A signatory or their practitioner must certify certain matters before a paper instrument can be lodged. Obligations apply to witnesses, certifiers, and LINZ staff upon receiving paper instruments by post and prior to registering them. This is to safeguard against fraud in conveyancing transactions.
This guideline is to help witnesses of paper instruments, persons certifying them, and LINZ staff processing them, understand their obligations regarding verification of the identity of the signatory. It is also to assist signatories of paper instruments understand their obligations.
It focuses on practitioners’ obligations, when witnessing a paper instrument to:
- confirm the signatory’s identity, based on acceptable photo ID
- consider the signatory’s legal capacity
- take further reasonable steps for high risk transactions; and
- provide a statutory declaration in relation to the witnessing.
This guideline should be read in conjunction with the Authority and Identity Requirements for E-Dealing Standard 2024 and the Authority and Identity Requirements for E-Dealing Guideline 2024.
Note
On 23 October 2024 the Authority and Identity Requirements for E-Dealing Standard 2018 and the Authority and Identity Requirements for E-Dealing Guideline 2018 were superceded by the Authority and Identity Requirements for E-Dealing Standard 2024 and the Authority and Identity Requirements for E-Dealing Guideline 2024.
This guideline was updated on 28 November 2024 to reflect those changes.