Plain language law

New Zealand law explained for everyone

Land Transfer Act 2017

Miscellaneous applications and other matters - Applications to bring land under Act

177: Procedure where caveat lodged under section 174(1)(a)

You could also call this:

"What happens when you lodge a caveat to stop land being brought under the Act"

Illustration for Land Transfer Act 2017

If you lodge a caveat under section 174(1)(a), you must start a court case. You do this to decide if the person who applied to bring the land under this Act is entitled to do so. You must also tell the Registrar that you have started the court case. You have 60 working days to start the court case and tell the Registrar. If you do not do this, the caveat will lapse. The court can make orders about the caveat and the land. The Registrar must follow the court's orders. You must give the Registrar certain documents, such as copies of court orders and notices of appeal. The Registrar will use these documents to make sure the court's orders are followed.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731369.

This page was last updated on — View changes

Topics:
Housing and property > Land useCrime and justice > Courts and legal help
Previous

176: Notice of caveat, or

"Someone might have a claim on the land you want, and you need to know about it."

Next

178: Procedure where caveat lodged under section 174(1)(b), or

"What happens when someone objects to your land ownership claim"

Part 4Miscellaneous applications and other matters
Applications to bring land under Act

177Procedure where caveat lodged under section 174(1)(a)

  1. This section applies if a caveat is lodged under section 174(1)(a).

  2. The caveator must—

  3. commence a proceeding in the court to determine the entitlement of the applicant to have the land brought under this Act; and
    1. give notice to the Registrar that the proceeding has been commenced.

      1. The proceeding must be commenced and the notice must be given within 60 working days after the date on which the caveat is lodged. Otherwise, the caveat lapses.

      2. In a proceeding under this section, the court may—

      3. order that—
        1. the applicant is entitled to have the land brought under this Act; and
          1. the caveat lapses; or
          2. order that the applicant is not entitled to have the land brought under this Act; or
            1. make any other order the court thinks fit.

              1. The Registrar must give effect to any order of the court in a proceeding under this section or, if there is an appeal against the decision of the court, to the decision of the court on the appeal.

              2. The following documents must be served on the Registrar:

              3. a sealed copy of every order or decision of the court under this section:
                1. a copy of a notice of appeal against an order or a decision of the court under this section:
                  1. a sealed copy of every order or decision of a court on appeal under this section.

                    Compare