This standard specifies statutory requirements, and requirements for the retention of evidence for the certification of electronic instruments. It is made under section 236 of the Land Transfer Act 2017 by the Registrar- General of Land.
The standard replaces the Statutory Requirements, Forms of Electronic Instruments, and Requirements for the Retention of Evidence notice published in the New Zealand Gazette, 26 September 2008, no. 144, page 3925.
Forms are now contained in the Registrar-General of Land’s Approved Electronic Forms for the Land Transfer Act 2017 and Approved Paper Forms for the Land Transfer Act 2017 under section 221(4) of the Act.
The Statutory Requirements relate to the regulation 7(3)(c) certification that if statutory requirements have been specified by the Registrar for instruments of a particular type, that the instrument complies with those requirements. They are made by the Registrar-General of Land under section 236(1)(d) and (e).
The Requirements for Retained Evidence relate to the regulation 7(3)(d) certification about evidence in relation to the matters in regulation 7(3)(a)-(c) (authority/capacity, reasonable steps to confirm identity, and statutory matters).
See also section 27 Certification of electronic instruments.