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StatuteProperty Law Act 2007

Section 165 — Property Law Act 2007: Persons entitled to receive reports

Text of the provision Official document

165 Persons entitled to receive reports (1) A mortgagee or other person required to prepare a report under section 162 or 163 must send a copy of it— (a) to the current mortgagor, at the address of the current mortgagor’s place of business, registered office, or residence to which the notice to the current mortgagor required by section 156 must be addressed under section 157 ; and (b) to the following persons if the mortgagee or other person has actual knowledge of the name and address of the person: (i) every former mortgagor: (ii) every covenantor: (iii) every mortgagee under a subsequent mortgage, and every holder of any other subsequent encumbrance, over the mortgaged land or goods: (iv) every person who has lodged a caveat under section 137 of the Land Transfer Act 1952, or a notice under section 42 of the Property (Relationships) Act 1976 having the effect of a caveat, against the title to the mortgaged land or any part of it. (2) A mortgagee or other person required to prepare a report under section 162 or 163 must, within 15 working days after receiving a written request for a copy of the report from any of the following persons, and on payment of the reasonable costs of making and sending the copy, send a copy of the report to the person requesting it: (a) a creditor of the mortgagor: (b) if the current mortgagor is a body corporate, a director of the body corporate: (c) a former mortgagor: (d) a covenantor: (e) any other person with an interest in all or part of the land or goods. (3) If the current mortgagor is a body corporate registered under an enactment, the mortgagee or other person who prepares a report under section 162 or 163 must, within 5 working days after preparing the report, send a copy of the report to the Registrar. (4) If a mortgagee or other person fails to comply with this section, the mortgagee or person, and, if the mortgagee or person is a body corporate, every director of the body corporate, commits an offence and is liable on summary conviction to a fine not exceeding $10,000. Compare: 1952 No 51 s 104LL

Official source: legislation.govt.nz

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