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The land transfer laws of Australasia: being the full text with side notes ... online

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proprietor, any purchaser or mortgagee bona fide for yaluable consideration
of land under the proyisions of this Act on the ground that his yendor or
mortgagor may haye been registered as proprietor through fraud or error,
or under any yoid or voidable instrument, or may haye deriyed from or
through a person registered as proprietor through &aud or error, or under
any yoid or yoidable instrument, and this whether such fraud or erroi shall
consist in wrong description of the boundaries, or of the parcels of any land,
or otherwise howsoeyer. (Bume y. Stewart y 28 ; Oreif y. Watsony 152 ;
re O' Connelly 169; Bost y. Victoria Permanent Benefit Building Society^
180. N. 115-1, 118 ; S. 154, 167; T. 62-126.)

Appsal.

Appeal to 191^ If the Eegistrar shall refuse to perform any act or duty which

Court fr^m he is hereby required or empowered to perform, or if the proprietor op

^Jjj^' other claimant oi any land, estate, or interest shall be dissatisfied with the

direction of the Eegistrar and Examiner of Titles, or of the Begistrar acting

alone, in respect of any application, claim, matter, or thing under this Act,

the person deeming himself aggrieyed may require the Begistrar to set forth

in writing the grounds of his refusal, or the grounds upon which such

direction was giyen.

Huni^ to 192* Such person may, if he think fit, summon the Begistrar to appear

v^oKt before the Supreme Court to substantiate and uphold the grounds oi his

refusal of such direction or decision as aforesaid, such summons to be issued

under the hand of a Judge of the said Court, and seryed upon the Begistrar

six clear days at least before the day appointed for hearing. {Ex parte

Botoman2,)

H«^g of 193. Such objections shall be heard by the said Court upon motion ;

*^ and upon the hearing the Begistrar, or his counsel, shall haye the right of

reply, and the Court shall, if any question of fact be inyolyed, direct an issue

to be tried to decide such fact ; and the Court shall thereupon make such

order in the premises as the circumstances of the case may require, which

order shall be binding upon the Begistrar. (8. 238 ; T. 62-143 ; V. 66-

162.)

J^^ ^ 194. All expenses attendant upon such proceedings shall be borne and

appeal ^^^ ^^ the person preferring such plaint, unless the Judge or Court shall

order that the same be paid out of tne Assurance Fund, which such Court

or Judge is hereby empowered to do.

g^*»*™'" 195. Wheneyer any question shall arise between the Begistrar and

decide ^ Examiner with regard to the performance of any of the duties or the exercise

JglJJJJJ^^ of any of the functions by this Act conferred or imposed on any Begistrar,

^f^Mi- which he is authorised or empowered to exercise or perform in conjunction

iner of Titiea ^j. together With, or with the consent of, the Examiner, the Begistrar shall

state a case for the opinion of the Begistrar-General ; and thereupon the

Begistrar-G^eneral shall decide upon the matter, and such decision shall be

binding upon such Begistrar and Examiner.



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NEW ZEALAND LAND TBANSPBB ACT. 91

196. In eyeiY case in which an appeal maj be had to the Supreme Prinuur
Court or a Judge roereof under this Act m)m the decision of any Begistrar S^^Jt^.
acting also as Examiner of Titles, or of any Begistrar in respect of any Oeneniif
matter with which he is empowered to deal without the concurrence of an S?:SSi-
Examiner, the person dissatisfied with such decision may refer the same in inwthoswne
the first instance to the Begistrar- G-eneral, whose decision shall be binding ^®'**^

on the Begistrar ; and there shall be the liice appeal to the Supreme Court
from the decision of the Begistrar-General as from the decision of a
Begistrar.

197. The Begistrar- General may, by special case, submit for the Q^SSfm*
decision of the Court of Appeal any question arising under this Act which Babmitqaes^
shall appear to him to require such decision ; and the said Court shall give SSSion'of
its judgment thereon as if such question had been raised in due form upon Ooart of
an appeal from the decision of a Judge of the Supreme Court. Appod

198. Li the conduct of actions and proceedings in any Court under Ordina^
this Act the same rule shall apply, and there shall be the same rights of S^^^^odb
appeal, as are in force or exist tor the time being in respect of ordinary ^ proojdow
proceedings in the same Court. (Q. 61-107 ; T. 62-143, 74-32.) ^^^

199. The Judges of the Supreme Court, or so many of them as are for JadgM m»7
the time being authorised to make general rules for regulatinff proceedings JS« '****^^
in ordinary actions in the Supreme Court, shall have power from time to

time to make rules and orders for regulating proceedings in the Supreme
Court under this Act, and from time to time to rescind, alter, or add to such
roles and orders. (S. 224.)

