Request for Regulatory Escalation – Mortgage Registration over Gifted Defence Land

UNCLASSIFIED

InLandsAirWater Counsel – Trust Office

Email: [email protected]

PO Box 237, Gore – Southland

Date:4th August 2025 21:31

Document Ref: ILAW-BNK-RBNZ-002

To:

Olivia Communications

Reserve Bank of New Zealand – Te Pūtea Matua

Email: [email protected]

Subject: Request for Regulatory Escalation – Mortgage Registration over Gifted Defence Land (6 Taumaihi Street, Bulls)

Kia ora Olivia,

Thank you for your response and for acknowledging that this matter is not a routine complaint.

However, your reply appears to treat this as a customer dispute rather than recognising the prudential and fiduciary oversight implications that directly fall under the Reserve Bank’s statutory responsibilities. This issue concerns ANZ Bank’s registration and potential securitisation of a mortgage over land that was gifted by a landholder from a Tangatawhenua whānau to the Crown for defence purposes, with no record of lawful return, release, or alienation. Any securitisation or enforcement over such land, in the absence of confirmed reversion to the original giftor or their Trust, constitutes unlawful conversion of whenua and a potential breach of fiduciary, prudential, and public trust duties.

Key Points of Concern:
1. Prudential Oversight:
Section 68 of the Reserve Bank of New Zealand Act 1989 obliges the Reserve Bank to act when conduct or events pose a risk to the soundness of the financial system. If ANZ has securitised or leveraged a mortgage over land that was gifted for defence purposes and not lawfully alienated, this misrepresentation directly affects the integrity of mortgage-backed assets.

2. Cross-Agency Risk:
The situation involves potential failures across LINZ, REA, MOD, and ANZ Bank, making it a matter for regulatory coordination, not merely referral to the Māori Land Court. The Māori Land Court cannot investigate securitisation, bank compliance, or the Reserve Bank’s prudential mandates.

3. Public Confidence and Systemic Risk:
Allowing banks to register or enforce mortgages over land without verified title histories undermines public trust and creates exposure to international claims if securitised portfolios are found to contain unlawful instruments.

Request for Action:
We respectfully request that the Reserve Bank:
• Escalate this matter to your Banking Supervision – Legal or Enforcement Division for internal review;
• Confirm whether ANZ has provided prudential disclosures or risk classifications related to Record of Title 555846 (6 Taumaihi Street, Bulls);
• Advise what title verification obligations the Reserve Bank enforces to prevent securitisation of land with unresolved Crown or defence ownership.

Next Steps:
We request written confirmation within 10 working days that the Reserve Bank will:
• Conduct at least a preliminary prudential review; or
• Clearly identify the statutory pathway for escalation if the Reserve Bank asserts it lacks authority.

Please note, this notice is not a request for mediation or personal complaint resolution—it is a systemic oversight alert from a private trust entity, with all rights reserved under fiduciary, treaty-based, and international oversight frameworks (including UNDRIP).

Totally in good faith,

By: Anne Kifo
For: InLandsAirWater Counsel – Trust Office
Email: [email protected]
PO Box 237, Gore – Southland
All rights reserved.

 

 

 

On Aug 4, 2025 at 10:52 AM, <RBNZ Info> wrote:

UNCLASSIFIED

Kia ora,

 

Thank you for reaching out.

 

We acknowledge the matters outlined and your assertion that this is not a routine customer complaint. However, we must reiterate that the Reserve Bank of New Zealand does not have a mandate to investigate individual complaints or disputes involving property title, mortgage enforcement, or land classification. Our supervisory role is limited to prudential regulation of registered banks, and we are not authorised to adjudicate on matters of land ownership, Crown land interests, or the legal registration of mortgages.

 

Given the nature of the concerns, we recommend you refer this matter to the Māori Land Court, which is the appropriate authority for determining issues relating to Māori land status, and ownership. You can contact them here: Contact us | Māori Land Court

 

While we are unable to intervene in individual cases, we acknowledge the importance of fair and secure access to financial services for Māori. The Reserve Bank is actively working to improve Māori access to capital and address barriers within the financial system through our Te Ōhanga Māori work programme. You can find out more here: Improving Māori Access to Capital – Reserve Bank of New Zealand – Te Pūtea Matua

 

We regret that we cannot assist further in this matter.

 

Ngā mihi,

 

Olivia

Communications

 

(Mon to Fri, 9am to 5pm)

Reserve Bank of New Zealand – Te Pūtea Matua 2 The Terrace, Wellington 6011 PO Box 2498, Wellington 6140