Interim standard for Canterbury
Earthquake Recovery Act 2011 land
title registration
LINZS20009
28 May 2014
How to have your say
Please email your comments to regulatorysubmissions@linz.govt.nz.
Your comments
(a)
Comments should be on the technical content, wording, and general arrangement of the
interim standard.
(b)
Please provide supporting reasons for your comments and suggested wording for
proposed changes.
(c)
Please do not return marked–up drafts as comments.
Enquiries:
Robert Andrell
Telephone:
04 460 0164
Postal address
Physical address
Land Information New Zealand
Land Information New Zealand
PO Box 5501
Level 7, Radio New Zealand House
WELLINGTON 6145
155 The Terrace
WELLINGTON
Table of contents
How to have your say ........................................................................................... 2
Your comments .................................................................................................... 2
Terms and definitions ............................................................................................ 6
STANDARD .......................................................................................... 7
Foreword ............................................................................................................. 7
Introduction ......................................................................................................... 7
Purpose ............................................................................................................... 7
Brief history of standard ........................................................................................ 7
References........................................................................................................... 8
1
Scope ..................................................................................................... 9
2
Intended use of standard ...................................................................... 9
3
Acquiring land ....................................................................................... 9
3.1
Transfer to Her Majesty the Queen ....................................................................................... 9
3.2
Compulsory acquisitions ..................................................................................................... 9
3.2.1
3.2.2
3.2.3
Notice of intention ................................................................................................ 9
Withdrawal of notice of intention........................................................................... 10
Proclamation ...................................................................................................... 10
3.3
Public works land ............................................................................................................. 10
4
Statutory land charges ........................................................................ 10
5
Limited titles........................................................................................ 11
5.1
Adjoining owners' consent ................................................................................................. 11
5.2
Issuing limited computer registers ..................................................................................... 11
5.2.1
5.2.2
Issue of limited title ............................................................................................ 11
Removing limitation ............................................................................................ 11
6
Plans of distorted boundaries .............................................................. 12
6.1
Restriction on deposit ....................................................................................................... 12
6.2
Notice requirements ......................................................................................................... 12
6.3
Advise applicant............................................................................................................... 12
GUIDANCE ......................................................................................... 13
Introduction ....................................................................................................... 13
Contents ........................................................................................................... 13
COMPUTER REGISTERS ............................................................................... 14
1
Computer registers .............................................................................. 14
Interpretation .................................................................................................... 14
Computer registers ............................................................................................. 14
ACQUIRING LAND ....................................................................................... 15
Introduction ....................................................................................................... 15
Contents ........................................................................................................... 15
2
Transfers to Her Majesty the Queen .................................................... 16
CERA – land purchase ......................................................................................... 16
Authorisation by parties ...................................................................................... 16
Transferee/ proprietor description ......................................................................... 16
No purpose statement ......................................................................................... 16
Registration of transfers ...................................................................................... 17
Caveats ............................................................................................................. 17
3
Compulsory acquisitions ...................................................................... 18
Introduction ....................................................................................................... 18
Notice of intention .............................................................................................. 18
Effect ................................................................................................................ 18
Withdrawal of notice of intention .......................................................................... 18
Proclamation ...................................................................................................... 19
Deeds index ....................................................................................................... 19
Existing computer register not to be cancelled........................................................ 19
Memorial ........................................................................................................... 19
Proprietor description .......................................................................................... 20
No purpose statement ......................................................................................... 20
Existing interests ................................................................................................ 20
4
Public works land ................................................................................ 21
Introduction and background ............................................................................... 21
Registration ....................................................................................................... 21
Computer registers ............................................................................................. 21
Memorial ........................................................................................................... 21
Proprietor description .......................................................................................... 21
No purpose statement ......................................................................................... 22
5
Road stopping ...................................................................................... 23
Introduction and background ............................................................................... 23
Registration ....................................................................................................... 23
6
Dealings and disposal .......................................................................... 24
Introduction and background ............................................................................... 24
Dealings ............................................................................................................ 24
Subdivision ........................................................................................................ 25
Disposal ............................................................................................................ 25
Public work ........................................................................................................ 25
STATUTORY LAND CHARGES ....................................................................... 26
7
Statutory land charges ........................................................................ 26
Introduction and background ............................................................................... 26
Statutory land charge ......................................................................................... 26
Memorial ........................................................................................................... 26
Effect ................................................................................................................ 26
Interim standard for Canterbury Earthquake Recovery Act 2011 land title registration | LINZS20009
Effective date: 23 January 2013 | Amended: 28 May 2014
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4
LIMITED TITLES .......................................................................................... 27
Introduction and background ............................................................................... 27
Contents ........................................................................................................... 27
8
Adjoining owners' consent................................................................... 28
Depositing plans ................................................................................................. 28
CE CERA direction to seek consent ........................................................................ 28
Request to adjoining owners ................................................................................ 28
Adjoining owners' consent ................................................................................... 28
Adjoining owners do not consent .......................................................................... 29
9
Issuing limited computer registers ...................................................... 30
Direction to issue limited title ............................................................................... 30
Effect of limitation as to parcels ............................................................................ 30
Removal of limitation .......................................................................................... 30
Direction to disapply ........................................................................................... 30
PLANS OF DISTORTED BOUNDARIES .......................................................... 31
1 0 Plans of distorted boundaries .............................................................. 31
Introduction and Background ............................................................................... 31
Relevant adjoining owners ................................................................................... 31
Consent of adjoining owners ................................................................................ 31
Notice to relevant adjoining owners ...................................................................... 31
Objection ........................................................................................................... 32
Advise applicant ................................................................................................. 32
Appendix A: Request for consent of adjoining owner .................................. 33
Appendix B: Notice to adjoining owners ..................................................... 35
Interim standard for Canterbury Earthquake Recovery Act 2011 land title registration | LINZS20009
Effective date: 23 January 2013 | Amended: 28 May 2014
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5
Terms and definitions
(a)
For the purposes of this standard, the terms and definitions in the Canterbury
Earthquake Recovery Act 2011 (Act) apply. Refer to s 4 of the Act for interpretation.
