This standard sets requirements under section 236(1)(b) and (e) of the Land Transfer Act 2017 which, if met, will satisfy a practitioner’s obligations under regulation 7(3)(a) and (b) of the Land Transfer Regulations 2018.
The standard sets out a practitioner’s obligations to:
- obtain authority from the party they are acting for
- take reasonable steps to ensure the party has the legal capacity to give that authority, and
- take reasonable steps to confirm the party’s identity.
The standard should be read in conjunction with:
- the Authority and Identity Requirements for E-Dealing Guideline 2024 – LINZ OP G 01309 which provides guidance to assist practitioners to understand how to comply with the above obligations, and
- the Certification of Electronic Instruments (Statutory Requirements and Retention of Evidence) Standard 2018 – LINZ S 20012 which sets requirements to satisfy a practitioner’s obligations under regulation 7(3)(c) and (d) that is, to comply with any statutory requirements specified by the Registrar-General of Land for a particular instrument and the requirements for the retention of evidence.