sec.105Lapsing of objector’s caveat

### sec.105 Lapsing of objector’s caveat If the registrar— is not satisfied that the caveator has an interest in the lot; or is satisfied that any interest that the caveator has in the lot has been extinguished under the Limitation of Actions Act 1974 ; the registrar must, by written notice given to the caveator, require the caveator to start a proceeding to recover the lot in the Supreme Court within 6 months after the notice is given. The caveat lapses unless, within the required time, the caveator— starts a proceeding in the Supreme Court to recover the lot; and gives written notice, in the way the registrar requires, to the registrar that the proceeding has started. The caveat also lapses if— the proceeding is withdrawn or dismissed; or judgment in the proceeding is given against the caveator and the time for appealing against the judgment expires without an appeal being lodged; or if the judgment in the proceeding is given against the caveator and the judgment is appealed—the appeal is dismissed or withdrawn. In this section— required time means— the 6 months mentioned in subsection (1) ; or if the registrar proposes to act under section 107 (1) (b) —the time allowed under section 107 (3) . s 105 amd 2001 No. 57 s 7 ; 2005 No. 68 s 83 ; 2013 No. 23 s 129 ; 2020 No. 9 s 32 (sec.105-ssec.1) If the registrar— is not satisfied that the caveator has an interest in the lot; or is satisfied that any interest that the caveator has in the lot has been extinguished under the Limitation of Actions Act 1974 ; the registrar must, by written notice given to the caveator, require the caveator to start a proceeding to recover the lot in the Supreme Court within 6 months after the notice is given. (sec.105-ssec.2) The caveat lapses unless, within the required time, the caveator— starts a proceeding in the Supreme Court to recover the lot; and gives written notice, in the way the registrar requires, to the registrar that the proceeding has started. (sec.105-ssec.3) The caveat also lapses if— the proceeding is withdrawn or dismissed; or judgment in the proceeding is given against the caveator and the time for appealing against the judgment expires without an appeal being lodged; or if the judgment in the proceeding is given against the caveator and the judgment is appealed—the appeal is dismissed or withdrawn. (sec.105-ssec.4) In this section— required time means— the 6 months mentioned in subsection (1) ; or if the registrar proposes to act under section 107 (1) (b) —the time allowed under section 107 (3) . - (a) is not satisfied that the caveator has an interest in the lot; or - (b) is satisfied that any interest that the caveator has in the lot has been extinguished under the Limitation of Actions Act 1974 ; - (a) starts a proceeding in the Supreme Court to recover the lot; and - (b) gives written notice, in the way the registrar requires, to the registrar that the proceeding has started. - (a) the proceeding is withdrawn or dismissed; or - (b) judgment in the proceeding is given against the caveator and the time for appealing against the judgment expires without an appeal being lodged; or - (c) if the judgment in the proceeding is given against the caveator and the judgment is appealed—the appeal is dismissed or withdrawn. - (a) the 6 months mentioned in subsection (1) ; or - (b) if the registrar proposes to act under section 107 (1) (b) —the time allowed under section 107 (3) .