(b)
Terms and definitions used in this standard that are not defined in the Act are defined
below.
(c)
Any reference to a section in this standard is a reference to that section of the Act,
unless stated otherwise.
Term/abbreviation
Definition
Act
Canterbury Earthquake Recovery Act 2011
CE CERA
Chief Executive of Canterbury Earthquake Recovery Authority
CERA
Canterbury Earthquake Recovery Authority and lawyers or other
agents acting on its behalf
CR
computer register
CSD
cadastral survey dataset
deeds index
the index book of the Deeds Register Office
HMQ
Her Majesty the Queen
LTA
Land Transfer Act 1952
LINZ
Land Information New Zealand
Minister
Minister for Canterbury Earthquake Recovery
plan
cadastral survey dataset prepared under s 47 of the Cadastral
Survey Act 2002
PWA
Public Works Act 1981
RGL
Registrar-General of Land
RMA
Resource Management Act 1991
Rules
Rules for Cadastral Survey 2010: LINZS65003
Interim standard for Canterbury Earthquake Recovery Act 2011 land title registration | LINZS20009
Effective date | 23 January 2013
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6
STANDARD
Foreword
Introduction
(a)
The Canterbury Earthquake Recovery Act 2011 (Act) came into force on 19 April 2011.
(b)
The Act provides measures for recovery from the Canterbury earthquakes, including
support for the repair and rebuilding of land, infrastructure, and other property.
(c)
The Act authorises the Crown to acquire and deal with land by provisions that are
different in significant ways from other enactment provisions for Crown acquisition and
dealing with land.
(d)
The Act authorises the Crown to recover certain costs as statutory land charges.
(e)
The Act provides for the Chief Executive of the Canterbury Earthquake Recovery
Authority (CE CERA) to direct the approval of cadastral survey datasets (CSDs) by
Land Information New Zealand (LINZ), the issuing of computer registers (CRs) limited
as to parcels, and subsequent removal of limitations by the Registrar-General of Land
(RGL). This allows for efficient acquisition of land affected by the Canterbury
earthquakes, while at the same time providing opportunity for adjoining owners to
protect their interests.
(f)
The Rules for Cadastral Survey 2010: LINZS65003 (Rules) require an annotation on
plans that show boundaries distorted by earthquakes to ensure adjoining owners
consent or are notified before such plans are deposited.
Purpose
The purpose of this standard is to ensure that:
(a)
legal instruments received by LINZ acquiring and dealing with land under the Act, and
charging land pursuant to the Act, are dealt with and recorded correctly, to aid and
not cause unnecessary delay or cost to Canterbury earthquake recovery, and
(b)
plans are deposited and new CRs are issued in accordance with the provisions of the
Act and the Rules, to aid Canterbury earthquake recovery, while protecting the
interests of adjoining owners.
Brief history of standard
This is a new standard.
Interim standard for Canterbury Earthquake Recovery Act 2011 land title registration | LINZS20009
Effective date | 23 January 2013
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7
References
The following documents are necessary for the application of this standard:
(a)
Canterbury Earthquake Recovery Act 2011
(b)
Land Transfer Act 1952
(c)
LINZ 2012, LINZS65003: Rules
Surveyor-General, LINZ, Wellington
for
Cadastral
Survey
2010,
Office
Interim standard for Canterbury Earthquake Recovery Act 2011 land title registration | LINZS20009
Effective date | 23 January 2013
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of
the
8
1
Scope
(a)
This standard sets out requirements for:
(i)
registering the Crown's acquisition of, dealings with, and charges
against, land under the Canterbury Earthquake Recovery Act 2011 (Act),
and
(ii)
seeking consents from, and giving notice to, adjoining owners for plans
affected by the Act or the Rules,
which are in addition to the requirements set out in the Act.
2
(b)
This standard also includes guidance material on the requirements set out in
the Act.
(c)
This standard does not apply to the registration of Crown acquisitions or
disposals of land under the Public Works Act 1981 (PWA).
Intended use of standard
(a)
This standard is intended for use when registering transactions under the Act
or depositing relevant plans of land affected by the Canterbury earthquake.
(b)
This standard has been issued by the RGL for employees of LINZ with
delegated authority to exercise registration functions under the Land Transfer
Act 1952 (LTA).
3
Acquiring land
3.1
Transfer to Her Majesty the Queen
(a)
(b)
When registering a transfer to the Crown under s 53(1) of the Act:
(i)
the name of the Crown as transferee and new proprietor must be
recorded on the CR and in LINZ indices as 'Her Majesty the Queen under
section 53(1) of the Canterbury Earthquake Recovery Act 2011', and
(ii)
a separate purpose statement must not be entered on the CR.
