ABSTRACT
After reviewing the performance of Landonline since it was introduced in 2002, this chapter argues the system remains vulnerable to abuse and misuse, primarily though incompetently or fraudulently given practitioner certifications provided to the registrar. The author holds that that if a system can be abused, it will be and it is only a matter of time.
First, a thumbnail sketch is given of the way the Landonline system operates, focusing on the pivotal role taken by practitioner certifications. This is compared with the role played by practitioner certifications under the old, now repealed Land Transfer Act 1952 (NZ). Instances of the few known abuse of Landonline are then discussed and placed in context. Against this, the Registrar General of Land’s recent publication of a Standard providing a ‘safe harbour’ for practitioners where they meet minimum standards certifying proof of identity and ownership is discussed and welcomed.
In closing, seven suggestions are made for improvement of the Landonline system which, if adopted, will hopefully make the New Zealand system more robust and less susceptible to abuse or misuse.
Thomas, Rod, Automation of the New Zealand Torrens Register: Practitioner Abuse, Risk and Liability (February 1, 2019).
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