ABSTRACT

The appropriate approach to the interpretation of Torrens registered documents has been a heated issue in New Zealand. However, the recent decision of the Supreme Court in Green Growth No 2 Ltd v Queen Elizabeth the Second National Trust [2018] NZSC 75, [2019] 1 NZLR 161 provides some much-needed clarity. This chapter considers the decision and notes that a range of questions need to be settled before a clear and principled approach to the interpretation of registered documents is fully developed. It argues that the fundamental principles of the Torrens system ought to guide this development and that a bright line rule on the admission of extrinsic evidence, applying from the moment of registration, is demanded by the Torrens system.