Opfences.

200. If any person— Fraudulently procures, assists in fraudulently MisdMneui.
procuring or is privy to the fraudulent i)rocurement of any certificate of ^\'5S^*'
title or other instrument, or of any entry in the Begister, or of any erasure

or alteration in any entiy in the Begister, or in any instrmnent or form
issued by the B^istrar-General or any Begistrar ; or — Fraudulently uses,
assists in fraudulently using, or is privy to the fraudulent using of any form
purporting to be issued or sanctioned by the Begistrar-General ; or — fenow-
mgly misleads or deceives any person hereinbefore authorised to demand an
exphmation in respect to any land or the title to any land which is the subject
of any application to bring the same under this Act, or in respect to which
any dealing or transmission is proposed to be registered or recorded, such
person shall be deemed guilty of a misdemeanour, and shall be liable to a
penalty not exceeding five hundred pounds, or may, at the discretion of the
Court before whom the case may be tried, be imprisoned, with or without
hard labour, for any period not exceeding three years. Any certificate of
titie, entry, erasure, or alteration, so procured or made by fraud shall be void
as between all parties or privies to such fraud. (National Bank v. National
Mortgage and Agency Oo,y 12 ; Saunders v. Cabot, 15; Chomley v. Firebrace, 21 ;
Wiggins app.y Bxmmill reap,, 38 ; Bailey v. Ohrisp, 54 ; Hall v. Hall, 98 ;
Beg. V. Tideman, 99 ; Colonial Bank v. Fye, 107 ; Neill v. Adams, 130 ; Jones
V. Jones, 134. N. 130, 132 ; S. 187, 229-1, 233 ; Q. 61, 126 ; T. 62-139, 140,
74-17; V. 66, 163, 154.)

201. If any person, — (1) Forges, or procures to be forged, or assists Pei<mie8
in forging the seal of any Begistrar, or the name, signature, or handwriting ^•^ ***•
of any officer of the Land Begistry Office, in cases where such officer is by

this Act expressly or impliedly auworised to affix his signature ; (2) Stamps,



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92 NEW ZEALAND LAND TEANSPER ACT.

or procures to be stamped, or assists in stamping any document with any
forged seal of any Registrar; (3) "Forges, or procures' to be forged, or
assists in forging the name, signature, or handwriting of any person whom-
soever to any instrument which is by this Act, or in pursuance of any power
contained in this Act, expressly or impliedly authorised to be signed by such
person ; (4) Uses, with any intention to defraud any person whomsoever,
any document upon which any impression or part of the impression of any
seal of any Registrar has been forged, knowing the same to have been forged,
or any document the signature to which has been forged, knowing the same
to have been forged ; (5) Fraudulently, or with intent to defraud, uses or
deposits, or seeks to use or deposit under this Act any power of attorney,
knowing the same to have been revoked, whether expressly or by death of
the grantor ; such person shall be deemed guilty of felony. {See note to
Sec, 200, ante.)

oiSS^the 202. If any person knowingly or wilfullv makes a false oath or declar-

Act ation concerning any matter or procedure mad.e and done in pursuance of

this Act, such person shall be deemed guilty of perjury. (Q. 61-142 ; S.

230, 281).

Pnniahment 203. Any person convicted of felony or perjury under this Act shall

be liable to imprisonment for any term not exceeding four years, and to be
kept to bard labour for the period aforesaid. (Bailey v. Chritp, 54 ; £e^.
V. Tideman, 99. N. 133 ; S. 229, 231 ; T. 62-141.)
conyictioii 204. No proceeding or conviction for any act hereby declared to be

oiwi*rem^* misdemeanour or a felony shall affect any remedy wliich any person
aggrieved or injured by such act may be entitled to at law or in equi^
against the person who has committed such act, or against his estate. (N.
181 ; V. 66, 166.)

Lasd-Bbokebs JlBtd Yaluatobs.
Begi^kT- 205. The Registrar- Q-eneral, with the sanction of the Q-ovemor, may

wmTsMlo. license fit and proper persons to be land-brokers for transacting business
tionofoo- under this Act, an4, with like sanction, may prescribe the charges
uoente^^ recoverable by such brokers for such business by any scale not exceeding
brokew the charges specified in the Sixth Schedule ; and for every such licence may

charge and receive the fee of five pounds annually. (S. 271.)

