Land Transfer Act 2017

Miscellaneous applications and other matters - Title to access strips

187: Caveats against application

You could also call this:

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

You can stop an application from being approved for all or part of the access strip by lodging a caveat. This can be done by you if you own the access strip and it is subject to the Land Transfer Act, or if you think you are entitled to own it and it is not subject to the Act. You can also do this if you are a territorial authority or statutory body that was given notice under section 186(1)(c). You must lodge the caveat within the time frame stated in the notice under section 186, or any extended time given by the Registrar. The caveat document must be signed by you or your agent and must contain the required information. The Registrar will then note the caveat on the record of title for the access strip, or on the relevant record under the Deeds Registration Act 1908 if the access strip is not subject to the Land Transfer Act. While the caveat is noted, it will stop the application from being approved, but it will not stop other dealings with the access strip. Other parts of the Act, such as sections 144, 146, and 148, also apply to caveats like this one.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731381.

This page was last updated on 24 December 2025 — View changes

Topics:

Housing and property > Land useGovernment and voting > Local councils

186: Notice of application, or

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

188: Notice of caveat, or

"Someone might have a problem with your application, so you get told if they do"

Part 4Miscellaneous applications and other matters
Title to access strips

187Caveats against application

The following persons may lodge a caveat preventing the application from being granted as to the whole or part of the freehold estate in the access strip:
if the access strip is subject to this Act, a person who is the registered owner of a freehold estate in the access strip:
if the access strip is not subject to this Act, a person who claims to be entitled to a freehold estate in the access strip:
any territorial authority or statutory body to which notice was given under section 186(1)(c).

A caveat must be lodged within the time specified in the notice under section 186 or any period extended by the Registrar.
A caveat document must be executed by the caveator or the caveator's agent.
A caveat document must contain the prescribed information.
The Registrar must note the caveat,—
if the access strip is subject to this Act, on the record of title for the access strip; or
if the access strip is not subject to this Act, on the relevant record for the access strip under the Deeds Registration Act 1908.

While it remains noted, a caveat prevents an application being granted, but does not prevent a dealing affecting the access strip.
Sections 144, 146, and 148 apply with necessary modifications to a caveat as if the caveat were a caveat against dealings.