Section 149 of the Land Transfer Act 2017 (LTA) empowers the Registrar-General of Land (RGL) to enter caveats in certain circumstances, for example, to prevent fraud or improper dealing.
An RGL caveat will act as a stop against registration. Not all dealings will be prevented - for example a discharge of mortgage or surrender of easement will usually be able to be registered despite the presence of an RGL caveat. The RGL must be satisfied that registration of the dealing will not prejudice the person in whose favour the caveat has been lodged.
E-dealings can be lodged against titles that are subject to an RGL caveat. You will be warned of the presence of an RGL caveat when you pre-validate the e-dealing and when you submit it.
Those dealings will step down to ‘Lodge’ for closer review by LINZ staff.
If the caveat prevents registration the dealing will be rejected. If the caveat does not prevent registration LINZ will register the e-dealing and maintain the caveat against the title.
If the caveat no longer serves a purpose and can be withdrawn, LINZ will arrange that. RGL caveats can only be prepared, entered and withdrawn by the RGL. Sections 138-148 of the LTA (which includes the lapsing process under s143) do not apply to RGL caveats.
It is not possible for the RGL to ‘consent’ to a dealing as caveator - there are no provisions in the Land Transfer Act 2017 enabling that.
Need to know more?
If you have any questions about an RGL caveat affecting a title, you should submit your questions as a Request from your Landonline Workspace.