Section 89C — Land Transfer Act 1952: How application dealt with
Text of the provision Official document
89C How application dealt with (1) Every application made under section 89A of this Act shall, except as otherwise expressly provided in this Part of this Act, be dealt with, as to notices, plans, caveats, fees, and all other matters, in accordance with the provisions of this Act relating to applications to bring land under this Act, as far as those provisions are applicable and with all necessary modifications. (2) In addition to those provisions, the Registrar shall cause notice in writing of the application to be given to the local or controlling authority which, if the access strip were a road or street or service lane or an access way, would have jurisdiction in respect thereof, and the notice shall appoint a time, being not less than the prescribed period of notice, during which that authority may lodge a caveat in form M in Schedule 2 to this Act, modified where necessary to suit the circumstances. Where pursuant to this subsection a caveat in form M as aforesaid is lodged in respect of an access strip already under the provisions of this Act, the reference in section 144 of this Act to an order or injunction shall be deemed to extend to an order or injunction restraining the Registrar from issuing a certificate of title pursuant to the application. Part 4A (comprising sections 89A to 89E) was inserted, as from 7 October 1966, by section 2 Land Transfer Amendment Act 1966 (1966 No 37). Subsection (2) was amended, as from 26 August 2002, by section 65(2) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11), by substituting the words “ the prescribed period of notice ” for the words “ one month from the date of the notice ” . See clause 2 Land Transfer (Computer Registers And Electronic Lodgement) Amendment Act Commencement Order 2002 (SR 2002/216).
Official source: legislation.govt.nz
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