LINZG20706

TERMS AND DEFINITIONS ................................................................................................... 5
FOREWORD ............................................................................................................................. 6
1 SCOPE .............................................................................................................................. 8
2 WHEN GUIDELINE APPLIES ....................................................................................... 8
3 CAVEATS: GENERAL INFORMATION ...................................................................... 9
3.1 Effect ................................................................................................................................. 9
3.2 Types ................................................................................................................................. 9
3.2.1 Land Transfer Act 1952 .......................................................................................... 9
3.2.2 Other legislation ...................................................................................................... 9
3.3 Lodging requirements ....................................................................................................... 9
3.4 Rejection and requisition ................................................................................................ 10
3.5 Registrar-General of Land not required to establish validity of caveator’s claim .......... 10
3.6 Restrictions on second caveats ....................................................................................... 10
3.7 Address for service ......................................................................................................... 10
3.7.1 Change of address for service ............................................................................... 11
3.8 Removal .......................................................................................................................... 11
3.9 Withdrawal of caveat ...................................................................................................... 11
3.9.1 Consent by caveator .............................................................................................. 11
3.9.2 Death of caveator ................................................................................................... 11
4 CAVEATS AGAINST DEALINGS WITH LAND ....................................................... 13
4.1 Who may lodge ............................................................................................................... 13
4.2 Who may not lodge ......................................................................................................... 13
4.3 Effect ............................................................................................................................... 13
4.4 Form and content ............................................................................................................ 14
4.5 Registrar-General of Land to give notice ....................................................................... 14
4.6 Lapse: sections 145 and 145A of the Land Transfer Act 1952 ...................................... 14
4.6.1 General .................................................................................................................. 14
4.6.2 Address for service of notice of lapse ................................................................... 15
4.6.3 When notices taken to be delivered ....................................................................... 15
4.6.4 Undeliverable notices ............................................................................................ 15
4.6.5 When a caveat is deemed to have lapsed .............................................................. 15
4.6.6 Registration of a dealing following lapse .............................................................. 16
4.7 Lapse: section 141(4) of the Land Transfer Act 1952 .................................................... 16
4.8 Court orders .................................................................................................................... 16
4.8.1 Notice of application ............................................................................................. 16
4.8.2 Effect ..................................................................................................................... 16

5 CAVEATS WHERE LAND IS BROUGHT UNDER THE LAND TRANSFER ACT
1952 ................................................................................................................................ 17
5.1 Introduction ..................................................................................................................... 17
5.2 Caveat against bringing land under the Land Transfer Act 1952: voluntary application 17
5.2.1 General .................................................................................................................. 17
5.2.2 Requirements ......................................................................................................... 17
5.2.3 Removal ................................................................................................................. 17
5.3 Caveat against bringing land under the Land Transfer Act 1952: compulsory application ....................................................................................................................... 18
5.3.1 General .................................................................................................................. 18
5.3.2 Requirements for caveats under section 205(1) of the Land Transfer Act 1952 .. 18
5.3.3 Requirements for caveats under section 205(4) of the Land Transfer Act 1952 .. 18
6 CAVEAT AGAINST APPLICATION FOR PRESCRIPTIVE TITLE ......................... 19
6.1 Introduction ..................................................................................................................... 19
6.2 Who may lodge ............................................................................................................... 19
6.3 Effect ............................................................................................................................... 19
7 CAVEATS BY THE REGISTRAR-GENERAL OF LAND ......................................... 20
8 NOTICE OF CLAIM UNDER SECTION 42 OF THE PROPERTY
(RELATIONSHIPS) ACT 1976 ..................................................................................... 21
8.1 Introduction ..................................................................................................................... 21
8.2 Requirements .................................................................................................................. 21
8.3 Effect ............................................................................................................................... 21
9 STATUTORY LAND CHARGES ................................................................................. 22
9.1 Introduction ..................................................................................................................... 22
9.2 Statutory land charges that operate as a stop notice ....................................................... 22
9.3 Statutory land charges: repealed legislation ................................................................... 22
1 0 CHARGING ORDERS ................................................................................................... 23
10.1 Types of charging order .................................................................................................. 23
10.2 Charging orders absolute under the District Courts Rules 1992 .................................... 23
10.2.1 Registration requirements ................................................................................. 23
10.2.2 Effect................................................................................................................. 23
10.2.3 Lapse ................................................................................................................. 24
10.2.4 Discharge and satisfaction ................................................................................ 24
10.3 Charging orders nisi under the District Courts Rules 1992 ........................................... 24
10.3.1 General .............................................................................................................. 24
10.3.2 Registration requirements ................................................................................. 24
10.3.3 Effect................................................................................................................. 25
10.3.4 Discharge and satisfaction ................................................................................ 25
10.4 Charging orders absolute under the High Court Rules ................................................... 25
10.4.1 Registration requirements ................................................................................. 25

10.4.2 Effect................................................................................................................. 25
10.4.3 Lapse ................................................................................................................. 25
10.4.4 Discharge and satisfaction ................................................................................ 26
10.5 Charging orders nisi under the High Court Rules .......................................................... 26
10.5.1 General .............................................................................................................. 26
10.5.2 Registration requirements ................................................................................. 26
10.5.3 Effect................................................................................................................. 26
10.5.4 Discharge and satisfaction ................................................................................ 27
10.6 Charging orders under the Child Support Act 1991 ....................................................... 27
10.6.1 Registration requirements ................................................................................. 27
10.6.2 Effect................................................................................................................. 27
10.6.3 Discharge .......................................................................................................... 27
10.6.4 Equivalent charging orders under repealed enactments ................................... 27
10.7 Local Government (Rating) Act 2002 ............................................................................ 28
10.7.1 Charging orders for rates on general land......................................................... 28
10.7.2 Charging orders for rates on Maori land .......................................................... 28
10.8 Quick reference guides ................................................................................................... 28
Appendix A Reference table for caveats under the LTA ...................................................... 29
Appendix B Reference table for caveats under other legislation .......................................... 30
Appendix C Notice of caveat ................................................................................................ 31
Appendix D Notice of lapse of caveat/notice of claim under section 145 of the Land
Transfer Act 1952 ............................................................................................. 32
Appendix E Notice of lapse of caveat/notice of claim under section 145A of the Land
Transfer Act 1952 ............................................................................................. 33
Appendix F Charging orders reference guides ..................................................................... 34
F . 1 Charging orders - quick reference guide ............................................... 34
F . 2 Discharge of charging orders – quick reference guide .......................... 34

For the purposes of this guideline, the following terms and definitions apply.
