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Land Transfer Act 2017

Amendments to other enactments

Schedule 1: Transitional, savings, and related provisions

You could also call this:

"Special rules to help change from the old law to the new Land Transfer Act 2017"

Illustration for Land Transfer Act 2017

The Land Transfer Act 2017 has some special rules. You need to know about these rules when the Act started. The old rules still apply to some things that happened before the new Act started. The register of land kept under the old Act continues as if it were the new register. The person who was in charge of the register under the old Act continues as if they were in charge under the new Act. Some things that were happening under the old Act can still be finished under the old Act. If you had started something under the old Act, you can finish it under the old Act. Then it has effect under the new Act. The new Act applies if you lodge something for registration after it starts. Some special rules apply to mortgages and other documents. These rules say what happens to these documents under the new Act. The rules also say what happens to land that was registered under the old Act. The Registrar can still apply some old rules to create a new record of title. A record of title is like a certificate of ownership. The old certificates of title are treated as records of title under the new Act. Some regulations made under the old Act still apply. These regulations can be changed or cancelled under the new Act. The new Act does not limit some other laws that apply to legislation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731494.

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250: Amendments to other enactments, or

"Changes to other laws are listed in the Land Transfer Act 2017"

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Schedule 2: Consequential amendments, or

"Changes to other laws because of the Land Transfer Act 2017"

1Transitional, savings, and related provisions Empowered by s 7

1Provisions relating to Act as enacted

1Existing matters continued

  1. The register kept under section 33 of the Land Transfer Act 1952 immediately before the commencement of this clause continues as if it were the register kept under this Act.

  2. The land registration districts existing immediately before the commencement of this clause continue subject to any Order in Council made under section 230.

  3. The person who was the Registrar-General under the Land Transfer Act 1952 immediately before the commencement of this clause continues as if he or she were the Registrar under this Act.

2Instruments lodged and matters in process before commencement date

  1. This clause applies to—

  2. an instrument lodged with the Registrar but not fully dealt with under Part 3 of the Land Transfer Act 1952 before the commencement of this clause:
    1. an application or other process begun under the Land Transfer Act 1952 before the commencement of this clause:
      1. court proceedings under the Land Transfer Act 1952 in progress before the commencement of this clause.

        1. An instrument referred to in subclause (1)(a)—

        2. must be dealt with in accordance with the Land Transfer Act 1952 as if that Act had not been repealed; but
          1. after it has been dealt with as referred to in paragraph (a), has effect as if it had been done under this Act.

            1. If an instrument to which subclause (2) applies is returned under section 43 of the Land Transfer Act 1952 and is lodged for registration after the commencement of this clause, this Act applies, subject to any other specific provision in this schedule.

            2. The repeal of the Land Transfer Act 1952 does not affect the completion of any matter referred to in subclause (1)(b) and (c).

            3. Any matter that is to be registered or noted under the Land Transfer Act 1952 as a result of this clause may be registered or noted under this Act instead (for example, by the creation of a record of title, if applicable).

            3Instruments ready for lodgement before commencement date but lodged after commencement date

            1. This clause applies to an instrument that, immediately before the commencement of this clause,—

            2. was in a form that complied with the requirements of the Land Transfer Act 1952; but
              1. had not been lodged.

                1. The Registrar may, for the purpose of facilitating the transition from that Act to this Act,—

                2. exempt the instrument from any requirement of this Act:
                  1. grant the exemption subject to any terms and conditions.

                    4Applications for order under section 55

                    1. A person (person A within the meaning of section 54(1)) may apply for an order under section 55 even if either or both of the following occurred before the date on which this clause came into force:

                    2. the relevant instrument referred to in section 54(1) was registered:
                      1. person A became aware or ought to have become aware of the acquisition by person B within the meaning of section 54(1).

                        5Application of this Act to estates registered on provisional register under Land Transfer Act 1952

                        1. This clause applies to—

                        2. an estate registered on the provisional register under section 50 of the Land Transfer Act 1952; and
                          1. land to which section 53 of the Land Transfer Act 1952 applies.

                            1. Sections 18 and 19 apply with any necessary modifications to that estate or land, and to any interest or other matter registered or noted on the provisional register that affects the estate or land, as if a qualified record of title had been created for the estate or land.

                            2. However, the Registrar may still apply section 17 in order to create a qualified record of title for the estate or land.

                            3. For the purpose of any reference in any other enactment to a record of title or qualified record of title, the estates and land to which this clause applies must be treated as if a qualified record of title had been issued for them.

                            6Covenants implied in certain mortgages and instruments

                            1. Despite the repeal of the Land Transfer Act 1952,—

                            2. the covenants, conditions, and powers that are, under section 103(4) of that Act, implied in a mortgage, the priority of which is postponed under section 103 of that Act, continue to be implied in the mortgage as if that Act had not been repealed:
                              1. the covenants set out in full in Schedule 4 of that Act continue to be implied in an instrument in which they were implied in accordance with section 155 of that Act immediately before the repeal of that Act as if that Act had not been repealed.

                                7Guaranteed searches

                                1. This clause applies if a person obtained a search copy in respect of land before the commencement of this clause.

                                2. Despite the repeal of the Land Transfer Act 1952, section 172A of that Act continues to apply in respect of the search copy.

                                8Titles where no survivorship noted on register

                                1. This clause applies to any land or estate or interest in land if immediately before the commencement of this clause, the words no survivorshipwere noted on the title to the land, estate, or interest in land under section 130 or 131 of the Land Transfer Act 1952.

