Land Transfer Act 1952
Sections and provisions with full text and the judgments that cite each one.
Section 156 — Action for breach of covenant
156 Action for breach of covenant In any action for a breach of any implied covenant, the covenant alleged to be broken may be set forth in the statement of claim, and it may be alleged that the…
Section 157 — Paper instruments to be executed
157 Paper instruments to be executed (1) Every paper instrument for the purpose of creating, transferring, or charging any estate or interest under this Act must be executed by the registered…
Section 158 — When instruments deemed to be attested
158 When instruments deemed to be attested [Repealed] The words “ High Court ” were substituted, as from 1 April 1980, for the words “ Supreme Court ” pursuant to section 12 Judicature Amendment Act…
Section 159 — Questions to attesting witness, and certificate thereon
159 Questions to attesting witness, and certificate thereon [Repealed] Subsection (1) was amended, as from 1 February 1999, by section 43(1) Land Transfer (Automation) Amendment Act 1998 (1998 No…
Section 160 — Acknowledgment by party to instrument, and certificate thereon
160 Acknowledgment by party to instrument, and certificate thereon [Repealed] Section 160 was amended, as from 1 February 1999, by section 43(1) Land Transfer (Automation) Amendment Act 1998 (1998 No…
Section 161 — Execution of documents by corporation
161 Execution of documents by corporation [Repealed] Section 161 was substituted, as from 1 July 1994, by section 3 Land Transfer Amendment Act 1994 (1994 No 12). Section 161 was substituted, as from…
Section 162 — Unincorporated building societies
162 Unincorporated building societies [Repealed] Sections 158 to 162 were repealed, as from 26 August 2002, by section 56 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act…
Section 163 — Instruments as evidence
163 Instruments as evidence Every paper instrument executed and registered under this Act is presumed to have been sufficiently executed in the absence of evidence to the contrary, and is sufficient…
Section 164 — Correctness of instrument to be certified
164 Correctness of instrument to be certified (1) No Registrar shall receive any application for bringing land under this Act, or any instrument purporting to deal with or affect any estate or…
Section 164A — Certification
164A Certification (1) Every instrument to which this subsection applies must contain a certification that complies with subsection (3) . (2) Subsection (1) applies to— (a) electronic instruments;…
Section 164B — Who may give certification
164B Who may give certification (1) A certification under section 164A may be given only by a practitioner. (2) The Registrar may revoke a person's right to give a certification under section 164A at…
Section 164C — Retention of evidence and audit of certifications
164C Retention of evidence and audit of certifications (1) Any person who gives a certification must retain evidence showing the truth of the certification for the period prescribed for the purpose…
Section 164D — Requirements about execution do not apply if certification given
164D Requirements about execution do not apply if certification given If a certification has been given in relation to an instrument to which section 164A(1) applies, the following provisions do not…
Section 164E — Effect of certification
164E Effect of certification (1) When an instrument certified under section 164A (other than a discharge of mortgage under section 111 ) is registered, the instrument has the same effect as a deed…
Section 165 — Governments of other countries may be registered as proprietors of land
165 Governments of other countries may be registered as proprietors of land (1) The Government of any oversea country shall be deemed to be and to have always been capable of being registered as the…
Section 166 — Verification of instruments executed out of New Zealand
166 Verification of instruments executed out of New Zealand (1) Every instrument duly executed elsewhere than in New Zealand shall, as regards the execution thereof, be accepted for registration or…
Section 167 — Plans to be deposited in certain cases
167 Plans to be deposited in certain cases (1) On any application to bring land under the provisions of this Act, or for a new certificate on any subdivision of or other dealing with the land…
Section 167A — Deposit documents
167A Deposit documents (1) The Registrar may specify a form for any matter referred to in subsection (2) that is a prerequisite for— (a) the deposit of a plan under section 167 ; or (b) the issue of…
Section 168 — Deposit not to operate as dedication of roads
168 Deposit not to operate as dedication of roads (1) The deposit of a plan of subdivision of any land shall not operate as a dedication for public purposes of roads shown on that plan, but a right…
Section 169 — Land taken for roads to be defined on register
169 Land taken for roads to be defined on register (1) Where a public road is taken or laid out over any land under this Act the Surveyor-General shall forward to the Registrar the particulars of…
Section 170 — Cost of survey for correction of plans, etc
170 Cost of survey for correction of plans, etc The cost of any survey authorised by the Surveyor-General for correction of any land transfer plan or certificate shall without further appropriation…
Section 171
171 [Repealed] Section 171 was repealed, as from 1 April 1987, by section 81(3) Survey Act 1986 (1986 No 123).
