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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.
Checks whether the instrument has a Restraining Order under the Criminal Proceeds (Recovery) Act 2009 (CPA Act) registered against a title.
If found the instrument will step down to Lodge.
Checks the structured data transferor and transferee details for the instruments against the tax information details to make sure they match.
Checks that each instrument in the dealing affects at least 1 title.
Checks the instrument creates at least 1 historic view memorial.
Checks an applicant or new name has been entered for each title that a change of name affects.
Checks all titles listed in the Create dealing screen for the new instrument are title references of the affected instruments selected.
When the mode is Lease/Mortgage/Other this checks the registered owner/interest holder for the new instrument are the same as the registered encumbrancees for the affected instrument number or are encumbrancees created by a prior instrument in the same dealing.
Checks transmission type is appropriate for the ownership. For example, joint tenancy for transmission by Survivorship.
Checks the share entered is not more than the transferor owns.
This warning only runs for the 1st instrument in the dealing. It provides an additional warning for dealings containing initiated plans.
For Caveat instruments this rule checks at pre-validation and submission if there are any A143, A145, S145, M143, M145, TPS, CO instruments on the affected titles.
If the title is less than 10 years old it will check prior title references until it has checked back to one that is more than 10 years old. If any of those instruments are found or it is otherwise unable to complete the check the rule will fail and step the instrument down to Lodge for checking by Toitū Te Whenua staff.
