Section 87 — Land Transfer Act 1952: Issue of provisional certificate in case of loss of original

87 Issue of provisional certificate in case of loss of original (1) In the event of any grant or certificate of title being lost, mislaid, or destroyed, the registered proprietor, together with other persons (if any) having knowledge of the circumstances, may make a statutory declaration stating the facts of the case, the names and descriptions of the registered owners, and the particulars of all mortgages, encumbrances, or other matters affecting the land and the title thereto, to the best of the declarant's knowledge and belief. (2) The Registrar, if satisfied as to the truth of the declaration, may issue a provisional certificate of title, which provisional certificate shall contain an exact copy of the original grant or certificate and of every memorandum and endorsement thereon, and shall also contain a statement of the circumstances under which the provisional certificate is issued. (3) The Registrar shall at the same time enter in the register notice of the issuing of the provisional certificate and the date thereof, and the circumstances under which it was issued. (4) The Registrar before issuing a provisional certificate shall give at least the prescribed period of notice of his intention so to do in the Gazette and in at least one newspaper published in New Zealand. (5) Every such provisional certificate shall be available for all purposes and uses for which the grant or certificate of title so lost or mislaid would have been available, and as valid to all intents as the lost grant or certificate. (6) Instead of issuing a provisional certificate of title as herein provided, the Registrar, after giving notice similar to that provided for in subsection (4) hereof, may cancel the certificate of title by an endorsement on the existing folium of the register book, and may issue in lieu thereof a new certificate of title for the land. Compare: 1915 No 35 s 80 Subsection (4) 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).