Most electronic instruments may be lodged with LINZ only after the certifying practitioner with authority to act for the party certifies the instrument in accordance with regulation 7 of the Land Transfer Regulations 2018.
This guideline is to assist practitioners understand their obligations when making e-dealing certifications regarding authority and identity. It focuses on practitioners’ obligations to:
- ensure they have proper authority from their client;
- take reasonable steps to ensure their client has legal capacity;
- verify the identity of their client; and
- retain the evidence they have relied on to support those certifications.
Note: This 12 November 2018 version revises certain Terms or Definitions and the 'Identity verification decision tree' (Schedule 3). It also references the PLS Guidelines (which aligns with recently updated November 2019 edition) and substitutes other wording.