165Protection of Recorder

165 Protection of Recorder

(1)  The Recorder, in registering a dealing or in bringing land under this Act –

(a) need not make any inquiry not required of;

(b) is not bound by any notice that would not bind; and

(c) [Section 165 Subsection (1) amended by No. 23 of 2021, s. 138, Applied:01 Jan 2022] has the same protection as if the Recorder were –

a purchaser as defined in the Conveyancing and Law of Property Act 1884 .

(2)  [Section 165 Subsection (2) amended by No. 23 of 2021, s. 138, Applied:01 Jan 2022] [Section 165 Subsection (2) amended by No. 23 of 2021, s. 138, Applied:01 Jan 2022] [Section 165 Subsection (2) amended by No. 23 of 2021, s. 138, Applied:01 Jan 2022] Where a person registered as the personal representative of a deceased proprietor deals with land, or an estate or interest in land, which has devolved upon the person under the Administration and Probate Act 1935 by way of –

(a) assent;

(b) mortgage;

(c) lease; or

(d) transfer for value to a purchaser who does not appear on the face of the transfer to be a personal representative, or trustee of the will, of the deceased proprietor, or the spouse or child of a personal representative, or trustee of the will, of a deceased proprietor –

the Recorder shall not be concerned to consider, or to call for any information concerning, the reason why the assent, mortgage, lease, or transfer is made, or the terms of the will, and, whether the Recorder has notice or not of its contents, the Recorder is entitled to assume that the personal representative is acting correctly and within the personal representative’s powers.

(3)  [Section 165 Subsection (3) amended by No. 23 of 2021, s. 138, Applied:01 Jan 2022] The Recorder is not individually, nor is any person acting under the Recorder’s authority, liable to any action or proceeding for or in respect of any act or matter in good faith done, or omitted to be done, in the exercise or supposed exercise of the powers of this Act.