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Land Title Act 2000
17Registrar-General may correct land register
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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.