Land Transfer Act 2017

Miscellaneous provisions - General provisions - Registrar-General of Land

234: Registrar not required to give certain evidence

You could also call this:

"The Registrar doesn't have to give evidence in court unless the court says they must."

Illustration for Land Transfer Act 2017

You do not have to give certain evidence in court unless the court orders you to. The Registrar or their delegate does not have to produce evidence or give evidence in court. They only have to do this if the court is satisfied that their personal attendance is necessary and the evidence cannot be given in another way, such as by producing a certified copy of an instrument under section 44(5) or a record of title certified under section 44(6).

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731454.

This page was last updated on View changes


Previous

233: Delegation of Registrar's functions, duties, and powers, or

"The Registrar can pass on some of their tasks to others."


Next

235: Registrar and other persons not personally liable, or

"Registrar and staff are not personally responsible for honest mistakes"

Part 5Miscellaneous provisions
General provisions: Registrar-General of Land

234Registrar not required to give certain evidence

  1. Unless the court makes an order requiring the Registrar or a delegate of the Registrar to do so, neither the Registrar nor a delegate is obliged to—

  2. produce in court evidence of information registered or recorded on the register or of an instrument registered or recorded on the register or in the custody of the Registrar or the delegate; or
    1. give evidence of any matter in court.
      1. The court may not make an order under subsection (1) unless it is satisfied that—

      2. the personal attendance of the Registrar or the delegate is necessary; and
        1. the evidence cannot be given by—
          1. the production of a copy of an instrument certified under section 44(5) or a record of title certified under section 44(6); or
            1. any other means.
            Compare