Credit Contracts and Consumer Finance Act 2003

Consumer leases, credit-related insurance, and buy-back transactions of land - Buy-back transactions of land

75: Land cannot be dealt with without leave of court if initial disclosure not made or no independent legal advice given

You could also call this:

"You need a court's permission to deal with land if rules were broken when buying it back."

Illustration for Credit Contracts and Consumer Finance Act 2003

If you are buying back land, you need to follow some rules. You must not sell the land to someone else or do anything with it without the High Court's permission if you know someone did not follow the rules in section 72 or section 73. The High Court will only give you permission if they think the person who originally owned the land was not badly affected by the rules not being followed. You can still get permission from the High Court to deal with the land, but they might add some conditions. This rule does not change the rights of people who get their interest in the land from you, as stated in sections 24, 44, 51, and 52 of the Land Transfer Act 2017. The High Court has the power to decide what conditions to add when giving you permission to deal with the land.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM213148.

This page was last updated on 1 January 2026 — View changes

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Housing and property > Buying and selling homesHousing and property > Land useCrime and justice > Courts and legal help

74: Buy-back transactions involving buy-back promoter, or

"Rules for when someone helps you sell land back to a buyer"

76: Interest of occupier is caveatable interest, or

"If you're living on land you're buying, you have rights to protect your interest in it."

Part 3Consumer leases, credit-related insurance, and buy-back transactions of land
Buy-back transactions of land

75Land cannot be dealt with without leave of court if initial disclosure not made or no independent legal advice given

This section applies if the transferee knows, or has reason to believe, that any provision of section 72 or section 73 has not been complied with by any person in connection with the buy-back transaction.
The transferee must not transfer the estate in the land to a person other than the occupier or otherwise deal with the land without obtaining the leave of the High Court.
The High Court may grant leave only if it is satisfied that the non-compliance has not materially prejudiced the interests of the occupier.
The High Court may grant leave subject to any terms and conditions that the court thinks fit.
Subsection (2) does not affect the rights under sections 24, 44, 51, and 52 of the Land Transfer Act 2017 of a person who derives an estate or interest in the land from the transferee.

Notes

Section 75(5): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).