Land Transfer Act 2017

Miscellaneous applications and other matters - Title to access strips

190: Procedure where caveat lodged

You could also call this:

"What happens when someone puts a caveat on a piece of land"

When you lodge a caveat on an access strip, the Registrar looks at it. If you own the access strip and have lodged a caveat, the Registrar will not approve an application that affects your estate. This rule applies whether the access strip is subject to the Land Transfer Act or not. If a territorial authority or statutory body lodges a caveat, the Registrar will not approve an application for the part of the access strip that is a road or access way they are in charge of. The Registrar makes this decision based on the information provided. You can find more information about how caveats are noted under section 187. If an application is refused, even partially, the caveat will stay noted. This means the caveat remains in place until further action is taken. The Registrar's decision is based on the rules outlined in the Land Transfer Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731384.

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

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189: Removal of caveat, or

"Asking the court to remove a caveat from a property"

191: Owner of access strip who is not adjoining owner, or

"What happens to an access strip if the owner can't be found or gives up ownership"

Part 4Miscellaneous applications and other matters
Title to access strips

190Procedure where caveat lodged

In the case of an access strip that is subject to this Act, if the Registrar is satisfied that a caveat is lodged by a person who is registered as the owner of a freehold estate in the access strip, the Registrar must refuse the application to the extent that it relates to an estate protected by the caveat.
In the case of an access strip that is not subject to this Act, if the Registrar is satisfied that a caveat is lodged by a person who is the owner of a freehold estate in the access strip, the Registrar must refuse the application to the extent that it relates to an estate protected by the caveat.
In the case of any access strip, if the Registrar is satisfied that a caveat is lodged by a territorial authority or statutory body, the Registrar must refuse the application to the extent that the whole or part of the access strip is a road, service lane, or access way that the territorial authority or statutory body has jurisdiction over.
A caveat must remain noted under section 187 if an application is fully or partially refused.