Section 172 — Compensation for mistake or misfeasance of Registrar
172 Compensation for mistake or misfeasance of Registrar Any person— (a) Who sustains loss or damage through any omission, mistake, or misfeasance in the performance of any duty , function, or power…
Section 172A — Compensation for loss occurring after search and before registration
172A Compensation for loss occurring after search and before registration (1) In this section, unless the context otherwise requires,— First operative period , in relation to any transaction to which…
Section 173 — Notice of action to be served on Attorney-General and Registrar-General
173 Notice of action to be served on Attorney-General and Registrar-General (1) Notice in writing of every action against the Crown, and of the cause thereof, and of the amount claimed, shall be…
Section 174 — Liability of plaintiff for costs
174 Liability of plaintiff for costs If in any such action judgment is given in favour of the Crown, or the plaintiff discontinues or becomes nonsuit, the plaintiff shall be liable to pay the full…
Section 175 — Recovery of compensation paid and costs in case of fraud
175 Recovery of compensation paid and costs in case of fraud (1) Where any sum of money has been lawfully paid out of the Crown Bank Account as compensation for any loss occasioned— (a) By fraud, or…
Section 176 — Judgment against absconders, etc
176 Judgment against absconders, etc (1) Where any amount has been paid out of the Crown Bank Account on account of any person who has absconded, or who cannot be found within the jurisdiction of the…
Section 177 — Recovery of judgment against absconders, etc
177 Recovery of judgment against absconders, etc If any such person has not left real or personal estate within New Zealand sufficient to satisfy the amount for which execution has been issued as…
Section 178 — Crown not liable in certain cases
178 Crown not liable in certain cases The Crown shall not under any circumstances be liable for compensation for any loss, damage, or deprivation occasioned by any of the following things,…
Section 179 — Measure of damages
179 Measure of damages No person shall, as against the Crown, be entitled to recover any greater amount for compensation in respect of the loss or deprivation of any land, or of any estate or…
Section 180 — Limitation of actions
180 Limitation of actions (1) No action for recovery of damages as aforesaid shall lie or be sustained against the Crown unless the action is commenced within the period of 6 years from the date when…
Section 181 — Plaintiffs to be nonsuited if laches proved
181 Plaintiffs to be nonsuited if laches proved The plaintiff in any such action, or the plaintiff in an action for the recovery of land, shall be nonsuited in any case in which the loss or…
Section 182 — Purchaser from registered proprietor not affected by notice
182 Purchaser from registered proprietor not affected by notice Except in the case of fraud, no person contracting or dealing with or taking or proposing to take a transfer from the registered…
Section 183 — No liability on bona fide purchaser or mortgagee
183 No liability on bona fide purchaser or mortgagee (1) Nothing in this Act or the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 shall be so interpreted as to render…
Section 184 — Interpretation
184 Interpretation In this Part of this Act, unless the context otherwise requires,— Applicant means the person deemed by section 186 of this Act to be the applicant Application under this Part of…
Section 185 — All private General land to be brought under this Act
185 All private General land to be brought under this Act (1) The Registrar shall continue with all convenient speed, but subject to the provisions of section 19 of this Act with regard to land for…
Section 186 — Application to bring land under this Act deemed to be made
186 Application to bring land under this Act deemed to be made As soon as the Registrar shall proceed, for the purposes of this Part of this Act, to examine the title to any land to which this Part…
Section 187 — Applications to be dealt with as voluntary applications under this Act
187 Applications to be dealt with as voluntary applications under this Act Except as hereinafter provided, the Registrar shall deal with all such applications in accordance with sections 19 to 32 of…
Section 188 — Special provisions as to applications under this Part
188 Special provisions as to applications under this Part (1) In respect of any application under this Part of this Act it shall not be necessary— (a) That the applicant or any other person surrender…
Section 189 — Registrar may require surrender of instruments affecting title
189 Registrar may require surrender of instruments affecting title (1) The Registrar may at any time require every person having possession or control of any instruments constituting or in any manner…
Section 190 — Registrar may issue ordinary or limited certificate of title
190 Registrar may issue ordinary or limited certificate of title (1) The Registrar shall issue a certificate of title for the land the subject of any such application, in accordance with the…
Section 191 — Definition and form of limited certificate
191 Definition and form of limited certificate (1) A limited certificate of title may be a certificate of title limited either as to description of parcels or as to title, or limited both as to…
Section 192 — Notices of issue of certificate of title to be given
192 Notices of issue of certificate of title to be given Notice of the issue of a certificate of title under the provisions of this Part of this Act shall be sent by the Registrar to every person…
Section 193 — Registrar's minutes of defects found in titles
193 Registrar's minutes of defects found in titles (1) Before issuing a limited certificate of title the Registrar shall file with his records a minute signed by him clearly setting forth the acts or…
Section 194 — Searching of Registrar's minutes
194 Searching of Registrar's minutes The Registrar's minutes shall not form part of the register for the purposes of section 46 of this Act. Compare: 1924 No 32 s 12 Section 194 was substituted, as…
Section 195 — Limited certificate of title may be made ordinary
195 Limited certificate of title may be made ordinary (1) Upon the doing of such acts or the proof of such matters, and on compliance with such requisition or requisitions, as are set forth in the…
Section 196 — Ordinary certificate of title not to issue till title good
196 Ordinary certificate of title not to issue till title good Except as otherwise provided in this Part of this Act, so long as a certificate of title continues to be limited, no new certificate of…
Section 197 — Registrar may require proof that estate of registered proprietor of limited title not extinguished
197 Registrar may require proof that estate of registered proprietor of limited title not extinguished The Registrar may, in his discretion, before— (a) Issuing an ordinary certificate of title in…
Section 198 — Memorials on limited certificate of title to be evidence
198 Memorials on limited certificate of title to be evidence Every entry on a limited certificate of title, if purporting to be duly made and signed, shall be received in all Courts of law and equity…