Page 31 - English-DBINZ brochure-2019

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Section 7
PROPERTY AND LAND LAW

Property law

LAND TITLE SYSTEM
New Zealand utilises a land registration and transfer system based on the Torrens system. This system
revolves around a public register of land ownership and is used in a number of other countries, including
Australia, the United Kingdom and Singapore. The primary advantage of the Torrens system is that a
purchaser of land can rely on the correctness of the title to land as it is recorded in the public register.
Furthermore, in New Zealand the Crown guarantees that the details on the register are true and
complete.
Almost all land in private ownership in New Zealand is held under the Torrens system as enacted
in the Land Transfer Act 2017. This Act provides for a public register of land, divided into 12 land
registration districts. All transactions in relation to a piece of land, including transfers of the land and
the registration of mortgages, easements, caveats and other legal interests over the land, are recorded
on a record of title retained in the relevant registry’s electronic register. The record of title also records
the area of the land. A search copy of the record of title for a parcel of land can be obtained (for a
nominal fee) by various agents who will obtain the search from Land Information New Zealand (LINZ)
via its LandOnline service. The purpose of including all this information on the register is to put the
public on notice of all interests which may affect the land, however, it should be noted that where land
is designated as “Māori land” then, as the Māori Land Court also holds records relevant to such land, a
search of the Māori Land Court’s register for the land should also be obtained to ensure that all relevant
interests in the land are known. LINZ is currently developing various improvements to LandOnline to
unify this information.
When a purchaser of land requests a guaranteed search of the public register, he or she will be provided
with a search copy of the relevant record of title. As the Crown guarantees that all interests affecting the
land appear on the record of title, the purchaser need not look any further to ascertain the true property
owner. As a result, the process of purchasing land in New Zealand is relatively straightforward and
reliable - as well as cost-effective.