Plain language law

New Zealand law explained for everyone

Land Transfer Act 2017

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

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

You could also call this:

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

Illustration for Land Transfer Act 2017

If you lodge a caveat under section 174(1)(b), this section applies to you. You must give notice to the Registrar and serve notice on the caveator within 20 working days after receiving a notice under section 176. You must state whether you agree to the land being brought under this Act subject to the estate or interest of the caveator. If you agree, the caveat lapses and the Registrar must register you as the owner subject to the estate or interest of the caveator. If you do not agree, the caveator must start a court proceeding to determine your entitlement to have the land brought under this Act. The caveator must give notice to the Registrar that the proceeding has been started. In the court proceeding, the court can make orders about the land and the caveat. The Registrar must follow any order of the court. You must serve certain documents on the Registrar, including copies of court orders and notices of appeal. This section is subject to section 179. The court's decision is final, and the Registrar must give effect to it. You must follow the rules and procedures outlined in this section.

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 It might be out of date or be missing some parts.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=DLM6731370.

This page was last updated on — View changes

Topics:
Housing and property > Land useHousing and property > Buying and selling homes
Previous

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

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

Next

179: Registrar may require instrument creating or recording estate or interest of caveator, or

"The Registrar can ask for a document to prove your ownership or interest in a property."

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

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

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

  2. The applicant must, within 20 working days after receiving a notice under section 176, give notice to the Registrar and serve notice on the caveator stating whether or not the applicant agrees to the land being brought under this Act subject to the estate or interest of the caveator. If notice is not given and served, the Registrar must refuse the application.

  3. If the applicant gives and serves a notice stating that the applicant agrees to the land being brought under this Act subject to the estate or interest of the caveator,—

  4. the caveat lapses; and
    1. the Registrar must register the applicant as the owner of the estate to which the application relates subject to the estate or interest of the caveator.

      1. If the applicant gives and serves a notice stating that the applicant does not agree to the land being brought under this Act subject to the estate or interest of the caveator, the caveator must—

      2. commence a proceeding in the court to determine the entitlement of the applicant to have the land brought under this Act free from the estate or interest of the caveator; and
        1. give notice to the Registrar that the proceeding has been commenced.

          1. If subsection (4) applies, the proceeding must be commenced and the notice must be given within 60 working days after the date on which the applicant's notice is served on the caveator. 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 free from any estate or interest of the caveator; and
              1. the caveat lapses; or
              2. order that the applicant is entitled to have the land brought under this Act subject to the estate or interest of the caveator; 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.

                        1. This section is subject to section 179.

                        Compare