Term/Abbreviation Definition
CSA Child Support Act 1991
DCR
DRA
HCR
JFHA
LGRA
LINZ
LTA
LTAA 1963
LTR nisi
PRA
Register
RGL stop notice
District Courts Rules 1992
Deeds Registration Act 1908
High Court Rules, Schedule 2 of the Judicature Act 1908
Joint Family Homes Act 1964
Local Government (Rating) Act 2002
Land Information New Zealand
Land Transfer Act 1952
Land Transfer Amendment Act 1963
Land Transfer Regulations 2002 taking effect at a later specified time unless previously modified or avoided by cause shown, further proceedings, or a condition fulfilled, eg an order nisi
Property (Relationships) Act 1976 the Land Transfer Register constituted under the LTA
Registrar-General of Land a document which prevents registration of subsequent transactions on the Register
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Guideline for stop notices
LINZG20706
Effective date: 3 January 2008
Registrar-General of Land
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In certain circumstances prescribed by statute, notices and other instruments which have the effect of preventing or restricting dealings with land, referred to in this guideline as “stop notices,” may be lodged for entry in the Register.
The mandatory requirements for various types of stop notice are governed by the Land Transfer Act
1952 (LTA) and other statutes. This document supplements the statutory provisions by providing extra information and guidance.
The Land Information New Zealand (LINZ) Regulatory group has developed outcomes and objectives to meet its responsibilities in the areas of cadastral survey, geodesy, electoral boundaries, land titles, valuation, Crown land and property, hydrography, and topography.
The outcomes and objectives developed by the Registrar-General of Land (RGL) for the land transfer system also reflect the objectives stated in s 4(3) of the Land Transfer Act 1952 (LTA).
The RGL has issued this guideline to meet the following outcome and objective.
Outcome Objective
Registered land owners or right holders have confidence that their rights are secure.
No transactions are entered where a stop (eg caveat, charging order) on registration exists.
It is essential that stop notices are properly administered and any resulting restrictions on registration observed.
This guideline suggests procedures which, if followed, will generally ensure compliance with the statutory requirements governing the following forms of stop notice:
(a) caveats,
(b) notices of claim under the Property (Relationships) Act 1976,
(c) statutory land charges, and
(d) charging orders.
This guideline replaces the following documents:
LINZ 2001, RGL Standard 5: Charging orders and discharges , RGL, LINZ, Wellington.
LINZ 2002, RGL Standard 16: Statutory land charges and discharges, RGL, LINZ, Wellington.
LINZ 2002, RGL Standard 17: The Property (Relationships) Act 1976 , RGL, LINZ, Wellington.
Guideline for stop notices
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Effective date: 3 January 2008
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LINZ 2003, RGL Guideline 31: Requirements for Caveats, RGL, LINZ, Wellington.
The following documents are necessary for the application of this guideline:
Land Transfer Act 1952, and
LINZ 2007, LINZS20004: Standard for memorials , Registrar-General of Land, LINZ, Wellington.
Guideline for stop notices
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Effective date: 3 January 2008
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This guideline identifies some of the forms of stop notice that may be entered in the
Register. It references the key authorising provisions, outlines the circumstances in which stop notices may be lodged, and explains the effect of stop notices.
This document provides guidance on the registration aspects of stop notices only. It is not intended to serve as legal advice for individuals who wish to pursue a claim against a landowner. Any person contemplating lodging a caveat or some other form of stop notice should seek independent legal advice before doing so.
This guideline should be read in conjunction with the corresponding statutory provisions which set out the mandatory requirements for stop notices. It is intended for use by:
(a) persons with delegated authority to undertake registration functions on behalf of the RGL, and
(b) conveyancers who lodge stop notices or act on behalf of affected landowners.
Guideline for stop notices
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(a) A caveat generally has the effect of “freezing” the Register until the caveat lapses, is withdrawn, or is removed by Court order.
(b) A caveat must be strictly enforced in accordance with the applicable statutory provisions. These provisions differ in some key respects depending on the type of caveat lodged.
3.2.1
(a) The following types of caveat are provided for under the LTA:
(i) caveat against bringing land under the LTA,
(ii) caveat against dealing with land under the LTA,
(iii) caveat giving notice of interest or estate under Part 12 of the LTA
(compulsory registration of titles),
(iv) caveat forbidding the issue of ordinary certificate of title or computer register,
(v) caveat against application for prescriptive title under the Land Transfer
Amendment Act 1963 (LTAA 1963), and
(vi) caveat by the RGL to prevent fraud or improper dealing.
