Seller/agent slip-ups

One of the clearly defined and longstanding requirements regarding the sale and purchase of land in New Zealand is that the agreement must be in writing and signed by both the accurate seller and purchaser. When the seller of the land uses a real estate agent to assist with the sale, that agent is the

By |2022-09-06T14:42:55+12:00September 6th, 2022|

Trees under Emissions Trading Scheme

As climate change issues come more clearly into focus, so do the relevance and effects of the Emissions Trading Scheme (ETS). If you are in the ETS, or are buying or currently own a property that has trees that are affected by the rules and regulations surrounding the ETS, then you definitely need to be

By |2022-09-06T14:42:22+12:00September 6th, 2022|

Epidemic Preparedness Notice for commercial leases and mortgages

In May 2020 temporary law changes were made to the Property Law Act 2007 (“the Act”) as part of the COVID-19 Response (Further Management Measures) Legislation Act 2020. These changes related to leases of commercial properties and all residential and commercial mortgages; including mortgages related to goods (e.g., Business assets other than land and buildings).

By |2022-09-06T14:41:52+12:00September 6th, 2022|

A brief summary of the Fair Pay Agreements Bill

The Fair Pay Agreements Bill has been drafted with the intention of providing a framework for collective bargaining for fair pay agreements across all industries and occupations, rather than just between unions and particular employers. Introduced on 29 March 2022, it is currently at the Select Committee stage.  The Fair Pay Agreements Bill allows for

By |2022-09-06T14:39:20+12:00September 6th, 2022|

Family Protection Act claims

The Family Protection Act (“the Act”) is utilised by certain classes of family members who have an issue with the extent of their inheritance; either due to being left out entirely or where they perceive the share received is less than what is reasonable and fair because the deceased has breached their moral duty to

By |2022-09-06T14:38:45+12:00September 6th, 2022|

Changes to First Home products

On 19 May 2022 the Minister of Finance, Hon. Grant Robertson delivered New Zealand’s 2022 Budget that included changes to the following First Home products: the First Home Grant, First Home Loan and the Kāinga Whenua Loan scheme.  The changes to the First Home Grant took effect from 19 May 2022 and the changes to

By |2022-09-06T14:38:15+12:00September 6th, 2022|

Maintenance agreements

Land Information New Zealand (“LINZ”) controls the holding of certificates of title in respect of each piece of land in New Zealand.  There are additional rights and privileges that may be registered in document form against any individual title and these must be cleared with LINZ when they confirm the terms and conditions allowable by

By |2022-09-06T14:37:31+12:00September 6th, 2022|

Power of attorney medical certificates

In recent years the medical condition of a donor under a power of attorney has become increasingly important and therefore documented.   Medical certifications as to mental capability are of particular importance both for property attorneys and personal care and welfare ones A certificate around mental capacity triggers the use of both enduring powers of attorneys

By |2022-09-06T14:37:07+12:00September 6th, 2022|

A review of cross-lease issues

It is said that a cross-lease is one of the most complicated forms of property ownership. A cross-lease title creates two or more legal estates having multiple owners who all have a separate lease for the house or flat with an undivided share in ownership of the entire land/site. The lease of the property can

By |2022-09-06T14:36:41+12:00September 6th, 2022|

Guarantees – Discussing anti-discharge clauses

Most guarantees have an “anti-discharge” clause, these clauses are designed to prevent a guarantor from being discharged from liability and allows the creditor to vary the underlying contract without the guarantor being discharged from their obligations. One of the most referred to authorities is the case of Holme v Brunskill. In Holme v Brunskill, the

By |2022-09-06T14:36:13+12:00September 6th, 2022|
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