Plain language law

New Zealand law explained for everyone

Land Transfer Act 2017

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

126: Effect of registration of licence

You could also call this:

"What happens when a licence is registered"

Illustration for Land Transfer Act 2017

When you register a licence, it gets noted on the record of title. This is because of section 52(1)(b). Registering a licence does not make it more powerful than it already is. Registering a licence does not change what it can do. If something is written on a registered licence, you can use it in court as evidence. It proves who owns the estate or interest, but only for the original licensee and people related to them. If a licence is registered, an entry on it can be used to prove ownership. You can trust this entry when it comes to the original licensee and people connected to them. It shows who the owner is, according to the entry.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731300.

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

126Effect of registration of licence

  1. A registered licence is an interest noted on the record of title to which section 52(1)(b) applies.

  2. Apart from the effect of subsection (1), registration of a licence does not give it any greater operation than it would have if it were not registered.

  3. An entry on a registered licence that appears to have been validly made—

  4. is admissible in a court as evidence of the particulars contained in it; and
    1. as against the original licensee and all persons claiming through, under, or in trust for the original licensee, is conclusive evidence that the person named in the entry is the owner of the estate or interest of which that person is stated to be the owner.

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