3.2.2
(b)
Statutory references for the caveats referred to in 3.2.1(a) are provided in
Appendix A.
(a) Additional forms of caveat are provided for under:
(i) the Joint Family Homes Act 1964 (JFHA), and
(ii) the Unit Titles Act 1972.
(b)
Statutory references for the caveats referred to in 3.2.2(a) are provided in
Appendix B.
Caveats must meet the requirements of the LTA as to:
(a) form - the caveat must conform in all material respects to the prescribed form,
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Guideline for stop notices
LINZG20706
Effective date: 3 January 2008
Registrar-General of Land
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(b) standing - the caveator must be a person who is legally entitled to lodge a caveat,
(c) grounds - there must be a prima facie basis for lodging the caveat as per the statutory criteria,
(d) authorisation - the caveat must be signed by or on behalf of the caveator, and
(e) mode of lodgement - the caveat must be presented in one of the prescribed methods.
(a) Section 43 of the LTA authorises the RGL to reject a caveat which does not comply with the statutory requirements, or retain it pending rectification of any matter required by the RGL.
(b) A caveat that is clearly not in order for registration should be rejected. Where there is uncertainty about whether a caveat complies with the LTA, the caveat may be requisitioned.
(c) The period of time for complying with the requisition should be set at two weeks rather than the usual two months.
Section 148A of the LTA confirms that if a caveat complies on its face with the requirements of the LTA, the RGL is not required to make further inquiry to determine the validity of the estate or interest claimed by the caveator.
(a) Section 148 of the LTA prohibits the entry of a second caveat by the same person in respect of the same interest where a prior caveat has lapsed or been removed.
In these circumstances, a second caveat cannot be accepted unless accompanied by a supporting order of the High Court.
(b) Notwithstanding that a second caveat may be worded in different terms, if in substance it appears to contravene s 148 of the LTA it should be refused or, in borderline cases, further information should be sought from the caveator. If there is any doubt the matter should be referred to the RGL for further investigation.
(c)
If notice is served under ss 145 or 145A of the LTA (see 4.6) and a second caveat
is lodged before the prescribed date in the notice, the decision as to whether or not it should be accepted should not be made until the outcome of the lapsing process is known. If the first caveat lapses, the second caveat cannot be accepted in contravention of s 148 of the LTA.
The LTA requires that a caveat include an address for service for the caveator (ss 136(e)
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Guideline for stop notices
LINZG20706
Effective date: 3 January 2008
Registrar-General of Land
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and 137(f) of the LTA). Any of the following forms of address for service will ordinarily be sufficient to meet that requirement:
(a) a physical address, ie street number and name, and town or city,
(b) a PO Box or Private Bag address,
(c) a facsimile number, or
3.7.1
(d) an electronic address, eg an email address.
The caveator may notify the RGL in writing of a change of address for service.
(a) A caveat may be removed by order of the High Court under s 143 of the LTA.
(b) Provided the Court order contains sufficient detail to identify the affected caveat, its removal must be noted in the Register upon presentation of a sealed duplicate of the order to LINZ.
3.9.1
(a) Section 147 of the LTA allows for the withdrawal of a caveat. The withdrawal must be authorised by the caveator.
(b) An agent executing or authorising a withdrawal on behalf of the caveator must have written authority to do so unless the withdrawal is followed immediately by an instrument which will provide the caveator with registered title to the interest claimed (s 147 of the LTA).
(c) A dealing that would otherwise be prohibited may be registered with the consent of the caveator if it is made subject to the rights of the caveator (s 147 of the
LTA).
3.9.2
(a) Regulation 29(1) of the Land Transfer Regulations 2002 (LTR) provides that if the caveator dies while a caveat is in force, the caveator's legal personal representative (eg executor or administrator of the caveator’s estate) may withdraw the caveat or consent to registration of a dealing.
(b) While a formal transmission application cannot be registered, as the caveat itself is not an interest in land, similar evidence should be produced to confirm the appointment of the caveator’s legal personal representative.
(c) In the absence of a legal personal representative, the RGL may accept a withdrawal or consent given by some other person who appears to be
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Guideline for stop notices
LINZG20706
Effective date: 3 January 2008
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entitled to the estate or interest protected by the caveat (r 29(2) of the LTR). The
RGL may request an indemnity from that other person (r 29(3) of the LTR).
(d) If a withdrawal cannot be obtained, the lapsing process under s 145A of the LTA may be used as an alternative.
Guideline for stop notices
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A person claiming an unregistered estate or interest in land may be entitled to lodge a caveat to protect their claim. The interest claimed must be one that is on its face capable of supporting a caveat as provided in s 136(1) of the LTA. This includes an interest as:
(a) purchaser of land under an agreement for sale and purchase,
(b) lessee under an unregistered lease or agreement to lease,
(c) grantee of an unregistered easement,
(d) mortgagee under an unregistered mortgage or agreement to mortgage, or
(e) beneficiary of a trust ( cestui que trust ).
As established by case law, the following interests and transactions will not support a caveat:
(a) a mere contractual right,
(b) a licence,
(c) a shareholder in a company that owns land,
(d) a guarantor, or
(e) an unsecured creditor.
If a caveat has been entered in the Register under s 137 of the LTA, no further dealings may be registered in respect of the estate or interest against which the caveat has been lodged (see s 141 of the LTA). This restriction applies unless:
(a) the caveat has lapsed (ss 145 or 145A of the LTA), been withdrawn (s 147 of the
LTA) or removed by Court order (s 143 of the LTA),
(b) the caveator has consented in writing to a dealing or transaction made subject to the caveat (s 147 of the LTA), or
(c) a statutory exception exists (ss 141(3), (4), and (5) of the LTA).
