Housing Act 1955

Accounts and miscellaneous - Miscellaneous

37: Restriction on registration of instruments

You could also call this:

"Rules for registering land documents"

The Registrar-General of Land must not register certain instruments. You need to know that this applies to instruments that transfer or lease the purchaser's interest in an agreement. This agreement must be registered under section 18 or the Joint Family Homes Act 1964. The Registrar-General of Land can register the instrument if it is in favour of the Crown or Kāinga Ora–Homes and Communities. You can also register the instrument if it is an application to register the settlement of the land as a joint family home under the Joint Family Homes Act 1964. The instrument can be registered if it is a disposition by way of mortgage or if Kāinga Ora–Homes and Communities consents to it. The Registrar-General of Land has to follow these rules when registering instruments. You should be aware that these rules apply to specific types of agreements and instruments. The rules help to ensure that the registration process is fair and transparent.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM291349.

This page was last updated on 14 December 2025 — View changes

Topics:

Housing and property > Buying and selling homesHousing and property > Land use

36: Execution of documents, or

"Who can sign important papers for the Housing Act"

38: Cancellation of restrictions imposed under former legislation on freehold titles in respect of dwellings, or

"Removing old rules from house titles"

Part 2Accounts and miscellaneous
Miscellaneous

37Restriction on registration of instruments

The Registrar-General of Land must not register any instrument that purports to transfer, lease, or in any other way dispose in whole or in part of the purchaser's interest in any agreement registered under section 18 or under the provisions of any corresponding former enactment, unless—
the instrument is in favour of the Crown or Kāinga Ora–Homes and Communities, or the Crown or Kāinga Ora–Homes and Communities is a party to the instrument; or
the instrument is an application to register the settlement of the land as a joint family home under the Joint Family Homes Act 1964; or
the instrument is a disposition by way of mortgage; or
the consent of Kāinga Ora–Homes and Communities is endorsed on the instrument.

Notes

Section 37: replaced, on 8 December 1971, by section 3(1) of the Housing Amendment Act 1971 (1971 No 101).
Section 37: amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
Section 37(a): amended, on 1 October 2019, by section 33 of the Kāinga Ora–Homes and Communities Act 2019 (2019 No 50).
Section 37(d): amended, on 1 October 2019, by section 33 of the Kāinga Ora–Homes and Communities Act 2019 (2019 No 50).