Abstract
The Registrar will ensure that the instrument fits for registration under the National Land Code 1965 (NLC). This duty is in sync with the statutory duty of the Registrar to provide an accurate Land Database. The Registrar also has a responsibility to facilitate registration. Nonetheless, vast discretionary power accorded to the Registrar makes them an authority to be dependent upon by others, for example, enforcement agencies in the event of crimes involving land. This paper aims to examine the extent of the Registrar’s discretion in dealing with applications, not within the purview of the NLC, made by the other government agency. Clear guidelines on this issue may facilitate effective cooperation between agencies and simultaneously does not prejudice a bona fide purchaser for value who might become the victim of non-endorsement of the notice of seizure by the Registrar from other legislation. This paper utilises the doctrinal legal research and secondary data, with the NLC and AML/CFT legislation as the primary source. Secondary sources include decided cases, articles in academic journals, books, and online databases.
Highlights
The Registrar ensures that the instrument is fit for registration under the National LandCode 1965 (NLC) (Teo, 2012; Sihombing, 2019)
In 2018, the Office of the Registrar-General of Land under the Land Information of New Zealand (LINZ), the administrative body that governs the registration of land transactions, provides a clear guideline as to the duty of the Registrar
The primary statutory duty of the Registrar is to determine the fitness of registration and enter a Registrar Caveat if any of the reasons specified under Section 320 of the National Land Code 1965 (NLC) is proven and he has a discretionary power to withdraw the Registrar Caveat on his own motion
Summary
The Registrar ensures that the instrument is fit for registration under the National LandCode 1965 (NLC) (Teo, 2012; Sihombing, 2019). In Island & Peninsular Development Berhad & Anor v Legal Advisor, Kedah [1973] 2 MLJ 71, the court decided that only clerical errors committed by the Land Registry can be rectified under Section 380 of the NLC. Section 321(3) of the NLC allows the Registrar to withdraw the Registrar Caveat on his own motion
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