The act of registration, whether under the LTA or the 2002 Act, creates or
13.43
transfers a legal interest in registered land. This principle is implemented through
section 41(1) of the LTA by:624
specifically denying instruments any effectual power to transfer any estate
E
or interest in land or render it liable as a security; and
specifically providing that it is gupon the registration of the instrumenth
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that the estate or interest passes or the land becomes liable a
Originally, when all instruments had to be presented by hand at the designated
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land registry offices for the land registration district, this was simple to administer.
It has become complicated as the number of LINZ offices has decreased, other
modes of presentation have been provided,and e-lodgement has been introduced.
A paper instrument lodged via the post or by drop-box is deemed to have been
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presented gon the business day after the day on which it is received c and before
any other matter presented on the day of registration in relation to the same
landh.625 As the prescribed lodgement hours are between 9 am and 4 pm, priority
is deferred until 9 am on the next working day after the day upon which the
instrument was originally received in the land registry office. The delay in
deemed presentation is necessary to cope with the time needed to process
instruments presented manually as against the ginstantaneoush presentation of
electronic instruments.
Electronic instruments are registered as at the date and time they are submitted,
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even though an instrument affecting the same computer register may have
arrived at LINZ via the post or in the drop-box earlier on the same day, but was
not entered into Landonline by LINZ staff.
Anyone who has concern about securing priority for their transaction in a more
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immediate fashion can do so by presenting the instrument by hand under section
47(1)(a) of the LTA.
Once e-lodgement is extended to caveats there should be less need for this
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provision. However, because people must have the option not to use conveyancers
and the ability to present their own caveats and other instruments manually,
this provision must be retained.
If two competing instruments are lodged via the post or drop-box on the same
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day in respect of the same land, priority must be determined in accordance with
section 47(5) and (6) of the LTA. These provisions:
relegate competing caveats and notices of claim; and
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require priority of other instruments to be allocated according to the stamped
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date and time of receipt by the Registrar.
Section 41(2) of the LTA deals with the situation where two or more instruments
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executed by the same proprietor and purporting to transfer or encumber the
same estate or interest in any land, are simultaneously presented for registration.
The subsection provides that the Registrar shall register and endorse the
instrument which is accompanied by the grant or certificate of title.
624 See Struan Scott and others
625 Land Transfer Act 1952, s 47(4).
Review of the Land Transfer Act 1952
163