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

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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. continued on next page 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 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. continued on next page 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 7
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