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Guideline for stop notices
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(a) The prescribed form for a caveat against dealings is Form 18 of Schedule 2 of the
LTR.
(b) The details which must by law be included in a caveat are set out in s 137(2) of the LTA. These requirements are strictly enforced and any caveat that does not comply cannot be accepted. For example, even though the link might be inferred from the title, failure to clearly show how an interest claimed is derived from the registered proprietor (a requirement under s 137(2)(c) of the LTA) may render a caveat defective and incapable of entry on the Register.
Section 142(b) of the LTA requires the RGL to give notice of the caveat to the registered proprietor. An appropriate format for this notice has been approved by the
RGL and is set out in Appendix C.
4.6.1
(a) If a caveat prevents registration of a particular dealing, the person presenting the dealing may lodge a request for a notice to be served upon the caveator under s
145 of the LTA. An appropriate format for this notice is set out in Appendix D.
(b) Alternatively, any person with a registered interest in the land affected by a caveat may lodge an application to have a notice served on the caveator under s
145A of the LTA. An appropriate format for this notice is set out in Appendix E.
(c) LINZ will generally serve a notice under ss 145 or 145A of the LTA within five working days.
(d) Once the statutory process has been triggered under ss 145 or 145A of the LTA, the caveat will lapse by operation of law unless the caveator takes action to
sustain the caveat within the prescribed timeframes. See 4.6.5 below.
(e) In the case of a notice under s 145 of the LTA, if the dealing that triggered the notice is withdrawn the caveat will not lapse (see Butler v Fairclough (1917) 23
CLR 78).
(f) A caveat may be withdrawn at any time prior to the service of a notice under ss 145 or 145A of the LTA.
(g) It is not possible to withdraw an application under s 145A of the LTA after notice has been served.
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Guideline for stop notices
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Effective date: 3 January 2008
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4.6.2
4.6.3
4.6.4
Sections 145 and 145A of the LTA require notice of lapse of a caveat to be served on the caveator. Notice must be served at the address for service specified in the caveat
(see 3.7 above).
Section 240D of the LTA governs when notices are taken to be delivered. In the case of a notice sent by post, delivery is taken to have occurred in the ordinary course of the post, which is generally accepted as two working days. For example, a notice sent on a
Monday may be assumed to have been delivered on the following Wednesday.
4.6.5
If the notice is returned and marked as undelivered, reasonable efforts should be made to find out why the notice was not delivered. The notice and any explanation for why it was not delivered should be retained.
(a) Once notice is served under ss 145 or 145A of the LTA, the following will occur:
(i) The caveat will lapse after the prescribed period of 14 days unless within that period the RGL receives notice that an application has been made to the
High Court to sustain the caveat. If notice of a Court application is provided the caveat survives that initial period.
(ii) The caveator then has a further period of 28 days after the date on which the notice of Court application is received in which to serve the RGL with a
Court order sustaining the caveat.
(iii) The caveat will lapse after that 28-day period if no order is received within that time frame (see r 39 of the LTR).
(iv) As provided in s 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.
(v) Once the time period has expired, two working days should be allowed before recording the caveat as lapsed on the Register. This allows for any application or Court order that was received within the prescribed period, but not immediately matched up with the dealing, to be properly dealt with by LINZ.
(b) A caveat should be recorded as having lapsed at 9:00 am on the next working day following the last day of the prescribed period or any extended period.
(c) If the caveat has lapsed as a result of a Court order, the caveat should be recorded as having lapsed on the day the Court order was received by LINZ.
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Guideline for stop notices
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Effective date: 3 January 2008
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4.6.6
Once a caveat has lapsed under s 145 of the LTA, the memorials for the dealing which triggered the lapsing process should show both the date of the production and the date of entry, as set out in LINZS20004: Standard for memorials .
A caveat may lapse as a result of the registration of a transfer pursuant to a power of sale under a mortgage. This occurs where, in terms of s 141(3) of the LTA, the caveat was lodged after the empowering mortgage and is based on an unregistered mortgage or agreement to mortgage dated later than the date of registration of the empowering mortgage.
4.8.1
4.8.2
(a) A notice or copy of the application for an order made to the High Court lodged with LINZ within the prescribed 14-day period will meet the requirements of s
145A(3)(a) of the LTA.
(b) The notice should state specifically that an application has been made to the High
Court for an order sustaining the caveat.
(c) A notice stating that the caveator intends to apply to the High Court is not sufficient.
If a Court order sustaining a caveat is obtained, a sealed duplicate of the order lodged with LINZ within the 28-day period will meet the requirements of s 145A(3)(b) of the
LTA and prevent the caveat lapsing.
Guideline for stop notices
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(a) Land can be brought under the LTA by:
(i) a voluntary application under Part 2 of the LTA, or
(ii) a compulsory application under Part 12 of the LTA.
(b)
Both processes referred to in 5.1(a) allow for the lodgement of a caveat in certain
circumstances (ss 25 and 205 of the LTA).
5.2.1
5.2.2
(a) Part 2 of the LTA sets out the general provisions for voluntary applications to bring land under the LTA.
(b) A person claiming an interest in the land may, within the prescribed public notice period, lodge a caveat under s 136 of the LTA. The application cannot then proceed until the caveat is removed (s 140 of the LTA).
(a) A caveat against bringing land must include the information set out in s 136(2) of the LTA and must be signed by the caveator or the caveator’s attorney or agent (s
136(3) of the LTA).