When entering a caveat by the Crown as purchaser under s 53(1) of the Act,
the CR must record the caveator as 'Her Majesty the Queen under section
53(1) of the Canterbury Earthquake Recovery Act 2011'.
3.2
Compulsory acquisitions
3.2.1
Notice of intention
When registering a notice of intention to take land under s 54 of the Act, the
memorial must refer to a 'notice of intention to take land under section 54 of the
Canterbury Earthquake Recovery Act 2011'.
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3.2.2
Withdrawal of notice of intention
When registering a notice of withdrawal of a notice of intention under the Act, a
memorial of the notice of withdrawal must be entered on the CR for the land and
the memorial of the notice of intention removed.
3.2.3
Proclamation
When registering a Proclamation taking land under s 55 of the Act:
3.3
(a)
if there is a CR for the land taken, it must not be cancelled (see s 56(5)),
(b)
the memorial must follow the wording of the Proclamation,
(c)
the name of the Crown, as new proprietor of the land, must be recorded on
the CR and in LINZ indices as 'Her Majesty the Queen under section 55 of the
Canterbury Earthquake Recovery Act 2011',
(d)
a separate purpose statement must not be entered on the CR, and
(e)
if it is necessary to enter the Proclamation in the deeds index in accordance
with s 55(6), a CR must be issued for the land taken, without fee.
Public works land
When registering a Gazette notice under s 53(5) declaring land held for a public
work to be held under this Act:
4
(a)
the memorial must follow the wording of the Gazette notice,
(b)
the name of the Crown, as new proprietor of the land, must be recorded on
the CR and in LINZ indices as 'Her Majesty the Queen under section 53(5) of
the Canterbury Earthquake Recovery Act 2011',
(c)
a separate purpose statement must not be entered on the CR, and
(d)
if there is no CR for the land or if the Gazette notice affects part of the land in
an existing CR, a CR must be issued for the land declared to be held under
the Act, without fee.
Statutory land charges
When registering a charge under s 38(4)(b)(iii) of the Act, the memorial must refer
to a 'statutory land charge pursuant to section 38 of the Canterbury Earthquake
Recovery Act 2011'.
Interim standard for Canterbury Earthquake Recovery Act 2011 land title registration | LINZS20009
Effective date | 23 January 2013
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5
Limited titles
5.1
Adjoining owners' consent
(a)
When the CE CERA directs the RGL to seek the consent of adjoining
landowners to a new survey definition, a notice in the form set out in
Appendix A must be sent to each adjoining landowner.
(b)
If any adjoining landowner does not respond by the date specified in the
notice, or refuses to consent to the new survey definition, a notice must be
sent to the CE CERA. The notice must:
(i)
explain 'Consent of the adjoining landowners to the new survey
definition on the cadastral survey dataset LT (CSD number) was sought
on (date). (Name(s) of landowner(s)) has failed to respond/has refused
to consent, and the deposit of LT (CSD number) and issue of a new
computer register cannot proceed pending further direction or action by
the chief executive of the Canterbury Earthquake Recovery Authority',
and
(ii)
be accompanied by copies of the notices seeking consent and of any
landowner's refusal to consent (if applicable).
5.2
Issuing limited computer registers
5.2.1
Issue of limited title
When issuing a CR limited as to parcels in accordance with a direction by the
CE CERA under s 36(4):
(a)
the new CR must include the following notation:
'This computer register is limited as to parcels in accordance with a direction
under section 36(4) of the Canterbury Earthquake Recovery Act 2011' and
(b)
5.2.2
the direction must be linked to the order for new CR so that it is searchable.
Removing limitation
When removing the limitation as to parcels from a CR in accordance with a direction
by the CE CERA under s 36(6):
(a)
the following notation must be recorded on the CR:
'The limitation as to parcels is removed from this computer register in
accordance with a direction under section 36(6) of the Canterbury Earthquake
Recovery Act 2011',
(b)
any existing s 205(4) LTA caveat must be removed,
(c)
the notation 'Limited as to Parcels' must be removed, and
(d)
the direction must be linked to the original order for new CR so that it is
searchable.
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Effective date | 23 January 2013
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6
Plans of distorted boundaries
6.1
Restriction on deposit
A plan with the annotation
'Boundary includes new angles due to deep-seated movement'
or similar, must not be deposited or a new CR issued for the land unless:
6.2
6.3
(a)
relevant adjoining owners have consented, or
(b)
notice in the form set out in Appendix B has been given to relevant adjoining
owners and any objections have been resolved.
Notice requirements
(a)
The notice period must be 21 days, commencing the day after the date the
notice is sent.
(b)
No notice fee is payable.
Advise applicant
If a relevant adjoining owner objects, the request for deposit of the plan and issue
of a new CR must be requisitioned (not rejected), advising the applicant that the
plan cannot deposit until they resolve the objection.
Interim standard for Canterbury Earthquake Recovery Act 2011 land title registration | LINZS20009
Effective date | 23 January 2013
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12
GUIDANCE
Introduction
This guidance provides information to assist LINZ employees in meeting
the requirements of this standard and the Act.
