Section 44 — Land Transfer Act 1952: Registrar may dispense with duplicate instruments

44 Registrar may dispense with duplicate instruments (1) The Registrar where he or she has reasonable cause for so doing, may dispense with the production of any grant, certificate of title, lease, or other instrument for the purpose of entering the memorial by this Act required to be entered upon the transfer or other dealing with land within his district and under the provisions of this Act. (2) Where production has been dispensed with as aforesaid, then, upon the registration of the transfer or other dealing, the Registrar shall notify in the memorial in the register book of his district that no entry of that memorial has been made on the duplicate grant or other instrument, and every such transfer or other dealing shall thereupon be as valid and effectual as if the memorial had been so entered: Provided that before registering any such transfer or other dealing the Registrar shall give at least the prescribed period of notice of his intention to register the dealing in the Gazette and in at least one newspaper published in the locality. Compare: 1915 No 35 s 40 Subsection (1) was amended, as from 1 February 1999, by section 43(1) Land Transfer (Automation) Amendment Act 1998 (1998 No 123) by substituting the words “ where he or she has ” for the words “ and Examiner, in case they see ” . Subsection (2) proviso was amended, as from 1 February 1999, by section 43(1) Land Transfer (Automation) Amendment Act 1998 (1998 No 123) by substituting the word “ locality ” for the word “ district ” . Subsection (2) proviso 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 substituting the words “ the prescribed period of ” for the expression “ 14 days' ” . See clause 2 Land Transfer (Computer Registers And Electronic Lodgement) Amendment Act Commencement Order 2002 (SR 2002/216).