Land Transfer Act 1952
Sections and provisions with full text and the judgments that cite each one.
Section 1 — Short Title and commencement
1 Short Title and commencement This Act may be cited as the Land Transfer Act 1952, and shall come into force on the 1st day of January 1953.
Section Sch1 — Certificates of title
Schedule 1 Certificates of title Form No 1 Certificate in lieu of grant Section 12 New [New Zealand Arms] Zealand Reference {Warrant No {PR Folio Register book: Vol , folio CERTIFICATE OF TITLE UNDER…
Section 2 — Interpretation
2 Interpretation In this Act, and in all instruments purporting to be made and executed under this Act, unless the context otherwise requires,— Bankruptcy means the vesting in any person or persons…
Section Sch2 — Forms of documents
Schedule 2 Forms of documents Form A Application to bring land under the Act Section 20 I, AB, of .................., do declare that I am [or on behalf of .................., of ..................,…
Section 2A — Act binds the Crown
2A Act binds the Crown This Act binds the Crown. Section 2A was inserted, as from 1 February 1999, by section 32 Land Transfer (Automation) Amendment Act 1998 (1998 No 123).
Section 3 — Land Registration Districts
3 Land Registration Districts (1) The land registration districts existing at the commencement of the Land Transfer (Automation) Amendment Act 1998 continue until altered under subsection (2) . (2)…
Section Sch3 — Covenants, conditions, and powers implied, pursuant to memorandum of priority, in mortgages thereby postponed
Schedule 3 Covenants, conditions, and powers implied, pursuant to memorandum of priority, in mortgages thereby postponed Section 103 (1) That the mortgagor will duly and punctually pay all principal,…
Section 4 — Registrar-General of Land
4 Registrar-General of Land (1) There must be a Registrar-General of Land, appointed under the State Sector Act 1988 . (2) No person may be appointed Registrar-General, and no person may be directed…
Section Sch4 — Covenants implied in instruments
Schedule 4 Covenants implied in instruments Section 155 The words will insure imply that the covenantor will insure, in the joint names of the covenantor and covenantee, and, so long as the term…
Section 5 — Delegation of Registrar's powers and duties
5 Delegation of Registrar's powers and duties (1) The Registrar may from time to time, either generally or particularly, delegate to any employee of the chief executive of the Department or any other…
Section Sch5 — Attestation of instruments
Schedule 5 Attestation of instruments Form No 1 Section 159 CERTIFICATE OF DISTRICT LAND REGISTRAR, JUSTICE OF THE PEACE, ETC, TAKING DECLARATION OF ATTESTING WITNESS APPEARED before me at ....... ,…
Section 6 — Registrar to have seal of office
6 Registrar to have seal of office (1) The Registrar must have and use a seal of office, bearing the impression of the New Zealand Coat of Arms and having inscribed the words “ Registrar-General of…
Section Sch6 — Scale of charges for landbrokers
Schedule 6 Scale of charges for landbrokers Sections 229, 234 [Repealed] The references to money in decimal currency were substituted, as from 10 July 1967, for references to money in the former…
Section 7 — Barristers or solicitors only to be appointed to certain offices
7 Barristers or solicitors only to be appointed to certain offices [Repealed] Compare: 1915 No 35 s 7; 1939 No 7 s 2 Section 7 was amended, as from 1 January 1962, by section 59(1) Universities Act…
Section Sch7 — Rights and powers of grantees implied in certain easements
Schedule 7 Rights and powers of grantees implied in certain easements Section 90D [Repealed] Schedule 7 was inserted, as from 29 September 1961, by section 4(1)(c) Land Transfer Amendment Act 1961…
Section 8 — Officers to be subject to regulations of Public Service
8 Officers to be subject to regulations of Public Service [Repealed] Compare: 1915 No 35 s 8 Sections 5 and 6 were substituted, and sections 7 to 9 were repealed, as from 1 February 1999, by section…
Section Sch8 — Enactments repealed
Schedule 8 Enactments repealed Section 245 1915, No 35— The Land Transfer Acts Compilation Act 1915 (including the Land Transfer Act 1915). (1931 Reprint, Vol VII, p 1161.) 1920, No 43— The Land Laws…
Section 9 — Registrar to have and use seal of office
9 Registrar to have and use seal of office [Repealed] Compare: 1915 No 35 s 9 Sections 5 and 6 were substituted, and sections 7 to 9 were repealed, as from 1 February 1999, by section 35 Land…
Section 10 — What lands subject to this Act
10 What lands subject to this Act The following land shall be subject to the provisions of this Act: (a) All land which has already in any manner become subject to the provisions of any former Land…
Section 11 — Special provision as to land under Maori Land Act
11 Special provision as to land under Maori Land Act Land over which the Maori title has been extinguished since the constitution of the district within which the same is situate, but before the 31st…
Section 12 — Issue of certificate of title in lieu of Crown grant
12 Issue of certificate of title in lieu of Crown grant (1) A Crown grant may not be issued for any land subject to the provisions of this Act; but in lieu of a grant the Governor-General may by…
Section 13 — Particulars to be specified in warrant
13 Particulars to be specified in warrant Every such warrant— (a) Shall specify the name and description of the person or persons entitled to the grant, and, if more than one, whether as joint…
Section 14 — Certificate may be issued to person claiming through person named in warrant
14 Certificate may be issued to person claiming through person named in warrant If it appears on the provisional register that the estate of any person named in any warrant as entitled to a Crown…
Section 15 — Certificate to issue subject to existing encumbrances
15 Certificate to issue subject to existing encumbrances Every certificate of title to be issued or computer register created as aforesaid shall be made subject to all encumbrances, estates, and…
Section 16 — Warrant not necessary where persons entitled under Act, etc
16 Warrant not necessary where persons entitled under Act, etc No warrant shall be necessary for the issue of a certificate of title to any person in whom any land has become vested, whether before…
Section 17 — Warrant to fix antevesting date
17 Warrant to fix antevesting date (1) The land comprised in any certificate of title issued in lieu of a Crown grant shall be deemed to have been subject to the provisions of the Land Transfer Acts…
Section 18 — Reservation of road by warrant
18 Reservation of road by warrant (1) The reservation in any such warrant of any right of road, or right to take or lay off any road, shall, as from the date of the warrant, have the like effect as…
Section 19 — How land may be brought under Act
19 How land may be brought under Act Land which has not become subject to this Act in any manner under the foregoing provisions may, if the same has been alienated or contracted to be alienated from…
Section 20 — 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…
Section 21 — Applicant to surrender title deeds
21 Applicant to surrender title deeds Every applicant shall, when making his application, surrender to the Registrar all instruments in his possession or under his control constituting or in any way…
Section 22 — Procedure on application
22 Procedure on application [Repealed] Section 22 was repealed, as from 1 February 1999, by section 43(1) Land Transfer (Automation) Amendment Act 1998 (1998 No 123).
