Landwrap - October 2023

Issue 190

In this edition:

• Reminder: Legacy Landonline Survey Capture closing
• Vesting under the Incorporated Societies Act 2022
• Updates to Cadastral Survey Guideline on Legalisation CSDs
• Submit survey and title transactions early to avoid Christmas rush

Reminder: Legacy Landonline Survey Capture closing

From Monday 6 November, Survey Capture will only be available in New Landonline. Access to capture in Legacy Landonline will be turned off.

This means that in a less than two weeks you’ll need to use the New Landonline – Survey application to:

• finish existing survey capture activity
• start new survey capture activity.

You’ll continue using the Legacy system for searching, plan generation, and submitting and signing cadastral survey datasets. The New and Legacy Landonline systems remain fully compatible and integrated.

For help getting started, please visit our website or join our upcoming webinar:

• What: ‘Ask Us Anything’ about New Landonline – Survey Capture webinar 
• When: 12 – 1pm, 27 October
• How: register here

Vesting under the Incorporated Societies Act 2022

Following the removal or liquidation of an incorporated society, the Registrar of Incorporated Societies may make a direction that an estate or interest in land under the Land Transfer Act 2017 owned by a society be vested in a person. Under section 225 of the Incorporated Societies Act 2022, the person in whom the land is vested may apply to the Registrar-General of Land to give effect to the direction and register the person as the owner of the estate or interest.

Regulation 49 of the Incorporated Societies Regulations 2023 prescribes how an application is made, including that an application must be presented in the form of a transmission instrument under section 87 of the Land Transfer Act 2017.

An application for transmission lodged by e-dealing is certified by the practitioner and must be supported by:

• an authority and instruction form from the applicant
• a signed statutory declaration from the applicant, and
• a copy of the direction (as evidence to support the grounds for the transmission).

Our transmission guidance has been updated in line with these requirements.

Transmission instruments

Updates to Cadastral Survey Guideline on Legalisation CSDs

An updated version of the Legalisation CSDs guideline has been published recently on the Toitū Te Whenua website. 

The changes are:

• Addition of a paragraph in the Overview section, clarifying that the guidance doesn’t cover acquisitions by subdivision and transfer under the Land Transfer Act.
• Addition of Severance as a key term.
• The section on Road stopping has been replaced – it now includes basic parcel capture requirements and reference to relevant legislation where road is stopped along a water margin.
• A new short section on Land exchanges has been added, clarifying that they will generally require a LT Subdivision CSD rather than a Legalisation CSD.
• Amendments to Dealing with all the land section to refer to severance parcels and update Figure 1 to show a severance parcel.
• An amendment to Survey purpose section to clarify a survey purpose of ‘Legalisation’ must be used for CSDs that only create non-primary parcels for legalisation actions.
• Amendments to the Existing easements section to clarify depiction and schedule requirements.
• The section on Area schedules has been replaced – it now includes additional examples and clarification of requirements.
• The section on Survey report has been replaced – it now includes examples of purpose and relevant statutory provisions.
• The section on Land in a unit title development has been replaced – to simplify and clarify guidance on requirements.
• The section on Reclamations from the sea has been replaced – it clarifies that reclamations will generally require a LT Reclamation CSD and also provides guidance on when a Legalisation CSD should be used.

Submit survey and title transactions early to avoid Christmas rush

As we head into the holiday season, we often see an increase in Survey and Title transactions and urgency requests.

So we can ensure transactions are processed in a timely way, we’re asking you to please submit your work as early as possible.

We are also reviewing our process and criteria for urgent requests and will have more information on this in November.

Sign up

Subscribe to Landwrap