Contents
This guidance covers the following topics:
Topic
See page
Computer registers
14
Acquiring land
15
Statutory land charges
26
Limited titles
27
Plans of distorted boundaries
31
Interim standard for Canterbury Earthquake Recovery Act 2011 land title registration | LINZS20009
Effective date | 23 January 2013
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13
COMPUTER REGISTERS
1
Computer registers
Interpretation
The term 'computer register' in the Act and throughout this standard
relates to:
(a)
computer freehold registers,
(b)
composite computer registers,
(c)
computer unit title registers, and
(d)
computer interest registers issued for leasehold estates.
It does not refer to computer interest registers created for registered
Gazette notices or Proclamations.
Computer
registers
CRs should continue to exist for land acquired or taken under the Act. The
usual practice of cancelling a CR and creating a computer interest register
for a Gazette notice or Proclamation will not apply. Where necessary, CRs
should be created for land acquired under the Act without fee.
Interim standard for Canterbury Earthquake Recovery Act 2011 land title registration | LINZS20009
Effective date | 23 January 2013
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14
ACQUIRING LAND
Introduction
Contents
(a)
The Crown can acquire land under the Act in several ways.
(b)
The Crown can deal with and dispose of the land it has acquired
under the Act with few limitations.
(c)
The Act’s provisions are independent of other enactments that
regulate the acquisition and disposal of land by the Crown.
Specifically, the PWA has no application except where it is specifically
mentioned in the Act.
(d)
The CE CERA may subdivide land acquired by the Crown under the
Act and s 11 and Part 10 of the RMA will not apply.
This section contains the following topics:
Topic
See page
Transfers to Her Majesty the Queen
16
Compulsory acquisitions
18
Public works land
21
Road stopping
23
Dealings and disposal
24
Interim standard for Canterbury Earthquake Recovery Act 2011 land title registration | LINZS20009
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2
Transfers to Her Majesty the Queen
CERA – land
purchase
CERA may purchase or otherwise acquire land (s 53(1)). These acquisitions
will be registered by transfer instruments lodged by CERA.
Authorisation by
parties
(a)
Transfer instruments will be authorised by or on behalf of the
registered proprietor as transferor in the usual manner.
(b)
Transfer instruments will be authorised by the CE CERA for Her
Majesty the Queen (HMQ) as transferee.
(a)
The name of the transferee will be 'Her Majesty the Queen under
section 53(1) of the Canterbury Earthquake Recovery Act 2011'.
(b)
The name of the transferee and new proprietor must be recorded on
CRs and LINZ indices as 'Her Majesty the Queen under section 53(1)
of the Canterbury Earthquake Recovery Act 2011'.
Transferee/
proprietor
description
Note:
No purpose
statement
This will identify land as land acquired under the Act and
subject to the Act's provisions.
CRs for land transferred to HMQ under s 53(1) do not need a separate
purpose statement.
Note:
Land purchased under s 53(1) is not subject to restrictions on
disposal or other dealings (s 53(1) and (3)). Therefore, it is not
necessary to record a purpose on CRs to ensure future dealings
are examined by LINZ staff for compliance with other enactments
like the PWA.
continued on next page
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Effective date | 23 January 2013
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16
Transfers to Her Majesty the Queen, continued
Registration of
transfers
Caveats
(a)
The usual fees will be payable for transfers to HMQ under s 53(1).
(b)
Caveats and other stops on registration will prevent registration.
(c)
The land will continue to be subject to existing easements and other
encumbrances until they are discharged or otherwise extinguished.
(d)
CRs for land transferred to HMQ under s 53(1) will not be cancelled
on registration of transfers.
(e)
If the transfer effects a subdivision, the requirements and provisions
of s 11 and Part 10 of the Resource Management Act 1991 (RMA) will
not apply (s 43).
(a)
The Crown may lodge caveats by virtue of unregistered agreements
to purchase or otherwise acquire land under s 53(1).
(b)
Consents or withdrawals of caveats will be authorised by the
CE CERA on behalf of HMQ as caveator.
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3
Compulsory acquisitions
Introduction
Notice of
intention
Effect
Withdrawal of
notice of
intention
(a)
This relates to registration of notices of intention and Proclamations
when land is taken compulsorily under the Act.
(b)
The Minister for Canterbury Earthquake Recovery (Minister) may
acquire land compulsorily by notice of intention under s 54, followed
by Proclamation taking the land under s 55.
(c)
Notices of intention and withdrawals and Proclamations will be lodged
for registration.
(a)
The Minister will cause a notice of intention to be published in the
Gazette (s 54(1)) and lodge a copy with the RGL for registration
(s 54(3)).
(b)
A notice of intention will give:
(i)
a general description of the land required to be taken, and
(ii)
a description of the purpose for which the land is to be used.
(c)
A notice of intention should also include a CR reference for the land.
(d)
No fee is payable.
(a)
Registration serves as notice to searchers of the register that the
Minister intends to take land in the name of the Crown. It does not
prevent registration of transfers or other dealings.
(b)
A notice of intention ceases to have effect after periods of time
specified in s 54(6) and (7) unless a Proclamation taking the land is
published in the Gazette. However, a notice of intention cannot be
removed from the CR for the land unless a notice of withdrawal or a
Proclamation is registered.
(a)
The Minister may withdraw a notice of intention and lodge a notice to
that effect with the RGL (s 54(4)).
