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Land Transfer Act 2017

Dealings in estates and interests in land - Caveats

143: Lapse of caveat against dealings

You could also call this:

"Removing a caveat that stops land dealings"

Illustration for Land Transfer Act 2017

You can apply to the Registrar to remove a caveat that stops dealings with land if you want to register something that affects the land. You can do this if you are the person who wants to register the instrument or if you are the owner of the land. The Registrar will tell the person who put the caveat in place that you have made this application. If the person who put the caveat in place wants to stop it being removed, they must apply to the court within 10 working days. They must then get a court order within 20 working days to stop the caveat being removed. The court can make different types of orders, such as stopping the caveat being removed or delaying the decision. The caveat will be removed if the court decides to do so before the end of the 20 working days. If the court delays the decision, the caveat will not be removed if the court later decides it should stay in place. You can withdraw your application to remove the caveat, but you might need the court's permission to do so.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731321.

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142: Removal of caveat against dealings, or

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Part 3Dealings in estates and interests in land
Caveats

143Lapse of caveat against dealings

  1. The following persons may apply to the Registrar for the lapse of a caveat against dealings affecting an estate or interest in land:

  2. a person who wishes to register an instrument affecting the estate or interest protected by the caveat; or
    1. the registered owner or a person acting for or on behalf of the registered owner of the estate or interest affected by the caveat.

      1. The Registrar must give notice of an application under subsection (1) to the caveator.

      2. A caveat to which an application relates lapses unless,—

      3. within 10 working days after the date on which the Registrar gives notice of an application under subsection (1) to the caveator, the caveator gives notice to the Registrar that an application has been made to the court for an order that the caveat not lapse; and
        1. within 20 working days after the date on which the caveator gives a notice to the Registrar under paragraph (a) (the relevant period), an order of the kind referred to in subsection (4) is served on the Registrar.

          1. The orders are—

          2. an order that the caveat not lapse:
            1. an interim order that the caveat not lapse:
              1. an order adjourning the application.

                1. The caveat lapses if the court makes an order to that effect before the close of the relevant period.

                2. If the court makes an order under subsection (4)(b) or (c), the caveat will not lapse if, after the close of the relevant period,—

                3. the court makes a final order that the caveat not lapse; and
                  1. the order is served on the Registrar.

                    1. If the court makes an order under subsection (4)(b) or (c), the caveat will lapse if, after the close of the relevant period,—

                    2. the court makes a final order that the caveat lapse; and
                      1. the order is served on the Registrar.

                        1. An application under subsection (1) for the lapse of a caveat may be withdrawn—

                        2. with the leave of the court only, if the caveator has applied to the court for an order that the caveat not lapse:
                          1. without the need for leave of the court if—
                            1. the Registrar has not yet given notice to the caveator under subsection (2); or
                              1. the Registrar has given notice to the caveator under subsection (2), but the caveator has not yet applied to the court for an order that the caveat not lapse.

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