High Court Wellington
21, 22 October; 18 December 1987
McGechan J
21, 22 October; 18 December 1987
McGechan J
Property law — Land transfer land — Indefeasibility of title - "Wrongful" registration — Mortgage over Maori freehold land — Mortgage was registered without first being endorsed by Registrar of Maori Land Court pursuant to s 233 of the Maori Affairs Act — Mortgagee subsequently sought endorsement on its copy of the mortgage and production by the District Land Registrar of his copy of the mortgage for endorsement — Whether lack of endorsement affected validity of mortgage — Whether District Land Registrar was empowered to cancel registration of mortgage — Whether Registrar of Maori Land Court was empowered to endorse one copy of mortgage only — Whether District Land Registrar was empowered to produce his copy of mortgage for endorsement — Maori Affairs Act 1953, s 233 - Land Transfer Regulations 1966, regs 14 and 16 - Land Transfer Act 1952, ss 80 and 81.
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