(b) The interest claimed by a caveator must be a legal or equitable interest that is ultimately capable of being converted into a registered interest.
5.2.3
(c) Notice of the caveat must be given to the applicant in accordance with s 142(a) of the LTA.
(a) If a caveator takes no further action, a caveat lodged pursuant to s 136 of the LTA lapses after three months from the date of lodgement (s 144 of the LTA).
(b) Lapsing will not occur, however, if the caveator notifies the RGL that an application has been made to the Court to establish title to the interest claimed, or if the caveator serves a Court order or injunction restraining the RGL from bringing the land under the LTA (s 144 of the LTA).
(c) The caveat may also be withdrawn by the caveator or removed by order of the
Court under s 143 of the LTA.
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Guideline for stop notices
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5.3.1
5.3.2
Part 12 of the LTA contains provisions for compulsory applications to bring land under the LTA.
(a) A person claiming an interest in the land may lodge a caveat under s 205(1) of the
LTA at any time prior to the issue of title.
5.3.3
(b) The caveat must be lodged in the prescribed form, ie Form 20 of Schedule 2 of the LTR, and include the information required by s 205(2) of the LTA.
(c) Section 205(1) of the LTA states that this type of caveat must be registered under the Deeds Registration Act 1908 (DRA). The application may then proceed, but a minute in respect of the caveator's claim must be entered in the Registrar’s minutes (s 205(3) of the LTA).
(a) Any person occupying the land to be brought under the LTA or adjoining land, may lodge a caveat in terms of s 205(4) of the LTA at any time after title is issued while it remains limited as to parcels. The caveat must be lodged in the prescribed form, ie Form 21 of Schedule 2 of the LTR.
(b) Section 205(5) of the LTA sets out that the provisions of ss 136(2) and (3), 143, and 145 to 148 of the LTA apply with the necessary modifications. Until the caveat is removed, it operates to prevent the issue of an ordinary title but does not otherwise restrict dealings with the land (s 205(5) of the LTA).
Guideline for stop notices
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Effective date: 3 January 2008
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Provisions for applications based on prescriptive title for land registered under the LTA are set out in ss 2 to 21 of the LTAA 1963. In certain circumstances a caveat may be lodged to prevent the application proceeding (s 8(1) of the LTA).
Under s 8(1) of the LTAA 1963 any person claiming a legal, equitable, or beneficial interest in the land may, within the prescribed period of public notice, lodge a caveat forbidding the granting of the application.
(a) If the caveator is the registered proprietor of an estate in fee simple (or an estate for life or in remainder, contingent or otherwise, or an estate by way of executory limitation that has not lapsed) the application must be refused as provided in s
9(1) of the LTAA 1963.
(b) If the caveat is lodged by an agent on behalf of the caveator, and the RGL is not already satisfied of the agent’s authority to act, these matters must be confirmed in accordance with ss 9(2) and (3) of the LTAA 1963.
(c) If the caveator claims some other form of interest, these matters must be determined in accordance with ss 10, 11, or 12 of the LTAA 1963 as appropriate.
Guideline for stop notices
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Effective date: 3 January 2008
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(a) Section 211(d) of the LTA allows the RGL to enter a caveat in certain circumstances, eg to prevent fraud or improper dealing. Such caveats have the effect of preventing further registration (s 141(1) of the LTA).
(b) Delegates exercising this power should only do so after consulting with the RGL.
(c) Caveats lodged under s 211(d) of the LTA remain until withdrawn by the RGL.
The lapsing provisions of ss 145 and 145A of the LTA do not apply.
Guideline for stop notices
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Effective date: 3 January 2008
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A person claiming an interest in land under the Property (Relationships) Act 1976
(PRA) may lodge a notice of claim under s 42 of that Act.
(a) The notice of claim procedure is available to the spouse, de facto partner or civil union partner of the legal or beneficial landowner (Schedule 1 of the Property
(Relationships) Forms Regulations 2001).
(b) The notice should be lodged in the form prescribed in Schedule 1 of the Property
(Relationships) Forms Regulations 2001. This form provides that the person against whose interest the notice of claim is lodged may be:
(i) the registered proprietor of the land, or
(ii) entitled to, or beneficially interested in the land by virtue of an unregistered agreement or other instrument or transmission, or an express or implied trust, or by virtue of some other circumstance.
A notice of claim takes effect as if it were a caveat against dealings under the LTA
(s 42(3) of the PRA). Subject to the exceptions and modifications set out in s 42(3) of the PRA, the LTA provisions apply accordingly.
Guideline for stop notices
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(a) A statutory land charge arises where legislation provides for a debt to be a charge on land. In these circumstances the authorising legislation may make special provision for registration of a notice of charge.
(b) A notice of a charge may also be registered under the Statutory Land Charges
Registration Act 1928.
Some statutory land charges operate as a stop on registration. This applies where the authorising legislation includes a provision that prohibits or restricts further dealings with the land. Examples include:
(a) section 14L of the Farm Ownership Savings Act 1974,
(b) section 14M of the Home Ownership Savings Act 1974,
(c) section 90 of the Local Government (Rating) Act 2002 (LGRA), and
(d) sections 73, 74, 107 and 221 of the Public Works Act 1981.
Statutory land charges registered under the following repealed legislation also operate as a stop on registration. Though repealed, these provisions continue to apply until the charge is removed:
(a) section 101C of the Public Works Act 1928,
(b) section 96 of the Rating Act 1967,
(c) section 162 of the Rating Powers Act 1988, and
(d) section 125 of the Social Security Act 1964.
