New Zealand Acts

LAND TRANSFER ACT 2017 - SECT 178

178 Procedure 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,—

a) the caveat lapses; and

b) 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.

4 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—

a) 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

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

5 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.

6 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 free from any estate or interest of the caveator; and

ii) the caveat lapses; or

b) order that the applicant is entitled to have the land brought under this Act subject to the estate or interest of the caveator; or

c) make any other order the court thinks fit.

7 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.

8 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.

9 This section is subject to section 179 .

Note: 1952 No 52 ss 58, 59, 144