(b)
The notice may be signed by the Minister or by someone with a
statutory delegation to sign on the Minister's behalf.
(c)
No fee is payable.
continued on next page
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Effective date | 23 January 2013
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18
Compulsory acquisitions, continued
Proclamation
Deeds index
Existing
computer
register not to be
cancelled
(a)
A Proclamation declaring that land is taken in the name of the Crown
may be published in the Gazette. The land becomes vested in fee
simple in the Crown and freed and discharged from all mortgages,
charges, claims, estates, or interests on the 14th day after the date
of publication in the Gazette (unless otherwise provided) (s 55(6)).
(b)
The Minister will lodge the Proclamation with the RGL to be registered
(s 56).
(c)
A Proclamation should not be registered unless a notice of intention
has previously been registered in accordance with s 54 (see ss 54(3)
and 55(3)).
(d)
If the Proclamation effects a subdivision, the requirements and
provisions of s 11 and Part 10 of the RMA will not apply (s 43).
(e)
No fee is payable.
(a)
If the land is not subject to the LTA, the RGL must enter the
Proclamation in the deeds index, upon which the land becomes
subject to the LTA (s 56(2)).
(b)
A CR must be issued for the land taken by the Proclamation without
fee.
(a)
Registration of the Proclamation does not result in the cancellation of
the title affected (s 56(5)).
(b)
Accordingly, registration will result in change of ownership being
recorded on the existing CR (assuming the Proclamation affects all of
the land).
Note:
Memorial
If a Proclamation affects part of an existing CR, then new CRs
should be issued for the land taken by the Proclamation and the
remaining land without fees. The Act provides for a plan to be
prepared, if required, to show the land taken by the Proclamation
(s 55(2)).
The memorial should follow the wording of the Proclamation. This includes
referring to 'the Crown' in the memorial if that is the wording of the
Proclamation.
continued on next page
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Effective date | 23 January 2013
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Compulsory acquisitions, continued
Proprietor
description
The Crown, as proprietor of the land, must be recorded as 'Her Majesty the
Queen under section 55 of the Canterbury Earthquake Recovery Act 2011'.
Note:
No purpose
statement
(a)
CRs for land taken by Proclamation under s 55 do not need a
separate purpose statement.
(b)
It is not necessary to examine dealings that have been authorised by
the CE CERA for compliance with other enactments such as the PWA.
Note:
Existing
interests
This will identify land as land acquired under the Act and subject
to the Act's provisions.
Land taken under s 55 may be subject to offer back obligations if
the CE CERA wishes to dispose of the land (s 58). It is the
CE CERA's responsibility to comply with those obligations, aided
by the proprietor description to identify relevant land.
(a)
Memorials of existing mortgages and all other estates or interests
should be cancelled.
(b)
The memorial of the s 54 notice of intention should be cancelled (see
s 54(6)(a) and (7)).
(c)
The Proclamation memorial referring to s 55 will be sufficient
explanation for the memorial's cancellation.
(d)
Caveats and other stop notices will not prevent registration of the
Proclamation, and their memorials should be cancelled along with
other estates or interests.
(e)
Memorials of statutory restrictions will not be cancelled; for example,
s 98 Ngai Tahu Claims Settlement Act 1998 and s 27B State-Owned
Enterprises Act 1986 will continue to apply.
Interim standard for Canterbury Earthquake Recovery Act 2011 land title registration | LINZS20009
Effective date | 23 January 2013
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4
Public works land
Introduction and
background
Registration
Computer
registers
(a)
The Minister can declare land held for a public work in terms of the
PWA to be held under the Act, by notice in the Gazette (s 53(5)).
(b)
Former PWA land held under the Act has to be offered back if no
longer required (s 53(6)).
(c)
The Minister can also declare land held under the Act to be set apart
under the PWA.
(a)
A Gazette notice declaring land held for a public work to be held
under the Act can be registered in the same manner as other Gazette
notices declaring all or part of a public work to be held for some
other purpose.
(b)
If the Gazette notice effects a subdivision, the requirements and
provisions of s 11 and Part 10 of the RMA will not apply (s 43).
(c)
No fee is payable, as for other Gazette notices.
(a)
If the Gazette notice affects all of the land in an existing CR, then it
can simply be memorialised on that CR.
(b)
If the land is not already in a CR, then a new CR should be issued for
the land without fee.
Memorial
The memorial should follow the wording of the Gazette notice. This
includes referring to 'the Crown' in the memorial if that is the wording of
the Gazette notice.
Proprietor
description
The Crown, as proprietor of the land, must be recorded as 'Her Majesty the
Queen under section 53(5) of the Canterbury Earthquake Recovery Act
2011'.
Note:
This will identify land as land acquired under the Act and subject
to the Act's provisions.
continued on next page
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Public works land, continued
No purpose
statement
(a)
CRs for PWA land declared to be held under the Act under s 53(5) do
not need a separate purpose statement.
(b)
It is not necessary to examine dealings that have been authorised by
the CE CERA for compliance with other enactments such as the PWA.
Note:
Land declared under s 53(5) continues to be subject to offer back
obligations if the CE CERA wishes to dispose of the land (s 53(6)).
It is the CE CERA's responsibility to comply with those obligations,
aided by the proprietor description to identify relevant land.
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5
Road stopping
Introduction and
background
Registration
(a)
The CE CERA may stop roads by giving public notice or in any other
manner that he or she determines (s 46(3)).
