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Land Transfer Act 2017

Land title and registration - Compensation - Grounds for compensation

61: Exceptions to compensation

You could also call this:

"When you don't get paid for losses to your land because of something you did or didn't do"

Illustration for Land Transfer Act 2017

The Crown does not have to pay you compensation under section 58 or 59 if you lose something or it gets damaged because you or the registered owner did not do what you were supposed to do with the land. The Crown also does not have to pay you compensation if the loss or damage happens because someone did not use their power to sell the land properly or because a law other than this one says the title to the land is limited. You are not entitled to compensation under section 59 if you lose your estate or interest in land because it was brought under this Act and you could have registered it under the Deeds Registration Act 1908 but did not, unless you told the Registrar about your claim before the land was brought under this Act or the Registrar knew about it but did not recognise 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=DLM6731203.

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60: Compensation for loss or damage occurring after search and before registration, or

"Getting paid back for losses after a property search but before it's yours"

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62: Notice of claim, or

"Telling people you plan to make a claim for compensation"

Part 2Land title and registration
Compensation: Grounds for compensation

61Exceptions to compensation

  1. The Crown is not liable to pay compensation under section 58 or 59 if—

  2. the loss or damage results from a breach of trust by the claimant or the registered owner:
    1. the loss or damage results from the improper exercise of a power of sale under a mortgage or re-entry under a lease:
      1. the loss or damage results from the operation of an enactment other than this Act that overrides or limits the title to an estate or interest in land.

        1. The Crown is not liable to pay compensation under section 59 for loss of an estate or interest in land as a result of bringing the land under this Act if the estate or interest in the land could have been, but was not, registered under the Deeds Registration Act 1908 or any comparable earlier legislation unless, before the land was brought under this Act,—

        2. notice of a claim to the estate or interest was given to the Registrar; or
          1. the Registrar had actual knowledge of the claim but failed to recognise it.

            Compare
            Notes
            • Section 61(1)(a): amended, on , by section 82 of the Statutes Amendment Act 2025 (2025 No 74).