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Land Transfer Act 2017

Land title and registration - Land title register - Dealings by overseas Governments

49: Dealings in land by Government of overseas country

You could also call this:

"Overseas governments can buy, sell, and lease land in New Zealand"

Illustration for Land Transfer Act 2017

You can own land in New Zealand even if you are a government from another country. You can buy or sell land, or lease it to someone else. You can also use a mortgage to deal with the land. If you are a government from another country, you can have someone in New Zealand represent you. This person can sign papers on your behalf to buy, sell, or lease land. They can also sign papers to mortgage the land or do other deals with it. If the papers look like they were signed correctly, it is assumed they were signed with the proper authority. This means the deal is binding and you are committed to it. You can use electronic papers for these deals, and it does not change how they work. An overseas government includes the government of a country, a province, or a local area. It also includes a group of countries working together. A representative is someone who holds a special office, or someone acting for that person. You can compare this to s 165 to see how it works.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731173.

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Part 2Land title and registration
Land title register: Dealings by overseas Governments

49Dealings in land by Government of overseas country

  1. An overseas Government may—

  2. be registered as the owner of an estate or interest in land; or
    1. transfer, lease, mortgage, or otherwise deal with an estate or interest in land.

      1. A paper instrument used for any of the following things may be executed on behalf of an overseas Government by a representative in New Zealand of that Government:

      2. the transfer of an estate or interest in land to or from the overseas Government:
        1. the lease or mortgage of an estate or interest in land by the overseas Government:
          1. any other dealing with an estate or interest in land by the overseas Government.

            1. The fact that the instrument appears to be executed in accordance with subsection (2) is, in the absence of proof to the contrary, conclusive evidence that it has been executed under proper authority and binds the overseas Government.

            2. This section does not affect the use of an electronic instrument for anything referred to in subsection (2).

            3. In this section,—

              overseas Government means—

              1. the Government of a country other than New Zealand:
                1. the Government of a province, State, territory, or other political subdivision of a country other than New Zealand:
                  1. a local or regional government or authority in a country other than New Zealand:
                    1. a body that exercises authority for an association or union of countries other than New Zealand

                        1. representative means—

                        1. a person who holds a prescribed office:
                          1. a person acting for a person who holds a prescribed office.

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