(b)
The road stopping has effect as if the road had been stopped in
accordance with s 342 and Schedule 10 of the Local Government Act
1974 and as if the CE CERA were a council within the meaning of that
section (s 46(4)).
(c)
Nothing in s 345 of the Local Government Act 1974 applies to the
disposal of the stopped road (s 46(6)(b)).
(d)
Nothing in the Act, or in s 342 and Schedule 10 of the Local
Government Act 1974, suggests that stopping of a road changes the
ownership of the road. Road stopped under s 46 continues to be
vested in the owner of the road until it is acquired by the Crown
under the Act, or otherwise dealt with by the owner.
(a)
CERA may request the RGL to issue a CR for the stopped road in the
name of the owner, on payment of the usual fee.
(b)
The request should be accompanied by a copy of the public notice
and/or other relevant documentation in terms of s 46(3).
(c)
The request should refer to a plan of survey that defines the area of
stopped road, which has been approved in terms of the Rules.
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6
Dealings and disposal
Introduction and
background
Dealings
(a)
This part of the guideline relates to the Crown dealing with land held
for the purposes of the Act, including disposal.
(b)
The Act authorises (the CE CERA in the name of) the Crown to
purchase or otherwise acquire, hold, sell, exchange, mortgage, lease,
and dispose of land (s 53(1)).
(c)
The CE CERA may subdivide land acquired by the Crown under the
Act, and nothing in s 11 or Part 10 of the RMA applies (s 43).
(d)
The Minister may, by notice in the Gazette, declare land held under
the Act to be set apart for a Government work in terms of the PWA
(s 53(4)).
(e)
When disposing of land held under the Act, the usual ss 40-42 PWA
requirements to offer to former owners or adjoining owners do not
apply (s 53(3)), with the following exceptions:
(i)
requirements to offer land back continue to apply to former
PWA land (s 53(6)),
(ii)
land that was compulsorily acquired under s 55 may have to be
offered back (ss 53(3) and 58), and
(iii)
the CE CERA disposing of land to which the Ngāi Tahu Claims
Settlement Act 1998 applies must do so in accordance with that
Act (s 59(2)).
(a)
Mortgages, leases, and other dealings that are not disposals can be
registered in the usual way.
(b)
Instruments will be authorised by the CE CERA for HMQ as registered
proprietor.
continued on next page
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Dealings and disposal, continued
Subdivision
Disposal
Public work
(a)
CE CERA can subdivide land acquired under the Act without territorial
authority approval under s 223 of the RMA, and none of the other
requirements or provisions of s 11 or Part 10 of the RMA will apply
(s 43).
(b)
A plan of subdivision or related documentation may include a recital
that the subdivision is exempt from the RMA under s 43, but this is
not essential.
(a)
For the purposes of this guideline, 'disposal' refers to a transfer by
HMQ under the Act to a different owner.
(b)
Transfer instruments will be authorised by the CE CERA for HMQ as
transferor.
(c)
Transfers of land held under s 53(1) can be registered in the usual
manner.
(d)
A transfer instrument
may include a recital
(It is the CE CERA's
obligations, aided by
land.)
(e)
A transfer instrument should be accompanied by a s 99 Ngai Tahu
Claims Settlement Act 1998 certificate if the CR is subject to a
certificate under s 98 of that Act.
(f)
A Crown disposal of land held under the Act will be subject to Part 4A
of the Conservation Act 1987 and ss 10 and 11 of the Crown Minerals
Act 1991.
for disposal of land held under ss 53(5) or 55
or other information, but this is not essential.
responsibility to comply with any offer back
the proprietor description to identify relevant
A Gazette notice under s 53(4) declaring land held under the Act to be set
apart for a Government work in terms of the PWA can be registered in the
same manner as any PWA Gazette notice.
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STATUTORY LAND CHARGES
7
Statutory land charges
Introduction and
background
Statutory land
charge
(a)
This part of the guidance relates to registration of charges under the
Act.
(b)
The CE CERA may arrange for buildings to be demolished and may
recover the costs of demolition from owners of dangerous buildings
(s 38(4)(b)(ii)). The amount recoverable becomes a charge on the
land (s 38(4)(b)(iii)) and may be registered under the authority of
the Statutory Land Charges Registration Act 1928.
(a)
A statutory land charge for registration:
(b)
(i)
should be in the form prescribed in the Statutory Land Charges
Registration Act 1928, and
(ii)
must specify the amount of the charge, but may also include
additional words referring to 'all further costs' or similar.
The usual registration fee is payable.
Memorial
The memorial must refer to a 'statutory land charge pursuant to section 38
of the Canterbury Earthquake Recovery Act 2011', to assist LINZ, CERA,
and others to identify charges under the Act.
Effect
(a)
A statutory land charge under s 38 of the Act does not prevent
transfers or other dealings with the land.
(b)
The charge takes priority in relation to other charges, including
mortgages, according to the date of registration.
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LIMITED TITLES
Introduction and
background
Contents
(a)
This part of the guidance relates to the requirements to obtain
adjoining landowners' consent to new survey definitions and issue
new CRs limited as to parcels if consent is not provided.
(b)
When surveying land in areas affected by the Canterbury
earthquakes, it may be difficult to comply with the Rules. For
example, survey marks and physical boundary evidence to which the
new survey definition must usually relate, may have moved or
disappeared.
