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Land Transfer Act 2017

Miscellaneous applications and other matters - Title to access strips

186: Notice of application

You could also call this:

"What happens when someone wants to change an access strip and how you can have a say"

Illustration for Land Transfer Act 2017

You need to know what happens when someone applies to do something with an access strip. If the application is okay, the Registrar gives public notice of the application. The Registrar also gives notice to the owner of the access strip and other people who should know. You will get notice if you own the access strip or if you are a territorial authority or statutory body that would have jurisdiction over it. The Registrar can also give notice to other people they think should know. The notice says when you can lodge a caveat to stop the application from going ahead. The notice must have certain information and a date by which you can lodge a caveat under section 187. The Registrar can extend the time for lodging a caveat before they make a decision on the application.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731380.

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Topics:
Housing and property > Land useGovernment and voting > Local councils
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185: Application by adjoining owners for title to access strip, or

"Neighbours can apply for ownership of a shared access path"

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187: Caveats against application, or

"How to stop someone's application for an access strip by lodging a caveat"

Part 4Miscellaneous applications and other matters
Title to access strips

186Notice of application

  1. If the Registrar is satisfied that the application complies with section 185, the Registrar must—

  2. give public notice of the application; and
    1. give notice of the application to every person who,—
      1. if the access strip is subject to this Act, appears from the register to be the owner of a freehold estate in the access strip; or
        1. if the access strip is not subject to this Act, appears to the Registrar to be the owner of a freehold estate in the access strip; and
        2. give notice of the application to the territorial authority and any statutory body that would, if the access strip were a road or a service lane or an access way, have jurisdiction over it; and
          1. give notice of the application to every other person as the Registrar thinks fit.

            1. The notice must—

            2. specify a date within the prescribed period by which a person may lodge a caveat under section 187 to prevent the application proceeding; and
              1. contain the prescribed information.

                1. The Registrar may, before granting the application, extend the period within which a caveat may be lodged under section 187.

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