This page provides information and links to online resources for the lodgement of caveats against dealings
A caveat under s 138 Land Transfer Act 2017 (LTA) is a caveat against dealings. It is a notice or warning that the caveator has a claim or interest in the land.
The key LINZ resource for Caveats is the Caveats and Other Stops on Registration Guideline 2018 – LINZG20773. You can obtain a copy on the Standards, Guidelines and Forms page.
Preparing a caveat for registration in Landonline
The instrument code for a caveat is “X”.
For step by step instructions to prepare a caveat instrument in your Landonline workspace see:
- paragraph 5.3.8 of the Landonline e-dealing User Guide
- section 2.4 of the Quick Reference Cards
- the caveat checklist (PDF 126KB) for caveats prepared as an e-dealing
The interest claimed
LINZ carefully assesses the interest claimed in order to ensure the caveat meets the requirements of s 138 (1) LTA. This article explains the RGL’s role to assess a caveat in more detail.
The caveat must:
- name the caveator,
- describe the land affected
- show how the caveator is interested in the land
- show how the interest claimed is derived from the registered owner,
- include an address for service for the caveator,
- and meet the other requirements of s 138 LTA.
Authority to submit a caveat
This article discusses the requirements for retention of evidence for caveats (and withdrawals of caveats) lodged by e-dealing.
Caveator’s address for service
The caveator must initially provide an address for service (to serve subsequent notices on the caveator) (regulation 5(2)(k)(ii) Land Transfer Regulations 2018).
This is done when the caveat is created in Landonline.
In the ‘Name’ field enter the name of the caveator.
In the ‘Care of’ field enter the name of the firm (or person) who represents the caveator. Enter the address details for the caveator or the caveator’s representative (as appropriate).
If the caveator’s address for service changes, the onus is on the caveator to give notice of that change to the Registrar-General of Land (regulation 31 Land Transfer Regulations 2018).
Notice (of the caveator’s new address for service) should not be lodged for registration. It should be submitted to LINZ as a Request from your Landonline Workspace.
The Registrar-General of Land may enter caveats in limited circumstances (section 149 Land Transfer Act 2017). This article describes how you can complete an e-dealing that is affected by a Registrar’s caveat.