Section 23 — Notice of application to be gazetted
23 Notice of application to be gazetted If it appears to the satisfaction of the Registrar that the land in respect of which the application is made is held by the applicant for the estate or…
Section 24 — If applicant is original grantee, notice may be dispensed with
24 If applicant is original grantee, notice may be dispensed with If it appears that the applicant is the original grantee from the Crown, and that no instrument, matter, or thing affecting the title…
Section 25 — When Registrar may reject application or order service of notices
25 When Registrar may reject application or order service of notices If it appears to the Registrar that any person interested (otherwise than as a lessee under a lease for years) is not a party to…
Section 26 — Notice of application to be posted in an appropriate office of the Registrar
26 Notice of application to be posted in an appropriate office of the Registrar The Registrar shall, in addition to the notices aforesaid, cause notice of every such application as last mentioned to…
Section 27 — If no caveat lodged, Registrar may bring land under Act
27 If no caveat lodged, Registrar may bring land under Act (1) The Registrar must (by acting under subsection (2) ) bring under this Act the land described in any application if, at the expiration of…
Section 28 — In case of failure to serve notice, time may be extended
28 In case of failure to serve notice, time may be extended If it appears to the Registrar, at the expiration of the time limited as aforesaid, that there has been a failure in the service of any…
Section 29 — Application may be withdrawn by consent of persons interested
29 Application may be withdrawn by consent of persons interested The applicant may, with the consent of the person (if any) in whose name the certificate of title has been directed to be issued,…
Section 30 — Disposition of previous title deeds on issue of certificate of title
30 Disposition of previous title deeds on issue of certificate of title (1) Upon issuing a certificate of title bringing land under this Act, the Registrar shall cancel by stamp or otherwise the…
Section 31 — Reversion on lease not extinguished by bringing land under Act
31 Reversion on lease not extinguished by bringing land under Act The reversion expectant upon any lease shall not be deemed to have been extinguished in consequence of the land whereof that lease…
Section 32 — Registration of Crown grant under Deeds Registration Act not necessary
32 Registration of Crown grant under Deeds Registration Act not necessary It shall not be necessary for the Registrar to register any Crown grant that may be transmitted to him for registration under…
Section 33 — Registrar to keep register
33 Registrar to keep register (1) Each Registrar shall keep a register, whether in the form of a book or otherwise, and shall bind up or include therein a duplicate of every grant of land and of…
Section 34 — When instruments deemed registered
34 When instruments deemed registered (1) Every grant and certificate of title shall be deemed and taken to be registered under the provisions and for the purposes of this Act so soon as the same…
Section 35 — Registered proprietor
35 Registered proprietor The person named in any grant, certificate of title, or other instrument so registered as seised of or taking any estate or interest shall be deemed to be the registered…
Section 36 — Instruments to be in duplicate
36 Instruments to be in duplicate (1) Every instrument presented for registration shall (except in the case of a memorandum of transfer) be in duplicate, or, if the person presenting the same so…
Section 37 — Priority according to time of registration
37 Priority according to time of registration (1) Every instrument shall be registered in the order of time in which the same is presented for that purpose. (2) Instruments registered with respect to…
Section 38 — Registration procedure
38 Registration procedure (1) On registration of any instrument the Registrar shall file the same or one part thereof (if in duplicate or triplicate) in his office and deliver the other or others (if…
Section 39 — Contents of memorial
39 Contents of memorial (1) Every memorial entered in the register shall state the nature of the instrument to which it relates, the day and hour of the production of the instrument for registration,…
Section 40 — Memorial to be recorded on duplicate grant or other instrument
40 Memorial to be recorded on duplicate grant or other instrument (1) Whenever a memorial of any instrument has been entered in the register, the Registrar shall (except in the case of a transfer or…
Section 41 — Instruments not effectual until entry in register
41 Instruments not effectual until entry in register (1) No instrument shall be effectual to pass any estate or interest in any land under the provisions of this Act, or to render any such land…