Gordon Campbell | Parliament TV | Parliament Today | Video | Questions Of the Day | Search


Land Transfer & Cadastral Survey Legislation Bill

13 November 2001 Hon Sandra Lee Speech Notes
First Reading Speech For The Land Transfer And Cadastral Survey Legislation Bill

Mr Speaker, I move that the Land Transfer and Cadastral Survey Legislation Bill be read a first time.

This legislation will enable the second phase of the Landonline project, to integrate and automate New Zealand's land transfer and survey system, to be implemented. It also enables a number of related improvements to the system of processing land transactions. The fundamental principles of the land transfer system that has operated since the 1870s and enjoyed a high degree of confidence, will not however be altered.

The Landonline project will increase the efficiency and speed with which conveyancers and cadastral surveyors undertake land transactions. It also provides opportunities for greater automation and integration with related land management processes in the future. The system improves the security of the land titles register, thereby reducing the risk to the Crown while maintaining the certainty which the land transfer and survey systems provide to the economy.

The first phase of Landonline is currently being implemented. This involves converting about seven million of the most frequently accessed land titles and survey plans into digital data so that Land Information New Zealand can process transactions against this information, in an electronic environment. The first phase of Landonline creates a national database of title and survey information and enables licensed users to search the electronic database from remote locations via the internet.

The main benefits of the Landonline project come with its second phase, which enables routine land transfer documents and survey plans to be lodged electronically. The Land Transfer and Cadastral Survey Legislation Bill authorises the electronic lodgement of land transfer dealings and digital survey data.

Although work on the second phase of Landonline is already well underway, it cannot be implemented until this legislation is passed. The net present value to the economy of the overall Landonline project has been estimated at $58.4million, but without the second phase being implemented the net present value would be negative.

The bill provides for an electronic workspace (or workspaces) in which authorised users prepare documents and plans and pre-validate them against automated business rules. When completed, conveyancers will be able to submit routine land transfer dealings and provided they comply with automated checks, the register will be automatically updated. Following pre-validation, survey datasets can be submitted electronically to LINZ for validation and approval.

Access to the electronic workspace will be restricted to authorised users who will be authenticated through digital certificates. Authority to sign and submit data is restricted to conveyancers recognised under the legislation and licensed surveyors. The principles of the land transfer and survey systems are unchanged by the system or by this bill. The electronic land titles register is paramount and authoritative; title is guaranteed; and the Crown will continue to compensate those deprived by fraud or error. The major change is that under the new system, duplicate titles will no longer be issued.

The bill provides for the Registrar-General of Land and the Surveyor-General to set standards for the documents and data submitted electronically and to undertake checks and audits to ensure that standards have been met. For titles transactions, signing conveyancers must certify that they have authority to act and that the dealing complies with all relevant legislation. These certifications will also be audited by the Registrar-General and criminal sanctions are provided for fraudulent or reckless certification. The Chief Executive is made responsible for providing facilities to receive, process and store data. Access to the system can be removed in cases of misuse.

Conveyancers and surveyors will not be forced to lodge documents and data electronically. The manual lodgement of paper documents and plans will still be available. However the Bill enables electronic lodgement of some or all types of documents and data to be made compulsory at some future time by order in council.

The bill establishes a Cadastral Surveyors Licensing Board in lieu of the present arrangements for the occupational regulation of surveyors. The new system will provide better assurance that only competent individuals undertake cadastral surveys in the field and submit data into the national survey control system.

The new Board will be able to require ongoing competence as a condition for obtaining a license. A significant flaw in the present system of occupational regulations is that the current Survey Board cannot require cadastral surveyors to maintain their competency.

The costs of running the new system of occupational regulation will be transparent. It will be solely targeted at the competencies required to undertake cadastral surveying. Membership of the New Zealand Institute of Surveyors will no longer be a pre-requisite for obtaining a license. This will reduce compliance costs.

Conveyancers and surveyors are supportive of the concepts behind this legislation. The Law Society and the New Zealand Institute of Surveyors have been closely involved in both the design and the development of the Landonline system and in the development of this legislation. The Maori Land Court, local government, and banking and financial services have also been consulted to ensure that their interactions with the land transfer and survey systems are catered for in both the electronic environment and the provisions of this bill.

The Landonline system is e-government in action. The implementation of the second phase will result in a secure national land title and survey system available from remote locations, with much faster turnaround times for routine transactions and positive economic benefits to New Zealand. This bill provides the necessary rules that must accompany the system to ensure that New Zealanders' interests in land continue to be protected and maintained.

Mr Speaker, I intend to move that the Land Transfer and Cadastral Survey Legislation Bill be referred to the Primary Production Select Committee for report back by 1 March 2002.

I commend the Bill to the House.


© Scoop Media

Parliament Headlines | Politics Headlines | Regional Headlines


Ruataniwha: DOC, Hawke's Bay Council Developer Take Supreme Court Appeal

The Department of Conservation and Hawke's Bay Regional Investment Company (HBRIC) are appealing to the Supreme Court over a conservation land swap which the Court of Appeal halted. More>>


With NZ's Marama Davidson: Women’s Flotilla Leaves Sicily – Heading For Gaza

Women representing 13 countries spanning five continents began their journey yesterday on Zaytouna-Oliva to the shores of Gaza, which has been under blockade since 2007. On board are a Nobel Peace Laureate, three parliamentarians, a decorated US diplomat, journalists, an Olympic athlete, and a physician. A list of the women with their background can be found here. More>>

Gordon Campbell: On The Key Style Of Crisis Management

At Monday’s post Cabinet press conference Key was in his finest wide- eyed “Problem? What problem?” mode. No, there wasn’t really a problem that top MPI officials had been at odds with each other over the meaning of the fisheries policy and how that policy should be pursued... More>>


Mt Roskill: Greens Will Not Stand In Likely Post-Goff By-Election

“The Green Party’s priority is changing the Government in 2017, and as part of that we’ve decided that we won’t stand a candidate in the probable Mt Roskill by-election... This decision shows the Memorandum of Understanding between Labour and the Green Party is working." More>>


Wellington: Predator Free Capital Plan

Wellington City Council (WCC), the Greater Wellington Regional Council (GWRC) and NEXT Foundation, today announced a joint collaboration to make Wellington the first Predator Free capital city in the world. More>>


Gordon Campbell: On Judith Collins’ Efforts At Self Correction

Thousands of prisoners currently in prison may be entitled to an earlier release than expected – and compensation – because Corrections has incorrectly calculated their term of imprisonment. Unless of course, the government buries its mistakes by changing the law and retro-actively getting itself off the hook… More>>


More Justice & Corrections

Sector Opposes Bill: Local Government Bill Timeframe Extended

The Minister of Local Government Peseta Sam Lotu-Iiga has asked the Select Committee to extend the report back date for the Local Government Act 2002 Amendment Bill (No 2). More>>


Get More From Scoop



Search Scoop  
Powered by Vodafone
NZ independent news