Land Transfer Act 1952
Sections and provisions with full text and the judgments that cite each one.
Section 42 — Informal instruments not to be registered
42 Informal instruments not to be registered No Registrar shall register any instrument purporting to transfer or otherwise to deal with or affect any estate or interest in land under the provisions…
Section 43 — Where instrument lodged not in order for registration
43 Where instrument lodged not in order for registration (1) Subject to any regulations under this Act, where any instrument lodged for registration with the Registrar is found not to be in order for…
Section 44 — 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,…
Section 45 — Certified copies of register to be evidence
45 Certified copies of register to be evidence The Registrar shall furnish to any person applying for the same a certified copy of any registered instrument affecting land within his district, and…
Section 45A — Registrar may issue search copies
45A Registrar may issue search copies The Registrar may furnish to any person applying for the same a copy of any grant or certificate of title, or any lease or licence or deed forming a folio of or…
Section 46 — Register to be open for search
46 Register to be open for search Any person may have access to the register for the purpose of inspection during the hours and upon the days appointed by regulation under this Act. Compare: 1915 No…
Section 47 — Presentation of instruments for registration
47 Presentation of instruments for registration (1) A person claiming under an instrument, or anyone acting on his or her behalf, may present the instrument at a designated land registry office— (a)…
Section 48 — Where boundaries of district altered, copies of original registers to be evidence
48 Where boundaries of district altered, copies of original registers to be evidence [Repealed] Compare: 1915 No 35 s 44; 1950 No 24 s 3 Subsection (1) was amended, as from 7 October 1966, by section…
Section 49 — Registration through District Agents
49 Registration through District Agents [Repealed] Subsection (3) was repealed, as from 10 December 1991, by section 2(2)(e) Land Transfer Amendment Act 1991 (1991 No 118). Section 49 was repealed,…
Section 50 — Until register duly constituted, land to be provisionally registered
50 Until register duly constituted, land to be provisionally registered Until a folium of the register has been duly constituted for any land under this Act, all dealings, memorials, and entries…
Section 51 — When register duly constituted, provisional register to be closed
51 When register duly constituted, provisional register to be closed (1) So soon as the register of any land is finally constituted, the Registrar shall close the provisional register as to that…
Section 52 — Entries in provisional register to be evidence of title
52 Entries in provisional register to be evidence of title So long as land remains on the provisional register, no certificate of title other than a certificate in lieu of grant shall be issued in…
Section 53 — Special provisions as to Canterbury educational reserves
53 Special provisions as to Canterbury educational reserves (1) Every receipt issued by the Director-General of Lands for the purchase money of land contracted to be sold under the provisions of the…
Section 54 — Application of Act to provisional registration
54 Application of Act to provisional registration Subject to any special provisions herein contained, all provisions of this Act shall, so far as the circumstances of the case will admit, apply to…
Section 55 — No dealings to be registered until payment of fees
55 No dealings to be registered until payment of fees [Repealed] Compare: 1915 No 35 s 50; 1924 No 32 s 27 Section 55 was repealed, as from 1 February 1999, by section 43(1) Land Transfer…
Section 56 — High Court may investigate cases of lost instruments
56 High Court may investigate cases of lost instruments In case of the loss or destruction before registration thereof of any instrument executed by a registered proprietor for the purpose of…
Section 57 — Court may order claimant to be registered as proprietor
57 Court may order claimant to be registered as proprietor (1) Upon proof to the satisfaction of the Court of the fact of such loss or destruction as aforesaid, and that such instrument as aforesaid…
Section 58 — Interests outstanding to be notified in register
58 Interests outstanding to be notified in register Leases, mortgages, encumbrances, or other estates or interests affecting the estate of the proprietor at the time of bringing land under this Act…
Section 59 — Interests registered under Deeds Registration Act to be recognised
59 Interests registered under Deeds Registration Act to be recognised (1) Estates and interests existing by virtue of instruments registered under the Deeds Registration Act 1908 affecting land over…
Section 60 — Claims for loss through neglect of claimant to register
60 Claims for loss through neglect of claimant to register No person claiming any estate or interest by virtue of any deed or instrument which might have been registered against the land under any…
Section 61 — Persons jointly registered to be joint tenants
61 Persons jointly registered to be joint tenants Subject to any Act of the Parliament of New Zealand for the time being in force relating to the tenure of land by persons of the Maori race, any 2 or…
Section 62 — Estate of registered proprietor paramount
62 Estate of registered proprietor paramount Notwithstanding the existence in any other person of any estate or interest, whether derived by grant from the Crown or otherwise, which but for this Act…
Section 63 — Registered proprietor protected against ejectment
63 Registered proprietor protected against ejectment (1) No action for possession, or other action for the recovery of any land, shall lie or be sustained against the registered proprietor under the…
Section 64 — Title guaranteed to registered proprietor
64 Title guaranteed to registered proprietor Subject to the provisions of Part 1 of the Land Transfer Amendment Act 1963 , after land has become subject to this Act, no title thereto, or to any…
Section 65 — Registered proprietor entitled to certificate of title
65 Registered proprietor entitled to certificate of title (1) Every registered proprietor of an estate of freehold in possession in land under this Act shall be entitled to a certificate of title for…
