A Property Transfer Affidavit is a mandatory legal document in New Zealand's property transfer system, required whenever real property ownership is being transferred. This document is essential for compliance with the Land Transfer Act 2017 and related regulations, serving as a formal sworn statement that verifies crucial aspects of the property transfer. It must be used when registering property transfers with Land Information New Zealand (LINZ) and includes declarations about ownership, tax compliance, anti-money laundering requirements, and other statutory obligations. The affidavit helps prevent fraudulent transfers and ensures transparency in property transactions, making it a fundamental component of New Zealand's property transfer system. It must be sworn or affirmed before an authorized witness and contains specific declarations tailored to the nature of the transfer and the parties involved.
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1. Deponent Details: Full legal name, occupation, and address of the person making the affidavit
2. Property Details: Complete legal description of the property including title reference, street address, and land registration details
3. Transfer Details: Information about the transfer including parties involved, nature of the transfer, and consideration
4. Ownership Declaration: Declaration regarding current ownership status and right to transfer the property
5. Compliance Statements: Standard declarations regarding legal compliance, including tax obligations and anti-money laundering requirements
6. Verification: Formal statement verifying the truth of the contents and understanding of obligations
7. Execution Block: Space for signature, date, and witness details including Justice of the Peace or solicitor certification
1. Relationship Declaration: Required when transfer is between related parties to declare nature of relationship and fair market value considerations
2. Residency Status: Required for non-New Zealand citizens or residents, addressing Overseas Investment Act requirements
3. Trust Declaration: Required when property is held or being transferred to/from a trust structure
4. Mortgage Declaration: Required when property is subject to existing mortgages or security interests
5. GST Status: Required when either party is GST registered or the transaction has GST implications
6. Bright-line Test Declaration: Required for residential property transfers to address tax implications under the bright-line test
1. Property Title: Copy of the current title for the property
2. Identity Verification: Certified copies of identification documents for the deponent
3. Supporting Documents: Any relevant documents supporting the transfer (e.g., sale and purchase agreement, trust deed)
4. Tax Statements: Required tax forms and declarations
5. Authority Documents: Any powers of attorney or corporate authorizations if applicable
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