Changes to the ADLS 6th Edition Deed of Lease that help the landlord: CPI rent review – the CPI review ratchets commencement rent and could ratchet inflation based growth only. Insurance excess – the recoverable excess increased to $2,000.00 per claim where a Tenant’s act or omission causes the destruction or damage. Unit Titles Act 2010 – the Tenant must…
We understand that the Insurance Council of New Zealand is seeking judicial review of the decision by the Christchurch City Council to adopt its Earthquake Prone Dangerous and Insanitary Buildings Policy 2010. That 2010 policy required seismic strengthening of existing buildings to a target of 67% of the new building standard in certain circumstances, including…
AlexanderDorrington is pleased to announce that they have maintained their top tier position in the real estate and construction category of the Legal 500 Asia- Pacific. AlexanderDorrington remains the only Auckland boutique property firm that achieves this status for legal work in the real estate and construction area. Thanks to our clients, contacts and staff who have supported…
The webinar will be of interest to those involved with management rights – primarily developers, current managers or possible purchasers of management rights. We will talk about: the Unit Titles Act 2010 s139 and s140 duties of care on developers recent Court cases (including the decision at The Sentinel and Atrium Management) whether there remains such…
It comes up quite often, a business is started or bought between family or friends or colleagues, and a company set up to own and run the business. What you then have is a partnership of people who are now in business together. Most often these people have not worked together before, and may not…
We have for some time had a policy of contributing to selected start-up projects that have the potential to benefit New Zealand or humanity in the wider context. This is a contribution in the form of legal and business services made available either at no cost or at a significant discount. Renewable energy is a…
On 11 October 2012 the Supreme Court held that council owe a new duty of care. It has come about from the litigation about the Spencer on Byron development, which is leaky. The court by a 4-1 majority has held that the Court of Appeal was wrong to allow the strike out of the claim…
The Auckland High Court recently considered an application from Lihua Limited, against Body Corporate 366611, Theta Management Limited and BCS Limited. The procedural decisions may be of interest to those managing body corporates. The case concerned the Empire apartment building in Auckland. It seems to arise out of two management companies operating at the building. Theta manages…
See www.dbh.govt.nz to download a template long term maintenance plan for a complex or simple body corporate. These plans are now compulsory for a body corporate and will need to be provided by a unit owner to a purchaser if they ask for additional disclosure. Long term maintenance funds are however optional and the body corporate can…
If your personal admin list includes sorting your will, then September is wills month. A simple will is not expensive. It’s easy and saves your loved ones the added pressure of working out how to deal with your estate. If you die intestate (without a will) your assets will be distributed in accordance with the law. If…
The first is the Court of Appeal’s decision on 21 February 2012 in Atrium Management Limited v Quayside Trustee Limited (In receivership and liquidation). This case was concerned with an agreement for the sale and purchase of management rights. It was not a body corporate challenging a management agreement as ultra vires or trying to use section…
The government’s measures to increase their tax take through the targeting of the property industry looks set to continue. First we had the erosion of depreciation, followed by the changes to loss attributing qualifying companies. Now the government is proposing to change the way it taxes lease inducement payments. In the current economic environment it…