22
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A person who has obtained a judgment or order for the payment of money may apply to the Court for a charging order. Various types of charging order are provided for under the following legislation:
(a) District Courts Rules 1992 (DCR):
(iii) charging orders absolute under rule 594 of the DCR, and
(iv) charging orders nisi under rule 601 of the DCR;
(b) High Court Rules, Schedule 2 of the Judicature Act 1908 (HCR):
(i) charging orders absolute under rule 573 of the HCR, and
(ii) charging orders nisi under rule 579 of the HCR;
(c) Child Support Act 1991,
(d) Local Government (Rating) Act 2002,
(e) District Courts Act 1947, and
(f)
Te Ture Whenua Māori Act 1993.
10.2.1
(a) A charging order absolute must be registered against the specified title for land under the LTA (rule 595 of the DCR).
(b) A duplicate of the order must be presented for registration in accordance with rule
595(3) of the DCR. It must include a description of the land sufficient to identify the land (rule 595(2)(a)(i) of the DCR), eg the legal description or unique identifier for the title.
(c) The charging order will be lodged for registration without fee (s 96A(6) of the
District Courts Act 1947).
10.2.2
(a) A charging order absolute prevents registration of any conveyance, transfer, assignment or disposition of any estate or interest (s 96A(2)(b) of the DCR).
(b) The restriction on further registration does not apply to caveats, notices of claim, rating charges or other charging orders or Court orders.
(c) The District Court has no power to enforce a charging order absolute by ordering a sale. To effect a sale the charging order must first be removed
Guideline for stop notices
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to the High Court, which has the appropriate jurisdiction (rule 608 of the DCR).
10.2.3
Under rule 600 of the DCR, a charging order absolute under the DCR automatically lapses two years after the date of the order unless previously extended by order of the
Court.
10.2.4
Rule 599 of the DCR sets out that a charging order absolute may be discharged by:
(a) a memorandum of satisfaction signed by the chargeholder and witnessed under s
157 of the LTA,
(b) an order under seal of the District Court, or
(c) a discharge signed by the chargeholder and witnessed under s 157 of the LTA.
No fee is payable for the discharge and satisfaction (ss 96A(6) and (7) of the District
Courts Act 1947).
10.3.1
Charging orders nisi are interim orders to preserve property (rule 603 of the DCR) and to prevent it being parted with or sold. If substantiated as a valid claim by proceedings in the District Court a charging order nisi may be made absolute (rule 606 of the DCR).
The principal reason for having a charging order nisi made absolute is to enable it to be enforced in the High Court if the land is sold (rule 608 of the DCR).
10.3.2
(a) A charging order nisi may affect land held under an express or implied trust for the benefit of the debtor, ie a beneficiary under the trust (rule 601(c) of the DCR).
(b) A charging order nisi may not be registered against the bare legal estate of the trustee, ie the trustee as registered proprietor ( Motor Vehicle Dealers Institute
Incorporated v UDC Finance (1991) Limited (1994) 1 NZLR 569).
(c) Where a charging order nisi is intended to affect an estate, right or interest in land under or by virtue of any trust, that charging order nisi may be registered against the land or a caveat may be lodged in respect of the charging order nisi (rule
602(3) of the DCR).
(d) A duplicate of the sealed order may be presented for registration. It should include a description of the land sufficient to identify the land, ie the legal description or unique identifier for the title.
(e) A charging order nisi will be lodged for registration without fee (s 96A(6) of the
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Guideline for stop notices
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10.3.3
District Courts Act 1947).
(a) A charging order nisi prevents registration of any conveyance, transfer, assignment or disposition of any estate or interest (rule 603(a) of the DCR).
(b) The restriction on further registration does not apply to caveats, notices of claim, rating charges or other charging orders or Court orders.
(c) A charging order nisi does not automatically lapse.
10.3.4
(a) If a charging order nisi is not made absolute it should be rescinded on application to the District Court by the registered proprietor (rule 287 of the DCR).
(b) Although no provision is made for registration of the rescinding order, a sealed duplicate of that order may be lodged and an entry made on the register that the order is rescinded.
10.4.1
(a) A charging order absolute may be registered against the specified title for land under the LTA (rule 574 of the HCR).
(b) The order must include a description of the land sufficient to identify the land, ie the legal description or unique identifier for the title (rule 574(2) of the HCR).
(c) A duplicate of the sealed order must be presented for registration in accordance with rule 574(3) of the HCR.
(d) A registration fee is payable.
10.4.2
(a) A charging order absolute prevents registration of any conveyance, transfer, assignment or disposition of any estate or interest ( Nicholl v Official Assignee
[1966] NZLR 779).
(b) The restriction on further registration does not apply to caveats, notices of claim, rating charges or other charging orders or Court orders.
10.4.3
Rule 578 of the HCR states that a charging order under the HCR automatically lapses two years after the date of the order unless previously extended by the Court.
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10.4.4
(a) Rule 577 of the HCR sets out that a charging order absolute may be discharged by:
(i) a memorandum of satisfaction signed by the chargeholder and witnessed in terms of s 157 of the LTA,
(ii) order of the High Court under seal, or
(iii) a discharge signed by the chargeholder and witnessed in terms of s 157 of the LTA.
(b) A registration fee is payable.
10.5.1
A charging order nisi is an interim order to preserve the property and to prevent it being parted with or sold (rule 581 of the HCR). If substantiated as a valid claim by proceedings in the High Court a charging order nisi may be made absolute (rule 585 of the HCR). The principal reason for having a charging order nisi made absolute is to enable it to be enforced in the High Court if the land is sold.
