The New Zealand 'Adverse' Occupation Regime, Torrens Principles and the Issue of Due Process

Abstract

The New Zealand adverse occupation regime, which was the subject of the 1963 Land Transfer Amendments Act, is argued to insufficiently protect the interests of the Torrens registered proprietor, and to be in need of legislative reform. Indeed, the description of the squatter’s occupation as being “adverse” to the registered proprietor’s title is itself misleading, given this does not properly reflect the nature of possession required for a claim to succeed at law. The issue has currency given the New Zealand Law Commission recommended the regime in the 1963 Act be incorporated, without significant change, into a new Land Transfer Act, which has been now legislated as the Land Transfer Act 2010. The article concludes with recommendations for legislative reform