(c)
The CE CERA, after consulting with the Surveyor-General, may direct
LINZ to approve a CSD that would not otherwise comply with the
Rules (s 35). Approval of a plan by direction of the CE CERA is
deemed to be approval as to survey to allow the plan to be deposited
under s 167 of the LTA.
(d)
The Surveyor-General will arrange with the CE CERA for a relevant
CSD to clearly indicate it is approved pursuant to s 35.
(e)
The CE CERA may direct the RGL to seek consent of adjoining
landowners to the new survey definition on plans approved under
s 35, and in other cases where there is a legal requirement to notify
adjoining owners before depositing a plan (s 36(1) and (2)). If they
consent, the plan can be deposited and a new CR issued as usual
(s 36(3)).
(f)
If adjoining landowners do not consent, the CE CERA may direct the
RGL to issue a CR limited as to parcels (s 36(4)), which will preserve
the rights of adjoining owners. A limited CR under the Act is similar
to a CR limited as to parcels under the LTA, and LTA provisions for
lodging caveats and challenging such caveats apply (s 36(5)).
Disputes about the survey definition and caveats must be heard and
determined in accordance with the Act (ss 37 and 69), and the RGL
must remove the limitation as to parcels when directed to by the
CE CERA (s 36(6)).
This section contains the following topics:
Topic
See page
Adjoining owners' consent
28
Issuing limited computer registers
30
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8
Adjoining owners' consent
Depositing plans
CE CERA
direction to seek
consent
Request to
adjoining owners
Adjoining
owners' consent
(a)
A plan that was approved by a CE CERA direction under s 35 can only
be deposited in accordance with s 36.
(b)
For other plans where there is a legal requirement to give notice to
adjoining owners, such as plans to remove limitations as to parcels,
s 36 provides an alternative procedure.
A CE CERA direction to the RGL to seek the consent of the adjoining
landowners to the new survey definition on a new plan for deposit will be
in writing and:
(a)
may be included as part of the CSD, or
(b)
may accompany the order for new CR to deposit the plan.
(a)
The date for response should be set at 10 working days after
allowing two working days for delivery (s 36(4)).
(b)
A notice fee is payable for each notice.
(a)
Adjoining landowners can give their consent in the usual manner of
consenting to deposit of a plan; that is, by signing a copy of the plan
or by written consent referring to the plan number (see Appendix A
for a suitable form).
(b)
If all adjoining landowners consent to the new survey definition, the
plan may be deposited and a new CR issued accordingly.
continued on next page
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Adjoining owners' consent, continued
Adjoining
owners do not
consent
(a)
If any adjoining landowner does not respond by the date specified in
the notice, or refuses to consent to the new survey definition, the
notice to the CE CERA required by paragraph 5.1(b) of the standard
should be:
(i)
sent by post or electronic communication, or
(ii)
included as part of a requisition,
depending on whether the CE CERA’s direction to the RGL to seek the
consent of the adjoining landowners was included as part of the CSD,
or accompanied an order for new CR.
(b)
The CE CERA may:
(i)
withdraw the order for new CR (if applicable),
(ii)
allow the adjoining landowner a further period to respond
(s 36(4)), or
(iii)
direct the RGL to issue a new CR limited as to parcels upon
deposit of the CSD.
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9
Issuing limited computer registers
Direction to
issue limited title
Effect of
limitation as to
parcels
Removal of
limitation
Direction to
disapply
A CE CERA direction to the RGL to issue a new CR limited as to parcels
upon deposit of the CSD:
(a)
will be in writing,
(b)
should cite s 36(4), and
(c)
may be sent by post or electronic communication, or lodged as an
order for new CR (depending on whether the CE CERA has already
lodged an order for new CR to deposit the plan).
(a)
The provisions in Part 12 of the LTA which usually apply to limited as
to parcels CRs, will apply to a CR issued and limited as to parcels in
accordance with s 36(4) (s 36(5)), except for the process to remove
the limitation as to parcels in s 36(6).
(b)
While the CR is limited as to parcels, an adjoining owner or occupier
can lodge a caveat under s 205(4) of the LTA, and the provisions of
ss 143 and 145-148 of the LTA (as to removal, lapsing, etc) apply.
(c)
Adjoining owners' disputes over survey definitions and disputes
against lodgement of caveats will be heard and determined by courts
in accordance with s 69.
(a)
The CE CERA may direct the RGL to disapply s 205(4) of the LTA,
which authorises caveats against CRs limited as to parcels, from a CR
that was issued and limited as to parcels in accordance with s 36(4).
The RGL must then remove the limitation as to parcels from the
relevant CR (s 36(6)).
(b)
Any existing s 205(4) caveats can be removed at the same time.
A CE CERA direction under s 36(6):
(a)
will be in writing,
(b)
should cite s 36(6), and
(c)
may be sent by post or electronic communication.
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PLANS OF DISTORTED BOUNDARIES
10
Plans of distorted boundaries
Introduction and
Background
(a)
This part of the guidance describes the process for a plan with an
annotation 'Boundary includes new angles due to deep-seated
movement' or similar, in accordance with the Rules.
(b)
The annotation means the plan re-establishes an existing boundary
with new angles to represent distortion of that boundary by the
Canterbury earthquakes. For example, an existing straight line
boundary might be shown as a new 'crooked' boundary.
