Guideline for making applications to change or correct names in the ...

Guideline for making applications to 

change or correct names in the 

Registrar-General of Land’s records 

LINZG20704 

30 October 2013

Table of contents 

Terms and definitions ..................................................................................... 3 

General ..................................................................................................... 3 

Foreword ........................................................................................................ 4 

Introduction ............................................................................................... 4 

Purpose of guideline .................................................................................... 4 

Scope ........................................................................................................ 4 

Intended use of guideline ............................................................................ 5 

References ................................................................................................. 5 

1 Electronic application .............................................................................. 6 

Electronic instrument .................................................................................. 6 

Certification ............................................................................................... 6 

Evidence .................................................................................................... 6 

Authority and instruction ............................................................................. 6 

Verification of identity ................................................................................. 7 

Supporting documentation ........................................................................... 7 

Certificates ................................................................................................ 7 

Statutory declaration ................................................................................... 8 

Statutory declaration—corporate body ........................................................... 8 

Change of ownership ................................................................................... 9 

2 Paper application ................................................................................... 10 

Natural person— change or correction of name............................................. 10 

Corporate body—change of name ............................................................... 10 

Corporate body—correction of name ........................................................... 10 

Witnessing ............................................................................................... 10 

Amendments to paper form ....................................................................... 10 

Signatory ................................................................................................. 10 

Supporting documentation ......................................................................... 11 

3 Change or correction of name in the RGL’s records may not be necessary12 

Electronic registration ............................................................................... 12 

Supporting documentation ......................................................................... 12 

Significant error or change of name ............................................................ 12 

Exception for paper registration .................................................................. 12 

4 Nationwide changes by a corporate body .............................................. 13 

New applications ....................................................................................... 13 

Previous paper-based process .................................................................... 13 

Certificate of notation ................................................................................ 13 

5 Making an application—caveator or claimant ......................................... 14 

Caveat or notice of claim under the Property (Relationships) Act 1976 ............ 14 

Evidence of change or incorrect name as supporting evidence ........................ 14 

6 Māori land .............................................................................................. 15 

Māori land................................................................................................ 15 

Appendix A: Certificate of notation ............................................................... 16

Terms and definitions 

General (a) For the purposes of this guideline, the following terms and definitions 

apply. 

(b) 

Any reference to a particular form or regulation in this guideline, such 

as 'form 23', or 'r 11', is a reference to that form, or that regulation, 

in the Land Transfer Regulations 2002. 

Term/abbreviation 

applicant 

CRELA 

electronic instrument 

Gazette notice 

LINZ 

Definition 

a registered proprietor who makes an application for a change or 

correction of name in the Registrar-General of Land's records 

Land Transfer (Computer Registers and Electronic Lodgement) 

Amendment Act 2002 

as defined in s 2 of the LTA 

the notice published as "Statutory Requirements, Forms of Electronic 

Instruments, and Requirements for the Retention of Evidence" 

(26 September 2008) 144 New Zealand Gazette 3925 at 3958 

Land Information New Zealand 

LTA Land Transfer Act 1952 

LTR Land Transfer Regulations 2002 

paper instrument 

practitioner 

registered proprietor 




regulation 26 Regulation 26 of the Land Transfer Regulations 2002 

RGL 

RGL’s records 

Registrar-General of Land 

includes a computer register provided for by CRELA and indexes under 

r 31(b) of the LTR. 

Guideline for making applications to change or correct names in the Registrar-General of Land’s records | LINZG20704 

30 October 2013 

Registrar-General of Land | Land Information New Zealand 

3

Foreword 

Introduction (a) Regulation 26 of the Land Transfer Regulations 2002 (regulation 26) 

permits the Registrar-General of Land (RGL) to change or correct a 

name in his or her records if the RGL is satisfied that the name of a 

registered proprietor: 

(i) 

(ii) 

(iii) 

has changed, or 

is incorrectly stated in the RGL's records, and 

the prescribed fee has been paid. 

(b) 

An application to change or correct the name of a registered 

proprietor may be lodged as an electronic instrument under r 4(1) 

and (2) and Parts 1 and 2 of Schedule 1 of the Land Transfer 

Regulations 2002 (LTR). 