10.5.2
(a) A charging order nisi under rule 579 of the HCR may affect land held under an express or implied trust for the benefit of the opposite party, ie a beneficiary under the trust.
(b) A charging order nisi may not be registered against the bare legal estate of the trustee, ie the trustee as registered proprietor ( Motor Vehicle Dealers Institute
Incorporated v UDC Finance (1991) Limited (1994) 1 NZLR 569).
(c) Where a charging order nisi is intended to affect an estate, right, or interest in land under or by virtue of any trust, that charging order may be registered against the land or a caveat may be lodged in respect of the charging order nisi (rule
580(3) of the HCR).
(d) A duplicate of the sealed order may be presented for registration. It should include a description of the land sufficient to identify the land, ie the legal description or unique identifier for the title.
(e) A registration fee is payable.
10.5.3
(a) A charging order nisi prevents registration of any conveyance, transfer, assignment or disposition of any estate or interest (rule 581(b) of the HCR).
26
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(b) A charging order nisi does not automatically lapse.
(c) The restrictions on further registration do not apply to caveats, notices of claim, rating charges or other charging orders or Court orders.
(d) If a transfer pursuant to a charging order for rates is to be registered, the charging order itself must first be discharged or cancelled by Court order ( Mutual Benefit
Building Society ex parte Baynes (1887/5) NZLR 293 and Firth Concrete
Industries v Duncan (1973) 1 NZLR 188).
10.5.4
(a) If a charging order nisi is not made absolute it should be rescinded by order of the
Court.
(b)
Discharges of charging orders absolute are covered in 10.4.4 above.
(c) Although no provision is made for registration of the rescinding order, a duplicate of the sealed order of the High Court may be lodged and an entry made on the
Register that the order is rescinded.
10.6.1
(a) A charging order under s 184 of the Child Support Act 1991 (CSA) may be registered under the LTA. It should include a description of the land (s 184(3) of the CSA).
(b) A duplicate or a copy of the sealed order may be lodged for registration (s 184(6) of the CSA) without fee (s 184(7) of the CSA).
(c) These charging orders can be varied by the Court (ss 184(4) and (8) of the CSA).
10.6.2
A charging order pursuant to s 184 of the CSA does not prevent registration of any subsequent dealing.
10.6.3
(a) A charging order under these provisions does not automatically lapse. A discharge may be provided by either the Registrar of the District Court or the
Family Court under seal (ss 184(4) and (8) of the CSA).
(b) No registration fee is payable for registration of the discharge (ss 184(7) and (8) of the CSA).
10.6.4
(a) Charging order provisions equivalent to those set out in s 184 of the CSA were
27
Guideline for stop notices
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previously contained in the following enactments:
(i) section 101 of the Domestic Proceedings Act 1968 (now repealed), and
(ii) section 118 of the Family Proceedings Act 1980 (now repealed).
(b) Any charging order registered under these provisions will remain on the title until discharged by the Court.
10.7.1
(a) Charging orders issued under the HCR for a judgment for rates are subject to the provisions set out in s 66 of the LGRA. As a consequence:
(i) a charging order for a judgment for rates does not lapse after two years but continues in force until a memorandum of satisfaction is registered under rule 577 of the HCR (s 66(1) of the LGRA), and
(ii) no dealing may be registered against the affected title without the consent of the local authority (s 66(3) of the LGRA).
(b) A memorandum of satisfaction may be issued by the High Court under seal or by the local authority. If the local authority executes the discharge, it should be witnessed in terms of s 157 of the LTA. A registration fee is payable.
(c) Subsection 66(4) of the LGRA also applies to a charging order made under the
Rating Powers Act 1988.
10.7.2
(a) Charging orders for rates in respect of Māori land are dealt with under ss 99 to
113 of the LGRA.
(b) The charging order may be made by the Māori Land Court and must be registered under s 123 or s 124 of the Te Ture Whenua Māori Act 1993 (s 102 of the
LGRA).
(c) A charging order under these provisions:
(i) prevents registration of any dealing without the consent of the local authority or leave of the Māori Land Court (s 104 of the LGRA),
(ii) remains in force until discharged (s 105 of the LGRA), and
(iii) may be discharged in writing by the local authority or by order of the Māori
Land Court (s 112 of the LGRA).
Quick reference guides for charging orders are provided in Appendix F.
