The Land Transfer Act 2017, regulations, and other legislation allow caveats and other stops to be entered in the register to prevent or restrict dealings in certain circumstances.
This guideline explains the statutory requirements and procedures governing the following forms of stop notice:
- notices of claim under the Property (Relationships) Act 1976
- statutory land charges
- charging orders
- other stops (such as freezing orders).
On 20 September 2021 changes were made to this guideline, particularly the commentary in section 1.4.4. These changes better reflect the existing processes around:
- making an application to lapse
- the Registrar-General of Land’s (RGL) notice to the caveator of an application to lapse
- the caveator’s notice to the RGL (including updating our office addresses, for giving notice, in section 126.96.36.199).
This confirms that we use NZ Post’s CourierPost service to give notice to the caveator of an application to lapse at the address for service provided by the caveator. This is not delivery by post for the purposes of section 233 of the Land Transfer Act 2017 (see section 2(2A) of the Postal Services Act 1988), but physical delivery on behalf of Toitū Te Whenua using NZ Post’s CourierPost service.
Notice is given on the date that NZ Post’s CourierPost tracking records confirm delivery took place, and is the date used to calculate the timeframes under s143(3) of the Land Transfer Act.