Bondr^ 206. Before granting any such licence the Registrar- General shall

?ore grant of take a boud from the person to whom the same is to be issued in the sum of

iio«aoe QUO thousaud pouuds, with two sureties each in the sum of five hundred

pounds, conditioned that such person shall duly and faithfully act in the

capacity of such licensed land-broker in accordance with this Act. (8.

272.)

^«n^ 207. Any licence granted as aforesaid may be revoked by the

revoked Eegistrar-Q-eueral, with the sanction of the Governor, upon the ground of
midfeasance or incapacity of the licensee, or in case the sureties or either of
them shall become bankrupt or leave the colony, or shall desire to be
discharged from their liability. (V. 85-6.)
Mti^^mth 208. Any person who, not being the holder of a licence as a land-

out iioOToe" broker under this Act, or of a certificate for the time being in force to the
effect that he is on the roll of the Supreme Court as a barrister or solicitor
thereof, shall transact business for fee or reward under this Act, or shall
wilfully and falsely pretend to be entitled to transact such business, shall for
each offence be liable to a penalty not exceeding fifty pounds.



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NEW ZEALAND LAND TEANSEBE ACT. 98

209. If any peraon licenBed as a land-broker shall knowingly and Lio«DMof
wilfnlly charge more than the sums mentioned in the Sixth Schedule, his ^SingraJT
licence shall De cancelled, and he shall be incapable of being again licensed i*wAi1
aa a land-broker for two years. ^oSid



210* The Gk)yemor may appoint qualified persons to be valuators Vaiaftton
under this Act, and may at pleasure revoke any such appointment. Every ^Jj^
peison appointed as a valuator, or who has been already so appointed, may
be required to take the following oath before a Judge of the Supreme Court
or District Court, or before any oflBcer appointed for that purpose by the
Governor :—" I, A.B., do swear that I will faithfully and to the best of my o»thtobe
ability make any valuation required of me under the provisions of * The iSSton
Land Transfer Act, 1885." (N. 129 ; Q. 77-7.)

MiSCSLLAKEOUB.

211. Subject to the express provisions of this Act, the GJ-ovemor in Goremor in
Council from time to time, by regulations gazetted, — (1) May prescribe flxaS^aJtS
and alter the fees which may be taken by Begistrars under this Act ; ^ under
except only that the fees to be taken in respect of the several matters m^tng^
specified in the Seventh Schedule shall not exceed the amounts specified in ^^^
such Schedule ; also (2) Mav make such regulations as may from time
to time be necessary or expedient for regulating the practice and conduct
of business ; also (3) May make regulations prescribing the qualifications
necessary for persons to be appointed to offices under this Act.

212« No application or instrument for which forms are provided by Printed
the Schedules to this Act shall be received or registered except the ga^^Md
same shall be written upon a printed form supplied by the Land Eegistry QMa
Office, or by some person licensed to print and sell the same, unless
such application or instruments shall be executed under circumstances
which, in the opinion of the Registrar, shall reasonably excuse the
omission to use such printed form.

213. The Segistrar* General ma;^ from time to time make such S^"^'
variations in the forms prescribed in the Schedules as he shall deem unotion°^^
necessary or expedient, and every form authenticated by his seal, or by JJ^^£J.
the seal of the Registrar of the district within which tne same is used, d^ied^orais
shall be taken to be a duly authorised form unless the contrary be
proved.

214. In any form under this Act the description of any person as Deseription
proprietor, transferor, transferee, mortgagor, mortgagee, lessor or lessee, ^JSSooSJ!?*
or as trustee, or as seized of, having, or taking any estate or interest in JJ?®5*f _i
any land, shall be deemed to include the heirs, executors, administrators, n^ro^enST^
and assigns of such person. **^«"

215. And generally, whenever a form in the Schedules hereto is Forms mmj
directed to be used, such direction shall apply equally to any form to the ^* "•** ^^
like efEect, signed by a Eegistrar or stamped with his seal, or which for the Talons
same purpose may be authorised in conformity with this Act; and any
variation irom such forms, not being in matter of substance, shall not affect

their validity or regularity, but they may be used with such alterations as
the character of the parties or circumstances of the case may render
necessary. (N. 90 ; S. 275 ; Q. 85-13 )



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94 NEW ZBAIiAND LAND TBANSFBE ACT.

ProMontioii 216* XTnless otherwise expressly proyided, all offences against this

of offenoM ^gt ujay be pfosecuted, and all penalties or sums of money imposed or
declared to be due or owing by or under the same maybe sued for aud
recovered, in the name of the Attorney-General, before any Court having
junsdiction for punishment of offences of the like nature, or for the recovery
of penalties or sums of money of the like amount.