Purpose of 

guideline 

The purpose of this guideline is to assist people to apply to change or 

correct the name of a registered proprietor in the RGL’s records. 

Scope (a) This guideline provides guidance on: 

(i) 

(ii) 

how to apply to change or correct the name of a registered 

proprietor in electronic and paper form, and 

what documents are needed to support such applications. 

(b) 

Regulation 26 and this guideline do not apply to: 

(i) 

(ii) 

(iii) 

any name incorrectly stated in the RGL’s records as a result of 

an error by the RGL. In that case the RGL can correct the error 

under s 80 of the Land Transfer Act (LTA) in accordance with 

LINZS20006: Standard for corrections to the register; 

vesting of land following a change of identity by a corporate 

body; for example, by amalgamation of companies under 

Part 13 of the Companies Act 1993. In that case refer to 

LINZG20705: Guideline for transmission following amalgamation 

of companies; or 

correction of an error that resulted in the wrong person or 

corporate body being registered as proprietor. 

continued on next page 




4

Foreword, continued 

Intended use of 

guideline 

This guideline is intended for use by: 

(a) 

practitioners who lodge applications to change or correct the name of 

a registered proprietor, and 

(b) 

employees of Land Information New Zealand (LINZ) who 

(i) 

(ii) 

advise practitioners, and 

have delegated authority to change or correct the name of a 

registered proprietor in the RGL's records. 

References 

The following documents are necessary for the application of this guideline: 

• Companies Act 1993 

• Incorporated Societies Act 1908 

• Land Information New Zealand, Registrar-General of Land. 2013. 

LINZS20002: Standard for verification of identity for registration 

under the Land Transfer Act 1952. Wellington: LINZ 

• Land Transfer Act 1952 

• Land Transfer (Computer Registers and Electronic Lodgement) 

Amendment Act 2002 

• Land Transfer Regulations 2002 

• Property (Relationships) Act 1976 

• "Statutory Requirements, Forms of Electronic Instruments, and 

Requirements for the Retention of Evidence" 

(26 September 2008) 144 New Zealand Gazette 3925 




5

1 Electronic application 

Electronic 

instrument 

An application to change or correct the name of a registered proprietor may 

be lodged as an electronic instrument under r 4(1) and (2) and Parts 1 

and 2 of Schedule 1 of the LTR. 

Certification (a) An application for correction or change of name of a registered 

proprietor must be certified by a practitioner acting for the applicant 

(r 11 and s 164A of the LTA) in the form prescribed in r 12. 

(b) 

On registration, an electronic application for correction or change of 

name has the same effect as an instrument made in writing executed 

by the applicant (r 13). 

Evidence (a) A certifying practitioner must retain evidence showing the truth of the 

certification (s 164C(1) of the LTA) and produce it when required by 

the RGL under s 164C(3) of the LTA. 

(b) 

The RGL has specified requirements for retention of evidence relating 

to an application for correction or change of name in "Statutory 

Requirements, Forms of Electronic Instruments, and Requirements for 

the Retention of Evidence" (26 September 2008) 144 New Zealand 

Gazette 3925 at 3958 ("the Gazette notice"). 

Authority and 

instruction 

(a) 

(b) 

(c) 

Under the Gazette notice, a practitioner must retain the applicant's 

written authorisation to apply to change or correct the name of a 

registered proprietor in the RGL's records. 

The authorisation should be signed by the applicant, their attorney, or 

authorised signatory. 

If the applicant is a corporate body, the authorisation must be signed 

according to the relevant legislation; for example: 

(i) A company must comply with s 180 of the Companies Act 1993. 

(ii) 

An incorporated society must comply with s 15(1) of the 

Incorporated Societies Act 1908. 





6

Electronic application, continued 

Verification of 

identity 

(a) 

(b) 

Under the Gazette notice, a practitioner must retain evidence that 

reasonable steps have been taken to confirm the identity and legal 

capacity of the applicant. 

Requirements for verifying the identity of the applicant and retaining 

evidence of the steps taken are set out in LINZS20002: Standard for 

verification of identity for registration under the Land Transfer 

Act 1952. 

Supporting 

documentation 

To meet the requirements of regulation 26 and the Gazette notice, a 

practitioner must retain evidence of the grounds for the application. 

