Section 164 — Land Transfer Act 1952: Correctness of instrument to be certified

164 Correctness of instrument to be certified (1) No Registrar shall receive any application for bringing land under this Act, or any instrument purporting to deal with or affect any estate or interest under the provisions hereof, unless there is endorsed thereon a certificate that the same is correct for the purposes of the Act, signed by the applicant or party claiming under or in respect of the instrument, or by a practitioner employed by that applicant or party: Provided that where any instrument has not been certified as correct under the foregoing provisions of this subsection any other person who is a party to the instrument or claims any interest thereunder or in respect thereof or his legal personal representative may apply to the High Court for authority to certify that the instrument is correct for the purposes of this Act, and the Court may order accordingly if it is satisfied that it is just and expedient that the authority be granted; and, upon production of a sealed copy of the order, the Registrar may register the instrument if it is certified as correct for the purposes of this Act by the person so authorised. (2) A corporation may authorise any person to certify on its behalf. (3) Every person who falsely or negligently certifies to the correctness of any such application or other instrument commits an offence, and is liable on summary conviction before a District Court Judge to a fine not exceeding $100. Compare: 1915 No 35 s 175 Section 164(1): amended, on 1 August 2008, by section 343 of the Lawyers and Conveyancers Act 2006 (2006 No 1). The words “ High Court ” in subsection (1) were substituted, as from 1 April 1980, for the words “ Supreme Court ” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124). The words “ District Court Judge ” in subsection (3) were substituted, as from 1 April 1980, for the word “ Magistrate ” pursuant to section 18(2) District Courts Amendment Act 1979 (1979 No 125).