Prendre	Sections 108 & 109	A&I form(s) by the grantor(s) A&I form(s) by the grantee(s) Including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.
Easement Variation Instrument to Vary Easement or Profit à Prendre	Section 112	A&I form(s) by the grantor(s) A&I form(s) by the grantee(s) Including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.
Application to Record Merger or Extinguishment of Easement or Profit à Prendre / Application to Record Extinguishment of Redundant Easement	Sections 113 - 115	A&I form(s) by the applicant(s) including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc.., as appropriate.
Covenant Instrument to Note or Revoke Land Covenant	Section 116(1)	A&I form(s) by the covenantor(s) A&I form(s) by the covenantee(s) Including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.
Covenant Variation Instrument to Vary Land Covenant	Section 116(3)	A&I form(s) by the covenantor(s) A&I form(s) by the covenantee(s) Including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.
Notice to Register Statutory Land Charge	Section 118	Documentation on behalf of the chargeholder evidencing that the notice is lodged under the provision of the enactment specified in the notice.
Certificate of Release of Statutory Land Charge	Section 120(1)	A&I form(s) by the chargeholder(s) including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.
Application for Release of Statutory Land Charge	Section 120(3)	A&I form(s) by the applicant(s) including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.
Licence to Occupy / Surrender of Licence to Occupy	Sections 124 & 133	A&I form(s) by the licensor(s) A&I form(s) by the licensee(s) Including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.
Notice of Cancellation, Revocation, or Rescission of Licence to Occupy	Section 132	A&I form(s) by the licensor(s) including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.
Caveat	Sections 138, 162, 174, 187 or 207, or section 6(1) Joint Family Homes Act 1964, or section 195(3) Unit Titles Act 2010	A&I form(s) by the caveator, or A letter or email from the caveator, or A file note recording the caveator’s verbal instructions.
Withdrawal of Caveat	Section 144	A&I form(s) by the caveator including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, and photo ID etc., as appropriate.
Notice of Claim	Section 42(2) Property (Relationships) Act 1976	A&I form(s) by the claimant(s), or A letter or email from the claimant(s), or A file note recording the claimant’s instructions.
Application for Record of Title Based on Adverse Possession	Section 155	A&I form(s) by the applicant(s) including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate. For additional guidance refer to Adverse Possession Guideline 2018 – LINZG20778.
Application to Bring Land under Act	Section 172	A&I form(s) by the applicant(s) including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate. Additional guidance can be found in the Application to bring land under the Act – Dry Riverbeds and Streambeds Guideline 2018 - LINZG20782 (linked below).
Application for Record of Title to Access Strip	Section 185	A&I form(s) by the applicant(s) including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.
Application for Freehold Estate in Land with Limited Record of Title	Section 204	A&I form(s) by the applicant(s) including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate. For additional guidance refer to Adverse Possession Guideline 2018 – LINZG20778.
Application to Settle Land as a Joint Family Home	Sections 4, 5 or 12A Joint Family Homes Act 1964	A&I form(s) by the applicant(s) including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate. Statutory declaration by the applicant(s) in Form 1 or 1A Joint Family Homes Regulations 1965 (as the case may require) – including a copy of the husband or wife’s consent [section 5(1) Joint Family Homes Act 1964]
Application to Cancel a Joint Family Home	Section 10(1)(a) Joint Family Homes Act 1964	A&I form(s) by the applicant(s) including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.
Instrument Creating Esplanade Strip	Sections 232 and 235 Resource Management Act 1991	A&I form(s) by the registered owner(s) A&I form(s) by the grantee (local authority) Including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.
Instrument Creating Easement for Access Strip	Section 237B Resource Management Act 1991	A&I form(s) by the registered owner(s) A&I form(s) by the grantee (local authority) Including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.
Covenant against Transfer, Lease or other Disposition	Section 240 Resource Management Act 1991	A&I form(s) by the registered owner(s) A&I form(s) by the territorial authority Including a copy of any Power of Attorney and certificate of non-revocation/non-revocation and non-suspension, photo ID and consents etc., as appropriate.
Application for Deposit of Unit Plan	Sections 17, 21, 24, 30 or 68 of Subpart 3 of Part 4 Unit Titles Act 2010	A&I form(s) by the applicant(s) including a copy of any Power of Attorney and certificate of non-revocation / non-revocation and non-suspension, photo ID and consents etc., as appropriate.
Court Order	Sections 57, 89, 104, 105, 142 and 189 (including orders made under other enactments)	Certified copy of the sealed court order.