78Registration of agreements, &c.

### 78 Registration of agreements, &c. > > (1)  [*\[Section 78 Subsection (1) amended by No. 87 of 1997, Sched. 3, Applied:15 Jan 1998\]*](/view/html/inforce/1998-01-15/act-1997-087#JS3@Ja3@GC1@EN) A planning authority may lodge with the Recorder an executed copy of an agreement, together with particulars of title to the land to which the agreement relates and must do so if it has made the agreement with an owner of land in respect of which a determination under [section 4(1)(c) of the](/view/html/inforce/2026-04-12/act-1997-087#) [Crown Lands (Shack Sites) Act 1997](/view/html/inforce/2026-04-12/act-1997-087) has been made. > > > (2)  Where an agreement is registered, the planning authority must, as soon as practicable, lodge with the Recorder notification, in a form approved by the Recorder, of the amendment or ending of the agreement, together with particulars of title to any land to which the agreement relates. > > > (3)  Subject to the provisions of the [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) , the Recorder must register – > > > > > > (a) each agreement; and > > > > > > > (b) each notification of the amendment or ending of the agreement – > > > > lodged pursuant to [subsection (1)](#GS78@Gs1@EN) or [(2)](#GS78@Gs2@EN) on the folio of the Register, within the meaning of that Act, constituting the title to any land to which the agreement relates. > > > (4)  If the whole or any part of the land referred to in [subsection (3)](#GS78@Gs3@EN) is not under the [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) , the relevant agreement may be dealt with by the Recorder in the same manner as if it were a conveyance on sale within the meaning of [section 28 (1) (a) of that Act](/view/html/inforce/2026-04-12/act-1980-019#GS28@Gs1@Hpa@EN) . > > > (5)  The Recorder may require the planning authority to deposit with the Recorder – > > > > > > (a) a plan of any land; or > > > > > > > (b) a plan of a part of any land – > > > > to which an agreement relates. > > > (6)  For the purpose of [subsection (5)](#GS78@Gs5@EN) , the Recorder may require a plan to be made from actual survey and certified correct by a surveyor who is registered under the [Land Surveyors Act 1909](/view/html/inforce/2026-04-12/act-1909-045) .