Plain language law

New Zealand law explained for everyone

Land Transfer Act 2017

Land title and registration - Title to land - Alteration of register in cases of manifest injustice

55: Court may make order only in cases of manifest injustice

You could also call this:

"Court can change land ownership if it's very unfair"

Illustration for Land Transfer Act 2017

You can ask the court to change the land register if it would be very unfair for someone to own the land. The court will only agree if it thinks it is very unfair and money cannot fix the problem, either through compensation or damages under subpart 3 or other means. When making a decision, the court considers things like how the person got the land and if they followed the rules. You can also ask the court to consider things like if the land is Māori freehold land and if someone did not follow the Te Ture Whenua Maori Act 1993. The court looks at who is living on the land and what type of ownership it is. It also thinks about how long people have owned or lived on the land and any changes they made to it. The court can make an order with conditions, like who gets to live on the land. It makes decisions based on what it thinks is fair and relevant to the situation. The court's goal is to make a fair decision when someone asks to change the land register.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6907200.

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Housing and property > Land useHousing and property > Buying and selling homesMāori affairs > Māori land
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54: Application to court for order for alteration of register, or

"Apply to court to fix land ownership mistakes"

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56: Court must not make order if estate or interest transferred to third person, or

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Part 2Land title and registration
Title to land: Alteration of register in cases of manifest injustice

55Court may make order only in cases of manifest injustice

  1. The court may make an order cancelling the registration of person B only if it is satisfied that it would be manifestly unjust for person B to remain the registered owner of the estate or interest.

  2. For the purpose of subsection (1), the existence of forgery or other dishonest conduct does not, of itself, constitute manifest injustice.

  3. An order under this section may be made only if the court is satisfied that in the circumstances the injustice could not properly be addressed by compensation or damages, whether under subpart 3 or otherwise.

  4. In determining whether to make an order, the court may take into account—

  5. the circumstances of the acquisition by person B of the estate or interest; and
    1. failure by person B to comply with any statutory power or authority in acquiring the estate or interest; and
      1. if the estate or interest is in Māori freehold land, failure by a person to comply with Te Ture Whenua Maori Act 1993; and
        1. the identity of the person in actual occupation of the land; and
          1. the nature of the estate or interest, for example, whether it is an estate in fee simple or a mortgage; and
            1. the length of time person A and person B have owned or occupied the land; and
              1. the nature of any improvements made to the land by either person A or person B; and
                1. the use to which the land has been put by either person A or person B; and
                  1. any special characteristics of the land and their significance for either person A or person B; and
                    1. the conduct of person A and person B in relation to the acquisition of the estate or interest; and
                      1. any other circumstances that the court thinks relevant.

                        1. The court may make an order under this section on any conditions that the court thinks fit (for example, an order relating to possession of the land).