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Checks all details of any resulting ownership for the instrument such as T, TSM and CN are completed.
This rule runs at pre-validation, signing and submit. If the rule fails you can't sign the instrument. You should contact Customer Support.
After you submit the dealing the rule also runs at the registration and authorise stages.
Checks the count of tax statements against the transferor or transferee counts. This depends on what role the current firm has in the instrument. For example, if the firm has no transferor role then only the transferee count is checked.
This rule recognises the following scenarios as exempt from checking:
Checks that the mortgagee instrument includes at least 1 mortgagee.
Checks if titles in the dealing have a purpose or are owned by His Majesty the King.
The instrument steps down to Lodge if this rule fails.
Checks there is at least 1 transferee included in the transfer instrument.
Checks whether an RGL Caveat exists on the title. The instrument steps down to Lodge if one exists.
Checks at least 1 registered owner, transferor or mortgagor has been entered and/or selected for each title the instrument affects.
Check any title flagged as No Survivorship in the dealing to make sure all owners are dealing with the land. For example, 1 registered owner can't deal with their interest. This prohibits joint tenants from dealing with interests separately.
Checks in Share/Complex mode that affected transferors, mortgagors, registered owners are the same across all titles affected by the instrument. For example, the same registered owners are dealing with the land.
Checks if a new mortgage affects only some of the registered owners and is followed by a Variation of Mortgage within the same dealing. The Variation of Mortgage steps down to Lodge to enable LINZ to check them.
Checks that the affected instrument number exists on at least 1 affected title and is the correct type for the selected mode if applicable.
If the affected instrument number is pending the rule will fail, but the dealing can still be lodged behind the pending dealing.
Checks:
Checks rankings in relation to each title are sequential. If the instrument has an Auto reg status it also compares the existing priority of affected instruments on each title with the ranking of the instruments relevant to the titles to make sure the rankings are valid.
Checks that a transfer with No Survivorship selected in the Additional Wording field in Part of Land/Complex mode has at least 1 joint tenancy in the transferee section.
Checks the mortgagee in the Variation of Mortgage or Memorandum of Priority instrument is the same mortgagee for the affected instrument.
An affected title must be live or part cancelled.
If a title is live or part cancelled at the beginning or end of an action this rule will not fail.
Checks for estate types with paper duplicates and identifies restricted estate types and title types.
If this rule fails your instrument steps down to Lodge.
Checks the shares being acquired match the number of the disposed shares.
Checks the new registered owner has either a family name or corporate name.
Checks whether there are any registered or pending caveat types lodged for the same title as transmission.
This check is to comply with the Succession (Homicide) Act 2007 and applies to all types of transmissions.
Checks that:
If a new title is being issued from an instrument this rule will not run and the dealing will step down to Lodge.
Checks that transferee names, mortgagee names and applicant names do not include the words trust or trustee unless the name is a recognised corporate name with Trust or Trustee in their name.
Any instances where these names are not recognised they will be checked by LINZ and added to the register.
Checks at least 1 image has been attached to an image only instrument. For example, an instrument with a status of Lodge.
Checks an applicant or new name has been entered for each title that a change of name affects.
Checks transmission type is appropriate for the ownership. For example, joint tenancy for transmission by Survivorship.
Checks if the transmission is by survivorship that all the surviving joint tenants and only those joint tenants are the applicants.
When an encumbrance is discharged a check is made that all titles showing the encumbrance memorial in the current view are listed in the dealing as affected by the discharge.
Instruments affected include CBLR, CCON, DBON, DCC, DCHO, DENC, DFBC, DLN, DM, DSLC, DTC, PDM, PENC, WNC and WX.
This rule also runs for PDM or PENC in Share/Interest mode to make sure that a discharge as to a mortgagor or mortgagee affects all titles.
Checks whether the dealing is issuing new titles.
Instruments in the dealing will step down to Lodge if they affect new titles issuing from the dealing.
Checks at submission whether any affected title in the dealing is potentially Māori Freehold land.
Any instrument in the dealing with an affected Māori Land title will step down to Lodge.
