Land Transfer Act 2017

Land title and registration - Land title register - Access to register

43: Exceptions to withholding information for person’s safety

You could also call this:

"Getting land information when someone's safety is at risk"

You can get a copy of an instrument or a record of title even if the Registrar is allowed to refuse it under section 41(1). You might need it to do a transaction with the person whose information is being protected. You might need it to register something or to exercise a right you have to the land. You must not show the copy to anyone else except for the reason you needed it. The Registrar will tell the protected person that you are getting a copy. They will tell them before they give you the copy, or as soon as they can after giving it to you. The Registrar will tell the protected person what instrument or record of title you are getting a copy of. They will also tell them who is getting the copy and when they will get it. A protected person is someone whose information is being kept secret under section 41.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731161.

This page was last updated on 24 December 2025 — View changes

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42: Application to Registrar to withhold information for person’s safety, or

44: Evidentiary effect of documents, or

Part 2Land title and registration
Land title register: Access to register

43Exceptions to withholding information for person’s safety

Even if the Registrar is entitled to refuse to provide a copy of an instrument or a record of title under section 41(1), the Registrar may provide the copy to a person who requires it—
to conduct a transaction with the protected person; or
to have an instrument registered or noted under this Act or any other enactment; or
to exercise a right held, or satisfy an obligation owed, in relation to the particular land (but not land generally), such as the right to sell the land under a mortgagee’s power of sale.

The person provided with the copy must not disclose the copy, or any information obtained from the copy, to anyone else except for the purpose for which the copy was required under subsection (1).
The Registrar must give notice to the protected person—
before providing the copy of the instrument or record of title to the person who requires it; or
as soon as practicable after providing the copy to the person who requires it, if it is impracticable to give notice before that.

The notice must specify—
the instrument or record of title of which a copy will be provided; and
the person to whom the copy will be provided; and
when the copy will be provided.

In this section, protected person means the person to whom the relevant withholding period applies under section 41.