Section 66 — Certificates of title in respect of leasehold interests
66 Certificates of title in respect of leasehold interests (1) In the case of any lease, including a lease forming a folium of the register book in the office of the Registrar, the Registrar may, if…
Section 67 — Existing encumbrances to be noted in certificate
67 Existing encumbrances to be noted in certificate The Registrar shall note upon every certificate, in such manner as to preserve their priority, the memorials of all unsatisfied mortgages, leases…
Section 68 — Certificate, how to be dated
68 Certificate, how to be dated (1) Every certificate issued pursuant to any dealing under this Act shall bear even date with the registration of that dealing, unless the dealing has been originally…
Section 69 — How memorial of easement to be recorded
69 How memorial of easement to be recorded Whenever any easement or incorporeal right, other than an annuity or rentcharge in or over any land under this Act, is created for the purpose of being…
Section 70 — Removal of easements and profits á prendre from register
70 Removal of easements and profits á prendre from register (1) If any easement or profit á prendre has been determined or extinguished, or appears to the Registrar to be redundant, the Registrar…
Section 71 — Removal of fencing covenants from title
71 Removal of fencing covenants from title On the application of any person having any registered estate or interest in any land that is subject to a registered covenant or agreement relating to…
Section 72 — Tenants in common entitled to separate certificates
72 Tenants in common entitled to separate certificates When 2 or more persons are entitled as tenants in common to undivided shares in any land, each such person shall be entitled to receive a…
Section 73 — Issue of certificate may be withheld in certain cases
73 Issue of certificate may be withheld in certain cases The Registrar shall not be bound to issue a certificate of title upon any application in respect of which notice is hereby required to be…
Section 74 — Certificate issued in name of deceased person not void
74 Certificate issued in name of deceased person not void If any certificate, whether on the first bringing of land under this Act or otherwise, is issued in the name of a person who has previously…
Section 75 — Certificate to be evidence of proprietorship
75 Certificate to be evidence of proprietorship (1) Every certificate of title duly authenticated under the hand and seal of the Registrar shall be received in all Courts of law and equity as…
Section 76 — Instruments executed by person not actually registered
76 Instruments executed by person not actually registered (1) No instrument purporting to deal with any land, estate, or interest under this Act shall be or be deemed to have been invalid or…
Section 77 — No right to public road or reserve where unauthorised registration
77 No right to public road or reserve where unauthorised registration No right to any public road or reserve shall be acquired, or be deemed to have been acquired, by the unauthorised inclusion…
Section 78 — Certificate not to be impeached
78 Certificate not to be impeached No certificate of title or computer register as defined in the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 shall be impeached or…
Section 79 — Certificate void in certain cases
79 Certificate void in certain cases Any certificate of title issued upon the first bringing of land under this Act, whether upon application or by force of any statute or of the order of any Court,…
Section 80 — Errors in register may be corrected
80 Errors in register may be corrected (1) The Registrar may, upon such evidence as appears to him sufficient, subject to any regulations under this Act, correct errors and supply omissions in…
Section 81 — Surrender of instrument obtained through fraud, etc
81 Surrender of instrument obtained through fraud, etc (1) Where it appears to the satisfaction of the Registrar that any certificate of title or other instrument has been issued in error, or…
Section 82 — Person failing to surrender instrument may be summoned to Court
82 Person failing to surrender instrument may be summoned to Court (1) In case any such person refuses or neglects to comply with that request, or cannot be found, the Registrar may apply to the High…
Section 83 — Person refusing to surrender instrument may be committed to prison
83 Person refusing to surrender instrument may be committed to prison Upon the appearance before the Court of any person notified or brought up by virtue of a warrant as aforesaid, the Court may…
Section 84 — Issue of new certificate of title, etc
84 Issue of new certificate of title, etc In any such case, or in case the said person has absconded so that notice of the application cannot be served upon him, the Registrar shall, if the…
Section 85 — Court may order former certificate of title to be cancelled
85 Court may order former certificate of title to be cancelled Upon the recovery of any land, estate, or interest by any proceeding in any Court from the person registered as proprietor thereof, the…
Section 86 — Single certificate in place of several or several in place of one
86 Single certificate in place of several or several in place of one (1) Upon the application or with the consent of any registered proprietor of land held under separate grants or certificates of…
Section 87 — 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…
Section 88 — Provision in case of lost lease or mortgage
88 Provision in case of lost lease or mortgage (1) The provisions of the last preceding section shall, as far as they are applicable and with the necessary modifications, apply to any lease or…
Section 89 — Issue of certificate of title on sale for non-payment of rates
89 Issue of certificate of title on sale for non-payment of rates Where a transfer has, under section 83 of the Local Government (Rating) Act 2002 , been registered without production of the…
Section 89A — Application by adjoining owners for title to access strip
89A Application by adjoining owners for title to access strip (1) Where on the subdivision of any land any separate part thereof (in this Part of this Act referred to as an access strip) was, in the…