Prepare a caveat in Complex mode

Before you begin

Use Complex mode when:

dealing with only part of the land
attaching a PDF image setting out special conditions or provisions which apply against the caveat
the caveat type is Forbidding issue of title removing limitation under s207(1) Land Transfer Act 2017.

1: Navigate to the Prepare Caveat page

You access the Prepare Caveat page from the Instrument & Roles page.

To open the page, choose 1 of the following:

Select the Caveat hyperlink when the instrument details are collapsed.
Select the Prepare button when the caveat instrument details are expanded.
Select the 3-dot menu to the right of the caveat instrument. Then select Prepare instrument from the menu.

Example of all the places you can navigate to complex caveats.

2: Select the caveat type

By default, Against dealings with land under s138 Land Transfer Act 2017 is selected. Use this mode when preparing a standard caveat.

Select Forbidding issue of title removing limitation under s207(1) Land Transfer Act 2017 to prevent the issue of title and removal of limitations. If selected, the page will automatically update to Complex mode.

Example of buttons to select to choose a caveat type.

3: Select the mode you want to prepare the caveat in

By default, Simple mode is selected for a caveat instrument. Use this mode to prepare a caveat over all the affected titles and in respect of all the owners.

Use Complex mode when:

dealing with only part of the land
adding a PDF image setting out special conditions or provisions
the caveat type is Forbidding issue of title removing limitation under s207(1) Land Transfer Act 2017.

Use Instrument mode to prepare a caveat in respect of a:

lease
mortgage
encumbrance
other registered interest.

Example of how to toggle onto complex mode.

4: If dealing with part of the land, check the Only part of the land is affected checkbox

Skip this step and go to step 5 if you’re dealing with all the land in the affected titles.

Select the Only part of land is affected checkbox if the caveat is only for part of the land.

Enter a description of the part of the land to be caveated in the Description of part affected (if required) text box. For example: Part Lot 1 LT12345 formerly comprised in Lot 2 DP6789.

This is a mandatory field when the caveat type is Forbidding issue of title removing limitation under s2027(1) Land Transfer Act 2017.

The caveat will step down to Lodge with LINZ if these fields are used.

Example of checkbox to select if caveat is only on part of the land.

5: Check the registered owners are correct

The Registered Owner(s) section will automatically display the names of the registered owners. It will also reflect any prior change or ownership instrument already prepared in the dealing.

If the caveat type is Against dealings with land under s138 Land Transfer Act 2017, the registered owners will automatically be selected. Uncheck any owner who is not affected by the caveat.

Change due to pending dealing

Use the Change due to pending dealing  toggle under the Registered Owner(s) section to:

edit the current owner details, or
deal with protected (hidden) titles or instruments.

For example, use when an instrument in a prior dealing is updating who the registered owners will be. 

To reorder owners, select the 6-dot grid icon to the left of an owner and drag and drop them above or below another owner.

Example of change due to pending dealing toggle.

Revert/update

Use the Revert/update button above the Registered Owner(s) section to reset the owner names to reflect the Register and any prior instruments in the dealing. For example, if the name has been edited using Change due to pending dealing it will revert to what is recorded on the Register.

Another example is if a prior instrument has been added to your dealing which changes the registered owner. Using Revert/Update will pull through the updated names.

Link to click if you need to revert and update the caveat.

Additional Registered Owner details

Select the person icon to the right of the registered owner to view details such as:

an alias
suffix
birth date of a minor.

Additional details are recorded for that registered owner if the person icon is filled in and blue.

Example of icons to select to view or add additional details

6: Enter the Caveator names

Enter the Given and Family Name for an individual or select the Corporate icon to enter the corporate name.

Select +Add row to add another Caveator.

Select the trash can icon to remove a Caveator.

To reorder caveators, select the 6-dot grid icon to the left of an caveator and drag and drop them above or below another caveator.

7: Enter the details of the interest claimed

Enter the details in the Estate or Interest Claimed, Grounds and Derivation from Registered Owner text box. These details must contain what is being claimed and the reason why.

Example of field to add details of the interest claimed.

8: Check the Add exceptions to the notice checkbox and enter any exceptions to the caveat, if needed.

Skip this step and go to step 9 if there are no exceptions to the caveat or if the caveat type is Forbidding issue of title removing limitation under s207(1) Land Transfer Act 2017.

Select the Add exceptions to notice checkbox to open The exceptions are field.

Enter any exceptions to the caveat. For example, if it is intended to only prevent some types of dealings and/or specify instruments capable of registration.

Example of checkbox for add exceptions to notice.

9: Enter the Address for Service of Caveator

Select the delivery method: Email, Post or Fax. By default Email is selected.

The Address fields will update depending on the delivery method.

Enter all address information marked with a red asterisk.

10: Enter the Address of the Registered Owner

Select the delivery method: Email, Post or Fax. By default Email is selected.

The Address fields will update depending on the delivery method.

If available, enter the address for the registered owner. A caveat can only auto-register if address details are provided.

11: Upload an attachment to support the caveat, if needed

Skip this step and go to Step 12 if you’re not uploading supporting documents. 

Use the Attach image field to add PDFs. You can:

drag and drop a PDF into the Attach image field, or
select browse and upload a PDF from your files.

Each file must be under 10 MB in size and all attachments combined must not exceed 20 MB. 

You can view the attached PDF:

by clicking on the PDF, or
selecting the Preview Instrument button to view the compiled instruments and attachments.

Attaching an image will cause the instrument to step down to Lodge.

12: Check the Summary to review the instrument details

The Summary tab will automatically update and display a read-only summary of key details entered in the left-hand side of the page.

Use the Preview Instrument button to view, print or download the full instrument preview, including any certifications and signatures.

13: Save the instrument details

To save instrument details:

Select Save to save information and remain on the Prepare Caveat page.
Select Save and back to save the information and return to the Instrument & Roles page.