Section 166 — Land Transfer Act 1952: Verification of instruments executed out of New Zealand

166 Verification of instruments executed out of New Zealand (1) Every instrument duly executed elsewhere than in New Zealand shall, as regards the execution thereof, be accepted for registration or deposit if the execution is verified in any of the following ways, that is to say: (a) Where the instrument is executed in any foreign country, then— (i) If it purports to be executed before a Commonwealth representative exercising his functions in that country and to be sealed with his seal of office (if any), or if there is endorsed thereon or annexed thereto a declaration of the due execution thereof purporting to be made by an attesting witness thereto before any such Commonwealth representative as aforesaid, and to be sealed as aforesaid; or (ii) By or before a Notary Public exercising his office in that country; or (iii) In any case where the provisions of section 9 of the Evidence Amendment Act 1945 apply, in the manner provided in that section: (b) Where the instrument is executed in any Commonwealth country, then— (i) In a manner prescribed by paragraph (a) of this subsection for instruments executed in a foreign country; or (ii) In the manner (if any) prescribed by the law of that country for the verification of documents to be used abroad. (2) In the absence of proof to the contrary, it shall be presumed that any seal or signature impressed, affixed, appended, or subscribed on or to any such instrument submitted for registration or deposit, or on or to any document verifying the execution of any such instrument, is genuine, and that the person appearing to have signed or attested any such instrument or document had in fact authority to sign or attest it, and that any such document was in fact made in accordance with the law under which it purports to have been made. (3) In this section— Commonwealth country means a country that is a member of the British Commonwealth of Nations; and includes every territory for whose international relations the Government of that country is responsible; and also includes the Republic of Ireland as if that country were a member of the British Commonwealth of Nations Commonwealth representative means any Ambassador, High Commissioner, Commissioner, Minister, Counsellor, Chargé d'Affaires, Head of Mission, Consular Officer, Pro-consul, Trade Commissioner, or Tourist Commissioner of a Commonwealth country (including New Zealand); and includes any person lawfully acting for any such officer; and also includes any diplomatic secretary on the staff of any such Ambassador, High Commissioner, Commissioner, Minister, Counsellor, Chargé d'Affaires, or Head of Mission. In subsection (3) Commonwealth representative was substituted, as from 23 October 1963, by section 27 Land Transfer Amendment Act 1963 (1963 No 61). Compare: 1915 No 35 s 176