EegirtrtT 217. Before proceeding to enforce any penalty under this Act for non-

SdJ^^ production of any deed or instrument, the Kegistrar may require the person
for ooste at whose instance such proceeding is taken to deposit with the Clerk of the
Court in which such proceeding is to be taken a reasonable sum as security
f or any costs or expenses which may be incurred by the Registrar in relation
to such proceeding or consequent on any failure therein, and to sign an
undertaldng to pay such costs or expenses. (See note to Sec, 179, ante).

DiMMtion- 218. All discretionary powers vested in Begistrars, save only such as

^^^teBM are expressly required to be exercised in conjunction with an Examiner of

Titles, shall be exercised subject to such regulations as may be made under

this Act. (Ex parte the Mutual Trust Oo., 117).

n^'^^d 219- No Begistrar or Deputy or Assistant Registrar shall be bound to

M«J^°^* produce any register or document in his possession.

Officers 220. No officer appointed under this Act, or whose appointment is

not person- hereby confirmed, shall be personally liable to any action, suit, or proceeding

^7 We £^^ ^^ ^ respect of any act or matter honajide done or omitted to be done

g^^j, by him in the supposed exercise of powers vested in him under this Act.

^^liof 221. The special provisions contained in the several Appendices A, B,

re-enacted and C, annexed to this Act, are hereby enacted, and shall be deemed to form
S?nSto part of this Act.

^^"'^ 222. Whenever, by unrepealed Act, any act, matter, or thing is author-

Acte Mthor- ised to be done, or any memorial is authorised or directed to be registered,
auir^to"be Under " The Land Transfer Act, 1870," or any Act amending the same, such
iSSd^^^ act, matter, or thing may be done, or such memorial registered, under this
fer Act, 1870, Act, unloss the same is inconsistent with the express provisions hereof.

mAT be done

under this 223- Where in any unrepealed Act or enactment, or in any deed,

^^ instrument, or other document, made before the commencement of this Act,

K^wnc** reference is made to " The Land Transfer Act, 1870," or any Act amending
Transfer the samo, or to any enactment thereof respectively, such reference shall be
appiy^to^tiS coi^strued and shall operate as if it had been made to this Act, or to such of
Act -the provisions of this Act as correspond to the Act or enactment so referred

to.
Sepesi of 224. The several Acts and portions of Acts specified in the Eighth

existingAots Schedule are hereby repealed. But this repeal shall not affect the validity
of any act, deed, instrument, matter, or thing lawfully done or executed, or
of any power of sale or re-entry existing by virtue of any lease or mortgage
executed under the provisions of " The Land Transfer Act, 1870," and of
the Acts amending the same, or of any other right, estate, or interest law-
fully acquired, created, or existing under the said Acts or any of them ; Nor
shall such repeal be pleaded in bar of any action, suit, indictment, or other
proceeding at law or in equity heretofore or hereafter commenced or prose-
cuted in respect of any act, deed, matter, or thing actually done or suffered,
or in respect of any penalty or liability incurred, under the repealed Acts or
any of them, or of any offence against the provisions thereof. (N. 1 ; Q.
61-1 ; S. 4, 5 ; T. 68-11, 74.88, 86-88 ; V. 66-2.)



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NEW ZEALAND LAND TEANSPBE ACT. 95

225. All Proclamations, Orders in Council, scales of fees, rules, regula- Previoiu
tions, and instructions lawfully made or issued under " The Land Transfer J^J^JSom
Act, 1870," and the Acts amending the same, so far as the same are in force Jo ramain in
at the time of the commencement of this Act, shall, until revoked by proper ^^^
authority, apply to this Act, and shall remain in full force and virtue except
80 far as is inconsistent with the express provisions hereof.

226- AH applications and other proceedings pending under the repealed Proceedings
Acts, or any of them, may be continued and completed as if the said Acts §^ repe^
had not been repealed. ^^iiSS^*

