Section 172 — Land Transfer Act 1952: Compensation for mistake or misfeasance of Registrar

172 Compensation for mistake or misfeasance of Registrar Any person— (a) Who sustains loss or damage through any omission, mistake, or misfeasance in the performance of any duty , function, or power imposed or conferred under this Act on the Registrar or an employee of the chief executive of the Department or person to whom a delegation has been made under section 5 ; or (b) Who is deprived of any land, or of any estate or interest in land, through the bringing of the land under the Land Transfer Acts, or by the registration of any other person as proprietor of that land, or by any error, omission, or misdescription in any certificate of title, or in any entry or memorial in the register, or has sustained any loss or damage by the wrongful inclusion of land in any certificate as aforesaid, and who by this Act is barred from bringing an action for possession or other action for the recovery of that land, estate, or interest— may bring an action against the Crown for recovery of damages. Compare: 1915 No 35 s 186 Paragraph (a) was substituted, as from 1 February 1999, by section 43(1) Land Transfer (Automation) Amendment Act 1998 (1998 No 123). Paragraph (a) was amended, as from 1 June 2002, by section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11), by substituting the words “ , function, or power imposed or conferred ” for the word “ imposed ” . Paragraph (a) was amended, as from 1 June 2002, by section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11), by inserting the words “ or person to whom a delegation has been made under section 5 ” after the word “ Department ” .