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Land Transfer Act 2017

Miscellaneous provisions - General provisions - Plans

224: Registrar may require plans

You could also call this:

"The Registrar needs a plan to clearly show land boundaries before doing some jobs."

Illustration for Land Transfer Act 2017

The Registrar will not do certain jobs under this Act unless the land is clearly defined. You need to know that the land is adequately defined if it is shown on a plan that meets certain rules. The plan must comply with the Cadastral Survey Act 2002. The Registrar can require plans to be deposited to clearly define the land. The plan is considered deposited on the date the Registrar records it. This rule is important for the Registrar to do jobs like dealing with applications or registering instruments. There may be other laws that have different rules for defining land. These laws can affect how the Registrar does their job. The Registrar must follow these laws when defining land.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731441.

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Part 5Miscellaneous provisions
General provisions: Plans

224Registrar may require plans

  1. The Registrar is not required to perform any of the following functions under this Act unless the land is adequately defined:

  2. deal with an application:
    1. register an instrument:
      1. create or alter or cancel a record of title:
        1. note a record of title:
          1. perform any other function under this Act in relation to land.

            1. In this section, land is adequately defined if—

            2. it is shown on a plan deposited under this section as a separate lot or a discrete area; and
              1. the plan is suitable for the particular function for which it is required; and
                1. the plan complies with the Cadastral Survey Act 2002 or any former enactment in force when the plan was prepared.

                  1. Subsection (2) is subject to any other enactment that makes different provision for spatially defining land for the purposes of registration under this Act.

                  2. For the purposes of this Act, a plan is deposited—

                  3. on the date recorded by the Registrar as the date on which the plan is deposited; or
                    1. if the deposit of the plan depends on registration of an instrument or dealing, on the date recorded by the Registrar as the date of lodgement of the instrument or dealing.

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