Certificates (a) A New Zealand government-issued certificate that shows the applicant 

has changed their name may be sufficient evidence for the grounds of 

an application, if it is self-explanatory. Examples are: 

(i) 

(ii) 

New Zealand marriage certificate, marriage dissolution order, or 

name change certificate. 

New Zealand Companies Office certificate of incorporation. 

(b) 

A certified copy of such a certificate will usually be sufficient. 





7


Statutory 

declaration 

(a) 

Under the Gazette notice, a statutory declaration by the applicant is 

necessary if the documentary evidence of grounds for the application 

is not self-explanatory or the information requires verification or 

expansion. Examples of situations where a statutory declaration may 

be required are: 

(i) 

(ii) 

(iii) 

(iv) 

The registered proprietor’s name is incorrect in the RGL's 

records. 

The registered proprietor has adopted an alias, or there is more 

than one version of his or her name, with no formal supporting 

documentation. 

There are discrepancies between documentary evidence or 

identity documentation, such as a driver licence, and the 

registered proprietor's real name. 

When the evidence provided, for example, a marriage certificate, 

was issued by an unfamiliar organisation in another country or is 

in a foreign language. 

(b) 

A statutory declaration or statement by a practitioner may be 

sufficient where the circumstances are within his or her personal 

knowledge; for example, where the registered proprietor's name is 

incorrect in the RGL's records due to an error in an instrument lodged 

by the practitioner. 

Statutory 

declaration— 

corporate body 

(a) 

(b) 

A statutory declaration supporting an application by a corporate body 

should be made by a person who has appropriate authority to do so in 

terms of the corporate body's constitution or governing legislation. 

A statutory declaration by a practitioner would not be appropriate in 

this case, unless he or she has the appropriate authority. 





8


Change of 

ownership 

(a) 

(b) 

Regulation 26 cannot be used to change the ownership of any land, 

estate, or interest in land. 

If a person is applying to change or correct the name of a registered 

proprietor in the RGL's records to a name that is significantly different, 

a practitioner should: 

(i) 

(ii) 

obtain additional evidence to verify the application is not 

designed to effect a change of ownership, and 

take further steps to verify the identity of the registered 

proprietor in line with the requirements for high-risk transactions 

in LINZS20002: Standard for verification of identity for 

registration under the Land Transfer Act 1952. 




9

2 Paper application 

Natural person— 

change or 

correction of 

name 

Under regulation 26, a natural person may use form 23 to apply to change 

or correct his or her name in the RGL’s records. 

Corporate 

body—change of 

name 

(a) 

(b) 

Under regulation 26, a company or other corporate body may use 

form 24 to apply to change its name in the RGL’s records. 

While form 24 is intended for use by companies and incorporated 

societies, it may also used by a corporation sole or any other type of 

legally recognised entity. 

Corporate 

body—correction 

of name 

A company or other corporate body may use form 23, tailored to fit the 

circumstances, to apply to correct its name in the RGL’s records. 

Witnessing 

Neither form 23 nor form 24 requires the signatory to have the execution 

witnessed. This is because this form of application is not an 'instrument' for 

the purposes of s 157(2) of the LTA or r 16(1) of the LTR. 

Amendments to 

paper form 

Minor amendments to either form 23 or form 24 may be made, providing 

the intent of the application remains clear. 

Signatory 

Applications using form 23 or form 24 may be signed by the applicant or 

their practitioner. 





10

Paper application, continued 


documentation 

(a) 

(b) 

To meet the requirements of regulation 26, a paper application must 

include evidence of the grounds for the application. 

Documentation described in part 1 of this guideline, Electronic 

application, under the headings Certificates, Statutory declaration, 

and Statutory declaration—corporate body would be sufficient to 

support a paper application. 




11

3 Change or correction of name in the RGL’s 

records may not be necessary 

Electronic 

registration 

(a) 

There may be a case where a registered proprietor authorises 

electronic lodgement and their name has changed or is shown 

incorrectly in the RGL's records, but they do not wish to change or 

correct the name, for example: 

(i) 

(ii) 

The correction is for a minor typographical error, for example 

'Diana/Dianna'. 

The registered proprietor is transferring land or discharging their 

mortgage and going off the RGL’s records. 

