Delegation and authorisation
The following applies to Real Property Act dealings, Water Access Licence dealings and the General Register.
Legal entities capable of dealing with land may, pursuant to relevant legislation, delegate a particular person or the incumbent of a particular position to execute dealings or other instruments on its behalf. The full name and capacity of the delegate must be stated on the instrument. The signature must be witnessed in the prescribed manner.
Where the signatory and/or capacity cannot be verified in the relevant legislation, a certified copy of the instrument of delegation must be produced. Where the signatory and/or capacity cannot be verified in the produced instrument of delegation, refer to Legal through the Senior Examining Officer. The certified copy of the instrument of delegation must be filmed with the instrument.
Note A statutory authority, major financial institution and co-operative housing society may delegate an 'authorised officer' to execute instruments, including Real Property Act dealings and Water Access Licence dealings, on its behalf, see s36(3) Real Property Act 1900. A certified copy of the instrument of delegation is not required.