                                2. Despite the repeal of the Land Transfer Act 1952, sections 132 and 133 of that Act apply with any necessary modifications in relation to that land or estate or interest in land.

                                9Charges registered under Statutory Land Charges Registration Act 1928

                                1. Any charge that was, immediately before the commencement of this clause, registered under the Statutory Land Charges Registration Act 1928 may be dealt with under this Act as if it had been registered under this Act.

                                10Requirements and authorisations under certain existing enactments

                                1. This clause applies to any enactment that relates to land subject to this Act, but does not apply to this Act or any enactment amended by this Act.

                                2. A requirement or an authorisation for the Registrar to issue a certificate of title or computer register is satisfied by creating an appropriate record of title.

                                3. A requirement that any person produce or deliver a certificate of title does not apply.

                                4. A requirement or an authorisation for the Registrar to cancel a certificate of title or computer register is satisfied by doing an act in relation to a record of title that has the same effect.

                                5. A requirement or an authorisation for the Registrar to do anything specified in subclause (6) is satisfied by the Registrar doing either or both of the following:

                                6. making an equivalent entry on a record of title:
                                  1. creating an appropriate record of title.

                                    1. The requirement or authorisation must be for the Registrar to—

                                    2. make an entry in the register; or
                                      1. enter a memorandum in the register or endorse a memorandum on a certificate of title, a duplicate certificate of title, or a computer register; or
                                        1. amend a certificate of title or computer register; or
                                          1. make any other entry or endorsement or notation in the register or on a certificate of title, a duplicate certificate of title, or a computer register; or
                                            1. file or deposit any instrument, covenant, notice, or resolution in a Land Registry Office; or
                                              1. certify, endorse, note, notify, or record any matter, information, or thing against, in, or on a document held in any Land Registry Office.

                                                1. If the Registrar takes action under subclause (5) in relation to a requirement or an authorisation, any requirement for the Registrar to take action in relation to a duplicate or triplicate of a document affected by the requirement or authorisation does not apply.

                                                11Regulations continued in force

                                                1. The Land Information New Zealand (Fees and Charges) Regulations 2003 continue in force and, to the extent that they were made under the Land Transfer Act 1952, are treated as if they were made under this Act and may be amended or revoked accordingly.

                                                2. The Land Transfer (Land Information and Offshore Persons Information) Exemption Regulations 2015 made under the Land Transfer Act 1952 continue in force as if they were made under this Act and may be amended or revoked accordingly.

                                                12Existing computer registers and certificates of title treated as records of title

                                                1. Until a record of title is created for an estate or interest in land for which there is a computer register or certificate of title, the computer register or certificate of title is to be treated as if it were a record of title created under this Act.

                                                2. In this clause,—

                                                  certificate of title means a certificate of title issued under the Land Transfer Act 1952

                                                    computer register means a computer freehold register, computer interest register, or computer unit title register created under the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002.

                                                    13Application of Part 2 of Legislation Act 2019

                                                    1. Except as provided in clauses 1 to 12 or in regulations made under section 228, nothing in this schedule limits Part 2 of the Legislation Act 2019.

                                                    Notes
                                                    • Schedule 1 clause 13 heading: amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                                                    • Schedule 1 clause 13: amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

                                                    2Provision relating to the Taxation (Annual Rates for 2019–20, GST Offshore Supplier Registration, and Remedial Matters) Act 2019

                                                    14Six-month transitional period for existing agreements

                                                    1. The old regime continues to apply in relation to a transfer of land if—

                                                    2. an agreement for the transfer of the land was entered into before 1 January 2020; and
                                                      1. the instrument of transfer is lodged for registration on or before 1 July 2020.

                                                        1. In this section, old regime means this Act as in force immediately before 1 January 2020 (when sections 130 to 133 of the Taxation (Annual Rates for 2019–20, GST Offshore Supplier Registration, and Remedial Matters) Act 2019 came into force).

                                                        Notes
                                                        • Schedule 1 clause 14: inserted, on , by section 133 of the Taxation (Annual Rates for 2019–20, GST Offshore Supplier Registration, and Remedial Matters) Act 2019 (2019 No 33).

                                                        3Provision relating to Taxation (Annual Rates for 2020–21, Feasibility Expenditure, and Remedial Matters) Act 2021

                                                        15Content of tax statements before regulations are made prescribing content

                                                        1. This clause applies from the 2021 commencement date until the first regulations prescribing information for the purposes of new section 79(1)(a) come into force.

                                                        2. The information required by section 79 (as in force before the 2021 commencement date) to be included in a tax statement is taken to be the information required to be included in a tax statement under new section 79(1)(a) as if it were information prescribed in regulations made for the purposes of new section 79(1)(a).

                                                        3. In this clause,—

                                                          2021 commencement date means the date on which the Taxation (Annual Rates for 2020–21, Feasibility Expenditure, and Remedial Matters) Act 2021 receives the Royal assent

                                                            new section 79(1)(a) means section 79(1)(a) as inserted by the Taxation (Annual Rates for 2020–21, Feasibility Expenditure, and Remedial Matters) Act 2021.

                                                            Notes
                                                            • Schedule 1 clause 15: inserted, on , by section 203 of the Taxation (Annual Rates for 2020–21, Feasibility Expenditure, and Remedial Matters) Act 2021 (2021 No 8).