A signatory or their practitioner must certify certain matters before a paper instrument can be lodged. Obligations apply to witnesses, certifiers, and LINZ staff upon receiving paper instruments by post and prior to registering them. This is to safeguard against fraud in conveyancing transactions.
This guideline is to assist witnesses of paper instruments, persons certifying them, and LINZ staff processing them understand their obligations regarding verification of the identity of the signatory. It is also to assist signatories of paper instruments understand their obligations.
It focuses on practitioners’ obligations, when witnessing a paper instrument to:
- verify the signatory’s identity, based on appropriate Photo ID;
- consider the signatory’s capacity;
- take additional actions for high risk transactions; and
- provide a statutory declaration in relation to the witnessing.