17Registrar-General may correct land register

17 Registrar-General may correct land register (1) The Registrar-General may correct or amend the land register if satisfied: (a) that: (i) the land register is incorrect; or (ii) land has been alienated under legislation providing for leasehold or freehold title, whether before 1 January 1887 or not, but the particulars do not form part of the land register; and (b) that the correction or amendment will not prejudice the rights of a holder of an interest recorded in the land register. (2) The Registrar-General's power to correct the land register includes the power to correct a particular in the land register or an instrument forming part of the land register. (3) If the land register is corrected, the Registrar-General must record in the land register: (a) the state of the land register before the correction; and (b) the time, date and circumstances of the correction. (4) The land register corrected by the Registrar-General has the same effect as if the relevant error had not been made. (5) For subsection (1)(b), the rights of the holder of an interest recorded in the land register are not prejudiced if the holder acquired or has dealt with the interest with actual or constructive knowledge that the land register was incorrect and how it was incorrect. (6) The Registrar-General may before taking any action under this section give notice of the proposed action to any person that the Registrar-General considers should be notified of it. (7) If the Registrar-General gives notice under this section, the Registrar-General: (a) may refuse to take the action until the period specified in the notice expires; and (b) may proceed to take the action at or after the period expires unless the Registrar-General is served with, or with written notice of, an order of the Supreme Court restraining the

Land Title Act 2000 16 Registrar-General from so doing. (8) If a person given notice under this section does not within the time limited by the notice serve on the Registrar-General or give the Registrar-General written notice of an order of the Supreme Court restraining the Registrar-General from taking the action, no action by that person or by any person claiming through or under that person may be instituted against the Registrar-General in respect of the taking of the action specified in the notice. (9) No action may be instituted against the Registrar-General for failure to give a notice under this section.