New Zealand Acts

LAND TRANSFER ACT 2017 - SECT 177

177 Procedure 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—

a) commence a proceeding in the court to determine the entitlement of the applicant to have the land brought under this Act; and

b) give notice to the Registrar that the proceeding has been commenced.

3 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.

4 In a proceeding under this section, the court may—

a) order that—

i) the applicant is entitled to have the land brought under this Act; and

ii) the caveat lapses; or

b) order that the applicant is not entitled to have the land brought under this Act; or

c) make any other order the court thinks fit.

5 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.

6 The following documents must be served on the Registrar:

a) a sealed copy of every order or decision of the court under this section:

b) a copy of a notice of appeal against an order or a decision of the court under this section:

c) a sealed copy of every order or decision of a court on appeal under this section.

Note: 1952 No 52 s 144