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Guideline for stop notices
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Effective date: 3 January 2008
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Type of caveat Who can lodge
Form and content of caveat
Effect of the caveat
Removal of the caveat
General provisions
Caveat against bringing land under Part 2 of the
Land Transfer Act
S 136(1) of the LTA
 S 136 of the LTA
 Form 17 of Schedule
2 of the LTR
Ss 140 and 142 of the LTA
Ss 143, 144, and 147 of the
LTA
Ss 136, 140, 142-144, and 147-148B of the
LTA
Caveat against dealings with land under the Land
Transfer Act
S 137(1) of the LTA
 S 137 of the LTA
 Form 18 of Schedule
2 of the LTR
Ss 141 and 142 of the LTA
Ss 143, 145,
145A, and 147 of the LTA
Ss 137, 141-143, and
145-148B of the LTA
Caveat giving notice of interest or estate under
Part 12 of the
LTA
S 205(1) of the LTA
 S 205(2) of the LTA
 Form 20 of Schedule
2 of the LTR
S 205(3) of the
LTA
 S 205 of the LTA
 DRA
Caveat forbidding issue of ordinary certificate of title or computer register
S 205(4) of the LTA
Caveat against application for prescriptive title
 S 205(2) of the LTA
 Form 21 of Schedule
2 of the LTR
S 205(3) of the
LTA
Ss 143, 145,
145A, and 147 of the LTA
 Ss 136(2) and (3),
143, 145-148, and
205 of the LTA
S 8 of the
LTAA 1963
 S 8(1) of the LTAA
1963
 Form 17 of Schedule
2 of the LTR
Ss 7, 9, and 10 of the LTAA
1963
Ss 8(3) and
10(2) of the
LTAA 1963
 DRA


Ss 7-12 of the
LTAA 1963
Ss 136(2) and (3),
137(4), 142, 146, and 148 of the
LTA
RGL’s caveat against the transfer or dealing with the land
S 211(d) of the LTA
Form 18 of Schedule 2 of the LTR
S 211(d) of the
LTA
Ss 143, 147, or 217 of the
LTA
S 211(d) of the LTA
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Type of caveat Who can lodge
Form and content of caveat
Effect of the caveat
Removal of the caveat
General provisions
Notice of claim Schedule 1 of the Property
(Relationships)
Forms
Regulations
2001
Schedule 1 of the
Property
(Relationships)
Forms Regulations
2001
S 42(3) of the
Property
(Relationships)
Act 1976
Ss 143, 145,
145A, and
147 of the
LTA
S 42 of the
Property
(Relationships) Act
1976
Caveat in respect of unit title conversion
Caveat to prevent registration of joint family home
S 60(3) of the
Unit Titles Act
1972
S 6(1) of the
Joint Family
Homes Act
1964
Form 7 of Schedule
1 of the Unit Titles
Act 1972
Ss 60(3),(4), and (5) of the
Unit Titles Act
1972
S 60(6) of the
Unit Titles
Act 1972
S 60 of the Unit
Titles Act 1972
Form 3 of Schedule
1 of the Joint Family
Homes Regulations
1965
Ss 6 (2), (4),
(5), and (7) of the Joint
Family Homes
Act 1964
 Ss 6(3), (6) and (7) of the Joint
Family
Homes Act
1964
 Form 5 of
Schedule 1 of the Joint
Family
Homes
Regulations
1965
 Ss 6 and 7 of the
Joint Family
Homes Act 1964
 Rr 6, 7, and 8 of the Joint Family
Homes
Regulations 1965
Guideline for stop notices
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Date:
User information:
Client ref:
Land registration district Ref
Dealing number/ID Ref
Certificate(s) of title/computer register(s) affected
Ref
TAKE NOTICE that a caveat [ instrument ID ] has been lodged with me by [ caveator ], forbidding the registration of any memorandum of transfer or other instrument affecting the land contained in the above certificate of title.
Please contact the Help Desk at the office detailed below if you have any queries regarding this notice. for Registrar-General of Land
Guideline for stop notices
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Date:
User information:
Client ref:
Land registration district Ref
Dealing Number/ID Ref
Certificate(s) of title/computer register(s) affected
Ref
TAKE NOTICE that application has been made to register [i nstrument type, instrument number, names of parties and other details ]. This instrument affects the land, estate or interest protected by caveat/notice of claim [i nstrument ID] lodged by you. The caveat/notice of claim will lapse
14 days after this notice is delivered to you unless I receive notice within those 14 days that application to the contrary has been made to the relevant Court. The order must also be made and served on me within the further period of 28 days. For a caveat that means obtaining orders from the High Court and for a notice of claim under the Property (Relationships) Act 1976 it means the Family Court, District Court or High Court.
Please contact the Help Desk at the office detailed below if you have any queries regarding this notice. for Registrar-General of Land
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Guideline for stop notices
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Date:
User information:
Client ref:
Land registration district Ref
Dealing number/ID Ref
Certificate(s) of title/computer register(s) affected
Ref
TAKE NOTICE that application has been made to lapse the caveat/notice of claim [ instrument
ID] lodged by you. The caveat/notice of claim will lapse 14 days after this notice is delivered to you unless I receive notice within those 14 days that application to the contrary has been made to the relevant Court. The order must also be made and served on me within the further period of
28 days. For a caveat that means obtaining orders from the High Court and for a notice of claim under the Property (Relationships) Act 1976 it means the Family Court, District Court or High
Court.
Please contact the Help Desk at the office detailed below if you have any queries regarding this notice. for Registrar-General of Land
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Guideline for stop notices
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Effective date: 3 January 2008
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Act Rule/section Issued by
184
Prevents registration
Family or District Court No
Fee
Nil Child Support Act 1991
District Courts Rules 1992
Domestic Proceedings Act 1968
Family Proceedings Act 1980
High Court Rules
579
Local Government (Rating) Act 2002 66
99
594
601
101
118
573
District Court
District Court
High Court
High Court
Māori Land Court
Yes
Yes
Family or District Court No
Family or District Court No
High Court Yes
Yes
Yes
Yes
Yes
Yes
Yes
Nil
Nil
Nil
Nil
Yes
Act
Child Support Act 1991
District Courts Rules 1992
Domestic Proceedings Act 1968
Family Proceedings Act 1980
High Court Rules
Rule/section Signed by
184
Witness required
Family or District Court No
594
101
118
573
Local Government (Rating) Act 2002 66
112
District Court
Chargeholder
No
Yes
Family or District Court No
Family or District Court No
High Court No
Chargeholder Yes
High Court or authorised officer of local authority
No
Māori Land Court or authorised officer of the local authority
No
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Fee
Yes
Nil
Nil
Nil
Nil
Nil
Yes
Yes
Yes
34