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Land Transfer Act 2017

Miscellaneous provisions - General provisions - Provisions incorporated in instruments by reference

209: Incorporation in instruments of provisions in memorandum

You could also call this:

"Using rules from a registered memorandum in other documents"

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You can incorporate provisions from a memorandum into certain instruments. The Registrar can register a memorandum if you prepare one and they approve it, or if they prepare it themselves. The memorandum is registered on the date the Registrar records. You can access a registered memorandum for the purposes of section 40. If an instrument incorporates provisions from a registered memorandum, it must be treated as including those provisions, unless the instrument says otherwise. This does not affect any other provisions that the instrument may incorporate. The Registrar's registration of a memorandum does not change how other provisions in an instrument work. You can find similar information in s 155A. When you incorporate provisions from a memorandum, you must follow the rules set out in this section.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731409.

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Part 5Miscellaneous provisions
General provisions: Provisions incorporated in instruments by reference

209Incorporation in instruments of provisions in memorandum

  1. For the purposes of this section, memorandum means a memorandum containing any prescribed information and containing provisions to be incorporated by reference in instruments of a class specified in the memorandum.

  2. The Registrar may,—

  3. at the request of any person, register a memorandum prepared by that person and approved by the Registrar; or
    1. register a memorandum prepared by the Registrar.

      1. A memorandum is registered on the date recorded by the Registrar as the date on which the memorandum is registered.

      2. A memorandum registered under this section is part of the register only for the purposes of section 40 (which relates to access to the register).

      3. An instrument of a class specified in a registered memorandum that incorporates all or any of the provisions contained or referred to in the memorandum must be treated as incorporating those provisions subject to any modifications stated in the instrument.

      4. Subsection (5) does not limit or affect a provision of an instrument that incorporates provisions other than those referred to in that subsection.

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