The Minutes are not likely to be added to nor consulted very often. The primary
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existing function of the Minutes is as an historical record even if the possibility
of new limited titles issued from “compulsory” applications remains. Therefore,
it is likely that they need not be dealt with in the new legislation as an ongoing
“live” record. In the event of fresh limited titles being issued under the new Act,
a new process would be required for recording imperfections that required
rectification before a full guarantee applied.
Should the new LTA remove the requirement for the Registrar to keep
Q172
the Minutes as a live record?
Should the new LTA provide for public access to the Minutes, or is this
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adequately dealt with under the Official Information Act 1982?
Caveat provisions
Section 205(1) of the LTA prohibits the lodgement of a caveat against a compulsory
20.42
application under this Part.795 However, it permits the lodgement of a caveat
against bringing land under the Act by virtue of an application under Part 2
(voluntary application). Such a caveat is registered under the Deeds Registration
Act 1908 but must be lodged prior to the issue of a certificate of title from such
an application. Whilst the potential for compulsory applications remains,
this provision needs to remain.
Section 205(4) of the LTA sets out another caveat process, which enables an
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occupier of land or an adjoining occupier or owner to lodge a caveat if the land
was compulsorily brought under the Act and is comprised in a title that is limited
as to parcels. Such a caveat may be lodged at any time after that limited title was
issued. If limited as to parcels titles remain, this caveat procedure would continue
to be relevant.
Section 205 of the LTA deals with many different issues and is difficult to
20.44
interpret correctly. It might be advantageous to split the two caveat and associated
provisions into separate sections.
Should the caveat options in section 205(1) and (4) of the LTA be dealt
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with in the same or different sections?
Background
Because most privately owned land in New Zealand is under the LTA, very little
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registration is conducted under the Deeds Registration Act 1908 (DRA). However,
because it is the only enactment that deals with the registration of remaining deeds
system land, it needs to remain in force for the foreseeable fu
795
Note that an “application under this Part” is defined in section 184 as meaning an application under
section 186, that is, a compulsory application.
deeds
RegistRation
act 1908
237
Review of the Land Transfer Act 1952