Powers of attorney have not needed to be lodged and registered with LINZ for any e-dealing since the inception of e-dealing in 2003. However, there are still very high volumes of these being lodged with LINZ every month - powers of attorney are currently the 11^th highest instrument by volume.

Section 164D of the Land Transfer Act specifies that the requirements for execution do not apply if certification is given under s 164A(1). Section 151 provides that that "every power of attorney intended for use under this Act, shall be deposited...". Although it is not specifically mentioned in s164D, the fact that s164D(b) specifies execution of paper instruments generally is deemed to be enough to cover powers of attorney.

Recommendation
There is no need to lodge a power of attorney with LINZ for anything other than paper dealings. While LINZ will not reject the lodgement of a power of attorney (unless it is deficient), it incurs unnecessary expenditure on behalf of a client for an e-dealing.

The A & I form must have a certified copy of the power of attorney and original certificate of non-revocation attached, as would be required for any paper dealing. The A & I needs to be signed by the attorney, and it is the identity of the attorney that must be established.