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Duncan terrace I'm the chair of the new zealand or society property law section executive certainly on the face of it one would think that it's illogical Clause to have that if there's a manifest injustice things can be remedied the problem with those particular clauses it's a new concept that actually allows the court to change ownership of land in New Zealand historically has always been the concept of what you've already referred to as under feasibility what that means is once you're registered on the title is the owner nothing can upset there that equally applies to mortgages so if you own it and the bank has a mortgage on it that's absolute if there was some form of injustice historically that could result in a claim being made against the state guarantee fund and there would be an entitlement ordinarily to compensation what this new provision in concept provides for is to allow for the court to essentially change the register as in it can take you off the register and as a consequence of that if there was a mortgage it would also result in removal of that mortgage now these would only occur in extreme situations but the concern is in that situation the bank loses its recourse to be able to call on the security into a sale and recoup its losses recoup the amount of borrowing so that in itself creates too much uncertainty and we believe that there are adequate protections already in place with the current compensation regime albeit with some modifications that we've also made on our submission it's a very good point and the manifest injustice provision in the draft bill has certain criteria for the court to take into consideration but the problem with that is it is always going to be a very subjective test depending on the particular circumstances and therein lies the uncertainty we just don't know so I'm not saying that the court would be would overly use that provision or use it lightly but the fact that it exists at all undermines the certainty of our torrent system and fundamental under feasibility it would certainly create challenges and and yet again more considerations to take into account the advice you can give a client and also the banks already impose our significant responsibilities back on the lawyers for any loss so there is also potential there for a greater liability and responsibility being imposed on lawyers by banks with the introduction of electronic registration that's been with us now for the best more than 15 years actually there was very extensive considerations given to fraud and how to prevent that or minimize that especially with the abolition of the duplicate paper title which most other jurisdictions still have as part of that there was a very strict regime of verification of identity established by the Registrar General of lands and that regime has been extremely robust we have only I believe had one incidents of fraud and that was actually over ten years ago so to impose another layer would be in my view another element of duplication and unnecessary additional costs for the consumer