Residential Land Withholding Tax

From 1 July 2016 lawyers will need to deduct Residential Land Withholding Tax from the proceeds of some residential property sales and pay it to the IRD. This is the new tax that is intended to help compliance with the residential investment property tax rules. When...

Body corporates and notices of EGM and AGM

The meaning of a requirement in the Unit Title Regulations to give “at least 1 weeks’ notice” to owners of an extraordinary general meeting (EGM) has been determined by the High Court in a decision on 29 April 2016.   Notice of EGM was given by the York Street...

How many lots?

It is critical to draft society rules and land covenants correctly. In this case we look at how a proposed subdivision of a lot on a residential development, lead to High Court examination of a society’s rules. Example case The High Court was asked to issue a...

Construction Contracts – 3 key dates

1 December 2015 – Payment Claims There is now no distinction between a residential and a commercial construction contract (with the exception of charging orders).  All payment claims issued by a contractor must attach Form 1 from the Construction Contracts...