Powers of Attorney

The following requirements do not apply to trustee companies.

Enduring Powers of Attorney

Registration requirements depend on whether or not the instrument signed by an attorney under an enduring power of attorney in relation to property (EPA) is certified under section 27 of the Land Transfer Act 2017 (LTA):

1. Electronic instruments with s27 LTA certification

In the case of an electronic instrument certified under section 27 LTA (E-capable and non e-capable instruments) the attorney will need to sign the Authority and Instruction (A&I) form:

• the EPA does not need to be deposited with LINZ but must be held on file by the certifying practitioner
• the EPA must be in the form prescribed at the time that it was executed
• the donor's signature on the EPA must be witnessed in accordance with the requirements of section 94A of the Protection of Personal and Property Rights Act 1988 (PPPR Act)
• the donor witness certificate must be attached to the EPA as provided in section 94A(7) of the PPPR Act
• the A&I form must be accompanied by:
  • a certificate of non-revocation and non-suspension in Form 7 of the Protection of Personal and Property Rights (Enduring Powers of Attorney Forms and Prescribed Information) Regulations 2008 (PPPR Regulations), and
  • if the EPA is activated by mental incapacity, a health practitioner's certificate including the information prescribed in the PPPR Regulations must be provided.

2. Instruments lodged electronically without s27 LTA certification or lodged in paper format

Instruments lodged electronically without section 27 certifications or by manual dealing will require the following:

• the EPA must be deposited with LINZ
• the EPA must be in the form prescribed at the time that it was executed
• the donor's signature on the EPA must be witnessed in accordance with the requirements of section 94A of the PPPR Act
• the donor witness certificate must be attached to the EPA as provided in section 94A(7) of the PPPR Act
• the instrument executed by the attorney must be accompanied by a certificate of non-revocation and non-suspension in Form 7 of the PPPR Regulations – if the instrument is lodged electronically, this must be included as an image in the e-dealing. If the instrument is lodged manually, the certificate should be attached to the instrument.
• if the EPA is activated by mental incapacity, a health practitioner's certificate including the information prescribed in the PPPR Regulations) must be provided. This should not be attached as an image to the dealing, but submitted separately as a request in the Landonline workspace, using the ‘Titles – Dealing Correspondence’ type.

If an instrument without section 27 certifications is lodged in the same e-dealing as another instrument that requires certifications and A&I forms, then the EPA must still be deposited with LINZ in a manual dealing prior to the e-dealing.

Power of Attorney

Registration requirements depend on whether or not the instrument signed by an attorney under an ordinary power of attorney (PA) is certified under section 27 LTA:

1. Electronic instruments with s27 LTA certification

In the case of an electronic instrument certified under section 27 LTA, the attorney will need to sign the Authority and Instruction (A&I) form:

• the PA does not need to be deposited with LINZ but must be held on file by the certifying practitioner
• the A&I form must be accompanied by a certificate of non-revocation in the form set out in Schedule 1 of the Property Law Act 2007.

2. Instruments lodged electronically without s27 LTA certification or lodged in paper format

Instruments lodged electronically without section 27 certifications or by manual dealing will require the following:

• the PA must be deposited with LINZ
• the instrument executed by the attorney must be accompanied by a certificate of non-revocation – if the instrument is lodged electronically, this must be included as an image in the e-dealing. If the instrument is lodged manually, the certificate should be attached to the instrument.

If an instrument without section 27 certifications is lodged in the same e-dealing as another instrument that requires certifications and A&I forms, then the PA must still be deposited with LINZ in a manual dealing prior to the e-dealing.

Consent to deposit a plan signed by an attorney

If a consent required to deposit a plan under the LTA has been signed by an attorney, the PA or EPA must be deposited with LINZ in a manual dealing before the dealing depositing the plan can be registered.  For example:

• Consent from registered owner or interest holder to Lot/s vesting, or
• Consent from registered owner of adjoining land to removal of limitations.

The consent executed by the attorney on behalf of the registered owner/interest holder is attached to the Order for New Certificate of Title (OCTN) in a dealing or attached to the adjoining owner’s consent in the plan dataset. It must be accompanied by a certificate of non-revocation for a power of attorney or certificate of non-revocation and non-suspension for an enduring power of attorney. If the EPA is activated by mental incapacity, a health practitioner's certificate must also be provided.

Depositing an Enduring Power of Attorney or Power of Attorney

If an EPA or PA is to be deposited with LINZ, this must be by manual dealing using the Power of Attorney (PA) code. The original document must be lodged.

Once deposited, the EPA or PA is assigned an instrument number by LINZ. It is useful to include this instrument number in any subsequent certificate of non-revocation.