Radiocommunications Act 1989

Acquisitions by operation of law, caveats - Caveats

93: Procedure for removal of caveat

You could also call this:

"How to remove a caveat from a licence or management right"

Illustration for Radiocommunications Act 1989

You can ask the High Court to remove a caveat from a management right or spectrum licence. You can do this if you are a manager or rightholder, or if you have a registered interest in the management right or spectrum licence. The court will make a decision after you have served notice of your application to the person who lodged the caveat. You need to prove that you have served notice to the caveator or the person on whose behalf the caveat was lodged. The court can then make an order to remove the caveat, and it can do this with or without a full court hearing. The court will make a decision based on what it thinks is best.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM197164.

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Part 10Acquisitions by operation of law, caveats
Caveats

93Procedure for removal of caveat

  1. Any manager or rightholder against whose management rights or spectrum licence a caveat has been lodged, or any other person having any registered interest in any management rights or spectrum licence against which a caveat has been lodged, may apply to the High Court for an order that the caveat be removed.

  2. The court, upon proof that notice of the application has been served on the caveator or the person on whose behalf the caveat has been lodged, may make such order, either ex parte or otherwise, as the court thinks fit.

Notes
  • Section 93(1): amended, on , by section 54 of the Radiocommunications Amendment Act 2000 (2000 No 8).