Credit Contracts and Consumer Finance Act 2003

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

76: Interest of occupier is caveatable interest

You could also call this:

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

Illustration for Credit Contracts and Consumer Finance Act 2003

You are treated as having an interest in the land when you are an occupier under a buy-back transaction. This is for the purposes of section 138(1)(a) of the Land Transfer Act 2017. You can lodge a caveat against dealings in the land with the Registrar. If a buy-back transaction tries to stop you from doing this, that part of the transaction has no effect. You cannot be restricted from lodging a caveat against dealings in the land with the Registrar under the Land Transfer Act 2017.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM213149.

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

Topics:

Housing and property > Buying and selling homesHousing and property > Home safety and repairsMoney and consumer rights > Consumer protection

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

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

77: Variation disclosure of buy-back transactions, or

"Telling people about changes to land buy-back deals"

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

76Interest of occupier is caveatable interest

The occupier under a buy-back transaction is to be treated as being entitled to, or to be beneficially interested in, the land for the purposes of section 138(1)(a) of the Land Transfer Act 2017.
A term of a buy-back transaction is entirely of no effect if it—
prohibits the occupier from lodging with the Registrar (within the meaning of the Land Transfer Act 2017) a caveat against dealings in the land; or
otherwise restricts the ability of the occupier to lodge with the Registrar a caveat against dealings in the land.

Notes

Section 76(1): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
Section 76(2)(a): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).