Section 211 — Land Transfer Act 1952: Registrar may require production of instruments, etc

211 Registrar may require production of instruments, etc Every Registrar, in addition to the powers otherwise conferred by this or any other Act in him, may exercise all or any of the powers following, that is to say: (a) He may require the proprietor or other person making or concurring in any application under this Act to produce any deed or instrument in his possession or control relating to the land the subject of the application, and, if necessary, to attend and give any information or explanation concerning any such deed or instrument: (b) He may by notice require any person having in his possession or control any grant, certificate, or other instrument upon which any memorial or entry is required to be endorsed for the purposes of this Act to produce that instrument within a reasonable time to be fixed by the notice, and to deposit the instrument in the Land Registry Office of his district for such time as may be necessary for the making of that endorsement or entry: (c) He may, if in his opinion the number or nature of the entries on any folium of the register renders it expedient to close the folium, or if any document of title has become worn, defaced, or mutilated so as to justify his so doing, require the holder of the outstanding duplicate of title to surrender that duplicate for cancellation; and upon cancellation a new certificate shall be issued to the person entitled thereto : (ca) He may, for the purpose of preparing a copy of any original grant or certificate under section 215B of this Act, by notice require any person having in his possession or control any duplicate certificate of title, or any instrument or other document, relating to the land to which the original grant or certificate relates to produce that duplicate certificate, instrument, or other document within a reasonable time to be fixed by the notice, and to deposit it in the Land Registry Office of his district for such time as may be necessary for the said purposes: (d) He may enter caveats for the protection of any person who is under the disability of infancy or unsoundness of mind or is absent from New Zealand, or, on behalf of the Crown, to prohibit the transfer or dealing with any land within his district belonging or supposed to belong to any such person, and also to prohibit the dealing with any land within his district in any case in which it appears to him that an error has been made by misdescription of that land or otherwise in any certificate of title or other instrument, or for the prevention of any fraud or improper dealing: (e) He may administer oaths, or may take a statutory declaration in lieu of administering an oath. Compare: 1915 No 35 s 183; 1936 No 31 s 13 Section 211 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 “ otherwise conferred by this or any other Act ” for the words “ hereinbefore vested ” . Paragraph (c) was amended, as from 10 December 1991, by section 2(2)(c) Land Transfer Amendment Act 1991 (1991 No 118) by omitting the words “ upon payment of the prescribed fee ” . Paragraph (c) proviso was repealed, as from 10 April 1991, by section 2(2)(d) Land Transfer Amendment Act 1991 (1991 No 118). Paragraph (ca) was inserted, as from 30 November 1982, by section 5 Land Transfer Amendment Act (No 2) 1982 (1982 No 115).