(b) 

(c) 

In such a case it is not necessary to apply to change or correct the 

registered proprietor’s name in the RGL’s records in order to complete 

electronic registration of the dealing. 

Under s 164C(1) of the LTA, a certifying practitioner must retain 

supporting documentation to account for discrepancies between the 

registered proprietor’s name in the RGL’s records and in their identity 

documents. 


documentation 

Documentation described in part 1 of this guideline, Electronic application, 

under the headings Certificates, Statutory declaration, and Statutory 

declaration—corporate body would be sufficient to meet the requirements of 

s 164C(1). 

Significant error 

or change of 

name 

For anything more than a minor typographical error, where the registered 

proprietor is staying in the RGL’s records after electronic registration, it is 

recommended that an application be made to change or correct their name. 

Exception for 

paper 

registration 

If a registered proprietor lodges a paper instrument using a new or 

corrected name, it will be necessary to apply to change or correct the name 

in the RGL's records before the paper instrument can be registered. 




12

4 Nationwide changes by a corporate body 

New applications (a) A corporate body with multiple registered land interests may apply to 

have a change or correction of its name recorded against all or any 

relevant computer registers in a single electronic application. 

(b) 

The previous paper-based process described below for large-scale 

changes or corrections of name should not be necessary, because s 19 

of the Land Transfer (Computer Registers and Electronic Lodgement) 

Amendment Act 2002 (CRELA) means it is no longer necessary to 

record the change or correction of name on paper copies of 

certificates of title, mortgages, or other documents. 

Previous 

paper-based 

process 

(a) 

Before s 19 of CRELA came into effect a paper-based process allowed 

a major company or corporate body with many registered interests 

throughout the country to arrange for large-scale changes or 

corrections of name to be recorded against paper certificates of title, 

mortgages and other documents progressively. This process typically 

involved a: 

(i) 

(ii) 

first application in form 24 for a specific registered interest, for 

example, a mortgage, and referring generally to the other 

mortgages similarly affected by the change or correction of 

name, and 

certificate of notation lodged with subsequent transactions 

referring to the first application and containing a request to have 

the change or correction of name recorded on other affected 

mortgages. 

(b) 

Where a 'first application' has already been registered using the 

paper-based process, a certificate of notation may still be included 

with, or held on file as supporting evidence for, subsequent 

transactions dealing with the other affected interests. 

Certificate of 

notation 

An example of a suitable certificate of notation is contained in Appendix A. 




13

5 Making an application—caveator or claimant 

Caveat or notice 

of claim under 

the Property 

(Relationships) 

Act 1976 

If a caveator or claimant under the Property (Relationships) Act 1976 has 

changed their name, or their name is incorrectly stated in the RGL's 

records, the RGL will not record the change or correction under 

regulation 26. This is because a caveat or notice of claim is merely notice 

of an interest and the caveator or claimant is not a registered proprietor of 

an estate or interest in land. 

Evidence of 

change or 

incorrect name 

as supporting 

evidence 

In such a case, when the caveator or claimant consents to a dealing or 

withdraws a caveat or notice of claim, documentation described in part 1 of 

this guideline, Electronic application, under the headings Certificates, 

Statutory declaration, and Statutory declaration—corporate body may be: 

(a) 

appended to a paper instrument or consent, or 

(b) 

retained by a certifying practitioner with the caveator's or claimant's 

consent or authorisation for an electronic withdrawal. 




14

6 Māori land 

Māori land 

The RGL cannot take action under regulation 26 in respect of Māori freehold 

land. However, the RGL will take action on receipt of an order of the Māori 

Land Court under s 88(2) of the Te Ture Whenua Māori Act 1993. 




15

Appendix A: Certificate of notation 

APPLICATION 

[new company name] hereby applies to the Registrar-General of Land to be registered as 

proprietor as mortgagee under mortgage instrument [insert mortgage reference number] in 

accordance with the registered change of name application referred to below. 

Registry 

Application number 

DATED this day of 20 

EXECUTED by the said [new company name] 

in the presence of: 

(signature of authorised signatory/director) 

(witness signature) 

Witness name: 

Occupation: 

(signature of authorised signatory/director) 

Address: 




16

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