1 December 2014
If you or your client receives a notice of lapse of caveat or notice of claim in the lead-up to the 2014/15 Christmas-New Year holiday break, you will need to act quickly to avoid the caveat or notice of claim lapsing.
The Land Transfer Regulations 2002 prescribe a time period of 14 days to notify LINZ that you have applied for a Court order preventing a caveat or notice of claim lapsing; and a period of 28 days in which to serve such an order in LINZ. These time periods are prescribed in days, not working days – you cannot exclude the public holidays over the Christmas-New Year period when you calculate when a caveat or notice of claim will lapse.
However, as provided in section 35(6) of the Interpretation Act 1999, if the last day of either the 14-day or 28-day period falls on a day that is not a working day, the time period extends to the next working day.
Please note the Registrar-General of Land has no authority to alter the prescribed time periods or extend lapsing dates to account for LINZ offices or courts being closed on public holidays.
If you or your client receives a notice of lapse, you can avoid the caveat or notice of claim lapsing by giving the relevant notice to LINZ or serving a Court order on LINZ within the prescribed time periods. These can be submitted by emailing Customer Support or at the address or fax number specified in the notice of lapse.
Further information about lapsing of caveats and notices of claim can be found in the Guideline below.