APPENDICES. "^

Appendix A,— Public Beserves and other Public Lands.— (1) The^^gJ^o^*
grantee or other person or body corporate in whom any land under this Act affecting
now is or shall hereafter become vested as a public reserve, shall hold such J^^ J^^
land subject to the trusts expressed or declared of and concerning the same other public
in the Crown grant or in any certificate of title following the terms of such ^^
grant. If, after the registration of the Crown grant, any trust shall be
legally declared under the authority of any Act of the General Assembly of
and concerning any such public reserve, either as an original trust or by way
of substitution, or if any trust previouslv declared shall be by the like
authority legally revoked or altered, it shall be the duty of the Commissioner
of Crown Lands of the land district wherein such reserve is situate to notify
to the Begistrar the particulars of such trust or of such alteration, revocation,
or substitution, as the case may be. The Kegistrar shall thereupon enter a
notification thereof in the Begister, and such new or altered trust or revoca-
tion, as the case may be, shall take effect, as to the land against which such
entry is made, as from the date of such entry. (2) Whenever, by any Act
of the General Assembly, it is declared that land other than public reserves
may be vested in any person or body corporate for any special purpose, or
by virtue of any office, it shall be lawful to grant or transfer lana under this
Act to such person or body corporate to be held accordingly; and a
reference to such first-mentioned Act in the memorial of such transfer or
any certificate of title issued thereupon shall be notice of the capacity of
which such land is held, and of all trusts expressly afEectin^ the land by
virtue thereof. (3) The disclosure of any trust under the provisions
aforesaid shall have the effect of a perpetual caveat to restrain any dealing
with the lands affected, so far as such dealing is manifestly inconsistent
with such trust.

Appbitdix B. — Caitteebttbt Educational Eesebves.

(1) Every receipt which shall be issued by the Land Board of the 5?^J?
Land District of Canterbury for the purchase monev of land contracted to dea^^with
be sold under the provisions of " The Canterbury Educational Beserves Sale tS^cS^St-
and Leasing Act, 1876," shall be in duplicate, and it shall be the duty of the boryEdaoa.
Board to transmit one copy thereof to the Begistrar. (2) The Begistrar sS^ST^
shall include such receipt m the Provisional Begister Book of his district, as Jgy*°« ^«*»
if the same were a receipt by an ordinary Beceiver of Land Bevenue for the
purchase-money or Crown lands ; and, until the issue of a certificate of title
lor the same as hereinafter mentioned, all dealings with such land by the
purchaser, and by those claiming through or under him, shall be entered on
the Provisional Begister onlv. (3) Nothing in this Act shall be taken to
preclude the registration in due form of any instrument requisite for giving
effect to the provisions of '' The Canterbury Educational Beserves Sale and



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■ooiefcies



86 NEW ZBAliAHB LAND TEANSFBB ACT.

Leasing Act, 1876, " and for yesting the land coniaraoted to be sold as afore-
said in the purchaser named in such receipt ; but until the issue of a certifi-
cate of title for the same, no other deahngs whateyer with the said land
shall be registered saye and except such as are hereinbefore authorised to be
entered on the Proyisional Eegister. (4) IJpon the registration of a Crown
grant for the said land, and of a duly executed transfer to the purchaser,
the Eegistrar shall cancel such grant as to the land transferred, and shall
issue a certificate of title for the same to the purchaser or to such other
person or persons, and subject to such memorials and entries thereon, as
shall be necessary for giying effect to the dealings on the Proyisional
Segister.

Appekdix C. — Unikcoepoeatkd BuiLnnra Socieths. — MoBTaAGEs.
B^atofttioa (i) Every unincorporated building society shall forward from time to

g^M* &o., time to each Kegistrar the names of the treasurer, trustee, or other officers
^re^^'* in whom any property of the society within his district may by law be or
become yested, and also notice of the death, resignation, or removal of the
existing and the appointment of new officers, also a copy of the rules of the
society. (2) Land under this Act shall be mortgaged to such societies
only by memorandum of morts^age made to such officers, denoted by their
official denomination, and not by their own proper names, and the persons
in whom the proper^ of the society shall for tne time being be yested shall
be deemed to be the registered proprietors of such mortgages. (3) When
any instrument shall be presented for registration affecting tne land included
in any such mortgage, and shall purport to be executed by the persons in
whom the property of the society appears to the Eegistrar to nave been
yested at tne time of the execution ot such instrument, he shall register the
same, and no person claiming under any such instrument shall be affected
by notice, direct or constructive, that the property of the society was not
yested in the persons executing the same, nor that such instrument was
executed in contravention of the rules of the society or the terms of the
mortgage.

Seo.u FIBST SCHEDULE.— Ceetieicatb op Title nr lietj op Gbant.

A.B; of [description] y is now seized of an estate in fee simple [or as
the case may he\y subject as is herein expressed or notified by memorial
hereon indorsed, in that piece of land situated, ^<i. VDescrihe hv reference to
plan or diagram], which said land is [or is part off the Buraf Section [or
Town Allotment] No. , delineated in the public map of the
District [County or Township], deposited in the office of , and was

originally acquired from the Crown by [name of original purchaser], under
the provisions of [Refer to the Act or other authority under which title
originally acquired^. In witness whereof I have hereunto subscribed my



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