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Land Transfer Act 2017

Land title and registration - Land title register - Qualified records of title

17: Qualified record of title

You could also call this:

"A title is 'qualified' when the land boundaries are not clearly defined."

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The Registrar can record that a title is qualified if the boundaries of the land are not clearly defined. This can happen when the details are not in a registered instrument or a deposited plan. The Registrar can also record a qualified title if a circumstance prescribed by regulations exists. You can find more information about reconstituted records of title in section 46. The Registrar must record the reason for the qualification in the record of title. This rule applies to both existing and new records of title. If you want to know more about the registration of orders that are not supported by sufficient plans, you can look at section 124 of Te Ture Whenua Maori Act 1993. This rule does not apply to limited records of title that have special conditions. You can find more information about these conditions in subpart 4 of Part 4. The Registrar must follow this rule when dealing with records of title, and you can find more details in sections 18 and 19.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731127.

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Part 2Land title and registration
Land title register: Qualified records of title

17Qualified record of title

  1. The Registrar may record in a record of title that the title is qualified if—

  2. the boundaries of the land are not adequately defined in a registered instrument or in a deposited plan or other plan; or
    1. a circumstance prescribed by regulations exists; or
      1. the record of title is a replacement record issued under section 46 (which relates to reconstituted records of title) and the Registrar is unable to create a record of title that is identical to the replaced record; or
        1. section 124 of Te Ture Whenua Maori Act 1993 (which relates to the registration of orders that are not supported by sufficient plans) applies; or
          1. any other enactment provides for the record of title to be qualified.

            1. The Registrar must record in the record of title the qualification to which the record of title is subject.

            2. This section applies to—

            3. an existing record of title:
              1. a new record of title.

                1. Nothing in this section or in sections 18 and 19 applies to a limited record of title to which subpart 4 of Part 4 applies.

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