The registrar's powers in the digital age

Abstract

The role and extent of the powers of the ‘Registrar’ under automated Torrens systems such as those in New Zealand, Australia and Canada is examined in this chapter. Judicial interpretations of these powers both prior to, and following, Frazer v Walkeris reviewed. This analysis demonstrates that notwithstanding the comment of the Privy Council in that case that the Registrar’s powers are ‘broad and extensive’, the feared erosion of indefeasibility through a more liberal exercise of those powers has not occurred. The significantly narrower powers to alter land titles and interests that were introduced in New Zealand under the LTA 2017 are examined in detail in this context. The chapter also explores the impacts of automation and digitalization of land registration and conveyancing processes on the appropriate role and extent of the Registrar’s powers. A further focus is the privatization, or part privatization, of land registration systems that has already occurred in some Canadian provinces and Australian states, and is being actively considered in a number of other jurisdictions. This raises important questions relating to security of title and integrity of the land registration system, including the continued need for, and shape of government oversight through a public office or agency such as the Registrar.