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New Zealand law explained for everyone

Land Transfer Act 2017

Land title and registration - Land title register - Registration and notation of instruments

24: Effect of registration

You could also call this:

"What happens to land ownership when a document is registered"

Illustration for Land Transfer Act 2017

When you register an instrument, it does not change who owns the land until it is registered. On registration, the instrument creates or transfers the estate or interest in land as stated in the instrument. This happens according to the terms and conditions in the instrument or as implied by this Act or other laws. When an instrument is registered, it can make the estate or interest in land pass to someone, become security for a mortgage, or be extinguished or varied. This is subject to the terms, conditions, and covenants in the instrument or as implied by this Act or other laws. You can find more information by looking at s 41(1), (4)–(6). If an instrument refers to a unique identifier for a record of title, it means the entire estate or interest, unless the instrument says otherwise. This is how registration affects the estate or interest in land. You can understand how this works by reading the instrument and the laws that apply to it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731137.

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23: Registration or notation of instrument created or executed by person not registered as owner of estate or interest, or

"Registering documents made by someone not listed as the owner"

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Part 2Land title and registration
Land title register: Registration and notation of instruments

24Effect of registration

  1. An instrument has no effect to create, transfer, or otherwise affect an estate or interest in land under the provisions of this Act until the instrument is registered.

  2. On registration, the instrument has effect to create or transfer or otherwise affect the estate or interest specified in the instrument on the terms and conditions and subject to the covenants—

  3. contained or incorporated in the instrument; or
    1. implied in the instrument by this Act or any other enactment.

      1. On registration of an instrument that does not contain an operative provision that gives effect to the purpose of the instrument,—

      2. the estate or interest specified in the instrument passes to the person identified as the party to whom the estate or interest is intended to pass; or
        1. in the case of a mortgage, the estate or interest becomes liable as security; or
          1. in the case of an instrument that surrenders, discharges, or varies an estate or interest, the estate or interest is extinguished or varied.

            1. Subsection (3) is subject to the terms, conditions, and covenants contained or incorporated in the instrument or implied in the instrument by this Act or any other enactment.

            2. Unless the instrument provides otherwise, a reference in an instrument to a unique identifier for a record of title must be treated as a reference to the entire estate or interest for which the record of title was created.

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