If you or your client receive a notice of lapse of caveat or notice of claim in the lead-up to the Christmas-New Year holiday break, you will need to act quickly to avoid the caveat or notice of claim lapsing.
The time periods of 14 days to notify LINZ that you have applied for a Court order preventing a caveat or notice of claim lapsing, and 28 days in which to serve such an order in LINZ, are prescribed by the Land Transfer Regulations 2002. 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 receive a notice of lapse, you can avoid the caveat or notice of claim lapsing by, within the prescribed time periods, giving the relevant notice to LINZ or serving a Court order on LINZ at the address or fax number specified in the notice of lapse, or by email to customersupport@linz.govt.nz.
Further information about lapsing of caveats and notices of claim can be found in the Guideline for stop notices - LINZG20706.