(c)
The plan can only be deposited after confirming the land does not
include land from a neighbour's CR.
Note:
Relevant
adjoining owners
Consent of
adjoining owners
Notice to
relevant
adjoining owners
If the land is comprised in a CR that is limited as to parcels, then
the usual LTA provisions for notifying adjoining owners and
adjoining owners' caveats will apply instead of this section.
(a)
Relevant adjoining owners are the adjoining owners to the boundary
re-established with new angles.
(b)
LINZ staff with survey expertise should be consulted to identify the
re-established boundary or boundaries.
(a)
The surveyor may have obtained adjoining owners' consent to the
plan and the re-established boundaries, and included the consents in
the CSD.
(b)
If every relevant adjoining owner has consented, the plan may be
deposited and a new CR issued for the land shown on the plan.
(a)
If any relevant adjoining owner has not consented, notice in the form
set out in Appendix B must be given.
(b)
The notice period is 21 days, the same as for a notice of removal of
limitations as to parcels.
(c)
No notice fee is payable, because this is not a notice required by the
LTA or another enactment in terms of Schedule 5, Part 2 of the Land
Transfer Regulations 2002.
continued on next page
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Plans of distorted boundaries, continued
Objection
Advise applicant
(a)
A relevant adjoining owner can object on the basis that they own
part of the land shown on the plan.
(b)
The objection needs to be in writing.
(c)
A relevant adjoining owner cannot object by lodging a caveat.
(a)
If a relevant adjoining owner objects, then the person applying for
deposit of the plan and issue of a new CR should be advised the plan
cannot deposit until they resolve the objection.
(b)
An applicant can resolve an objection by obtaining the adjoining
owner's consent, or submitting a new plan with different boundary
definition and with the adjoining owner's consent.
(c)
The applicant should be advised by way of a notice of requisition, not
by rejection.
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Appendix A: Request for consent of adjoining owner
(date)
(Name of adjoining owner)
(Address)
Canterbury Earthquake Recovery Act 2011 – Section 36(2): Request for consent to
new survey definition
Dealing:
(dealing number)
Plan:
(CSD number)
Computer Register:
(CR reference)
Owner:
(applicant's name)
This notice is to advise you that land next to your property has been surveyed and the chief
executive of the Canterbury Earthquake Recovery Authority (chief executive) has directed
the Registrar-General of Land (RGL) to seek your consent to the new survey definition
before the RGL issues (a) new computer register(s) for the land.
To satisfy yourself that the land surveyed does not encroach on your property you may
inspect the attached plan and any pegs or other boundary marks that have been placed at
the site by the surveyor. (You may need to engage a licensed cadastral surveyor to assist
you.)
If you agree with the new survey definition, please complete the attached consent form
and return it to the address below or by email to customersupport@linz.govt.nz. The RGL
will then deposit the plan and issue (a) new computer register(s) to the owner.
If you do not respond by the close of (date) or if you refuse to consent, the chief
executive may direct the RGL to deposit the plan and issue (a) new computer register(s)
limited as to parcels, which will enable you to lodge a caveat under s 205(4) of the Land
Transfer Act 1952 to protect your interests. Disputes over survey definitions and against
lodgement caveats under s 205(4) of that Act will be heard and determined by the courts in
accordance with s 69 of the Canterbury Earthquake Recovery Act 2011.
Please contact Customer Support (0800 665 463) if you have any queries regarding this
notice.
National Manager Survey & Title Operations
for Registrar-General of Land
[LINZ office address]
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Consent to New Survey Definition
Canterbury Earthquake Recovery Act 2011
BARCODE
Person giving consent:
Capacity and Interest of Person giving consent:
(Name(s) of adjoining landowner(s))
Owner(s) of the land in (CR reference of
adjoining owner property)
Consent
Pursuant to section 36 of the Canterbury Earthquake Recovery Act 2011, the
person giving consent hereby consents to the survey definition on Plan (CSD
number)
Dated this
day of
20
Attestation
Signed in my presence by the person giving
consent
____________________________________
Signature of Witness
Witness to complete in BLOCK letters (unless
legibly printed):Witness name
Occupation
Signature of person
giving consent
Address
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Appendix B: Notice to adjoining owners
(date)
(Name of adjoining owner)
(Address)
Land Transfer Act 1952 – Notice of new survey definition of boundary
Our reference:
Dealing (dealing number)
Plan:
LT (CSD number)
Computer Register:
(CR reference)
Owner:
(applicant's name)
This notice is to advise you that land next to your property has been surveyed and that the
common boundary with your land has been re-established with new angles to represent
movement of the boundary as a result of the Canterbury earthquake 2010.
To satisfy yourself that the land surveyed does not include any of your property, you may
inspect the attached plan and any pegs or other boundary marks that have been placed at
the site by the surveyor. (You may need to engage a licensed cadastral surveyor to assist
you.)
If you agree with the new survey definition, you need do nothing further. A new computer
register will be issued to the owner for the land as surveyed.
If you do not agree with the boundary as surveyed, you must reply in writing to
the address below or by email to customersupport@linz.govt.nz by the close of
(date).
Please contact Customer Support (0800 665 463) if you have any queries regarding this
notice.
National Manager Survey & Title Operations
for Registrar-General of Land
[LINZ office address]
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