Section 20 — Land Transfer Act 1952: By whom applications may be made

20 By whom applications may be made (1) The Registrar of each district shall receive applications for the purpose aforesaid in Form A in Schedule 2 to this Act or other prescribed form, if made by any of the following persons, that is to say: (a) By any person (claiming to be the person) in whom the fee simple of the land is vested in possession either at law or in equity: Provided that, wherever trustees other than trustees of public reserves have no express power to sell the land which they seek to bring under this Act, the person claiming to be beneficially entitled to the land shall concur in the application: (b) By any person claiming a life estate in possession, not being a lease for a life or lives: Provided that all persons claiming to be beneficially entitled in reversion or remainder shall concur in the application: (c) By any person having power legally or equitably to dispose of the fee simple in possession, but, if subject to the consent of any other person, then with that consent: (d) By any person or body corporate holding any land as a public reserve, but in that case subject to the trusts affecting the reserve: (e) By the guardian of any infant, making the application in the name of the infant: (f) In the case of a mentally disordered person within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992 , being a patient within the meaning of that Act, by Public Trust or, as the case may be, the manager of his estate, making the application in the name of the mentally disordered person: (g) In the case of a person in respect of whom a protection order is in force under the Protection of Personal and Property Rights Act 1988 by the manager of his estate, making the application in the name of the protected person: (h) By any agent holding a power of attorney authorising the sale of a freehold estate in any land of an absent proprietor, and making the application in the name of the proprietor, unless the power expressly prohibits his so doing. (2) No such application shall be received— (a) From any person claiming to be entitled to an undivided share of any land, unless the persons who appear to be entitled to the other undivided shares of the said land join in the application with a view to bringing the entirety under this Act; nor (b) From the mortgagor of any land, unless the mortgagee consents to the application; nor (c) From the mortgagee of any land, except in exercise of a power of sale contained in the mortgage. (3) Every application to bring any land under this Act made by or on behalf of a company or other body corporate incorporated in New Zealand shall be executed in accordance with regulations made under this Act. Compare: 1915 No 35 s 20 Subsection (1) was amended, as from 26 August 2002, by section 65(2) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11) by inserting the words “ or other prescribed form ” after the words “ Form A in Schedule 2 to this Act ” . See clause 2 Land Transfer (Computer Registers And Electronic Lodgement) Amendment Act Commencement Order 2002 (SR 2002/216). The words “ a mentally disordered person within the meaning of the Mental Health Act 1969 ” in subsection (1)(f) were substituted, as from 1 April 1970, for the words “ a mentally defective person within the meaning of the Mental Health Act 1911 ” pursuant to section 129(4) Mental Health Act 1969 (1969 No 16). A reference to the Mental Health (Compulsory Assessment and Treatment) Act 1992 (1992 No 46) in subsection (1)(f) was substituted, for a reference to the Mental Health Act 1969 pursuant to section 137(1) Mental Health (Compulsory Assessment and Treatment) Act 1992 (1992 No 46). The word “ manager ” in subsection (1)(f) was substituted, as from 1 April 1970, for the word “ committee ” pursuant to section 129(7) Mental Health Act. See section 117(3) Protection of Personal and Property Rights Act 1988 (1988 No 4). Subsection (1)(f) was amended, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100) by substituting the words “ Public Trust ” for the words “ the Public Trustee ” . See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11). In subsection (1)(g) the reference to the Personal and Property Rights Act 1988 was substituted, as from 1 October 1988, for a reference to the Aged and Infirm Persons Protection Act 1912 by section 113 Protection of Personal and Property Rights Act 1988 (1988 No 4). Subsection (3) was amended, as from 1 July 1994, by section 2 Land Transfer Amendment Act 1994 (1994 No 12) by substituting the words “ executed in accordance with section 161 of this Act ” for the words “ under the seal of the corporation ” . Subsection (3) was amended, as from 17 May 2005, by section 3 Land Transfer Amendment Act 2005 (2005 No 58) by substituting the words “ regulations made under ” for the words “ section 161 of ” .