Land Transfer Act 2017

Dealings in estates and interests in land - Flat and office owning companies

122: Interpretation

You could also call this:

"What special words mean in this law"

Illustration for Land Transfer Act 2017

When you read this part of the law, some words have special meanings. A company is what the Companies Act 1993 says it is. You can find this in section 2(1) of the Companies Act 1993. A flat is an apartment used as a home. A licence to occupy means a document that lets a shareholder use a flat or office because they own shares. You are a licensee if you get a licence to occupy. The company that gives you the licence is the licensor. An office is a place not used for a home. Registered means something is officially recorded, like a licence or a document related to a licence. You can find out how to register a licence in section 124 and how to register a document related to a licence in section 127. A share certificate is a document that shows you own shares. A share register is what the Companies Act 1993 says it is, which you can find in section 2(1). When you have the right to use a flat or office, it also includes the right to use other things like a garage or stairs.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731275.

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121: Protection of Registrar, or

"Safeguarding the Person in Charge of Land Records"


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123: Issue of share certificates, or

"Getting a share certificate when you own a flat or office in a company"

Part 3Dealings in estates and interests in land
Flat and office owning companies

122Interpretation

  1. In this subpart, unless the context otherwise requires,—

    company has the meaning given to it in section 2(1) of the Companies Act 1993, and, in relation to a licence, means the company by which the licence was issued

      constitution has the meaning given to it in section 2(1) of the Companies Act 1993

        flat includes an apartment used or intended for use as a residence

          licence to occupy or licence means an instrument executed by a company and by a shareholder that—

          1. grants the shareholder the right to occupy or use a specified flat or office by virtue of the shares held by the shareholder; or
            1. is evidence of the right of the shareholder by virtue of the shares held by the shareholder to occupy or use a specified flat or office

              licensee means a person to whom a licence to occupy is granted

                licensor means a company that grants a licence to occupy

                  office means premises that are not used or intended to be used for residential purposes

                    registered means,—

                    1. in relation to a licence, registered in accordance with section 124; and
                      1. in relation to an instrument registered against a licence, registered in accordance with section 127

                        share certificate means a share certificate for shares to which a licence relates

                          share register has the meaning given to it in section 2(1) of the Companies Act 1993.

                          1. In this section, a reference to a right to occupy or use a flat or an office includes rights conferred by the constitution of the company or the licence to use a garage, outbuilding, or other structure or any passages, stairways, or other facilities or services in the building of which the flat or office forms part or on the land adjoining the building.

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