We have written previously about body corporate rules considered ultra vires by the Courts. Contracts entered into beyond the powers conferred by the body corporate rules will be void and unenforceable. On 21 February 2011 the High Court gave its judgement as to whether or not the body corporate secretarial services contract and management contract…
DetailsThe start date for the new Unit Titles Act draws ever closer but remains unknown. We are still waiting on regulations that are needed to make the Act workable. The NZ Law Society was recently involved in discussions with the Department of Building and Housing regarding just what the regulations will say. Those discussions are confidential but there…
DetailsReal estate agents have commonly had their own form of tender conditions. The tender conditions were generally similar and most included terms of sale very close to the ADLS/REINZ form of agreement for sale and purchase. A new standard tender form is welcome. In a tender there are two contracts. The first contract is the tender process…
DetailsA recent enquiry about a landlord unreasonably withholding consent raised some interesting issues. The query related to a proposed change of use under a lease. A change of use can be prohibited in lease. However, if it is allowed with the consent of the landlord, the landlord must be reasonable in determining whether or not to give…
DetailsImagine how difficult it is for lawyers to limit their comments to 140 characters, the dilemma we face of having to leave some ambiguity in our message, of reducing beautifully formed, grammatically correct language to a small group of symbols and abbreviations. It’s hard for us. Perhaps that is why as a group we have been slow…
DetailsPossession Before Settlement Sometimes on the sale of a residential property, the purchaser wants possession even though settlement is not going to take place when expected. That can occur for a number of reasons: The vendor is not ready. The purchaser cannot settle yet. For some reason the parties agree to extend the settlement…
DetailsAnother interesting bill was proposed just before Christmas, the “Weathertight Homes Resolution Services (Financial Assistance Package) Amendment Bill”. If passed this would enable people with leaky homes to settle with the Government and Council for up to 50% of their repair costs. A lot of the commentary has dismissed the 50% contribution as inadequate. Council’s…
DetailsAnother interesting bill was proposed just before Christmas, the “Weathertight Homes Resolution Services (Financial Assistance Package) Amendment Bill”. If passed this would enable people with leaky homes to settle with the Government and Council for up to 50% of their repair costs. A lot of the commentary has dismissed the 50% contribution as inadequate. Council’s…
DetailsAnother interesting bill was proposed just before Christmas, the “Weathertight Homes Resolution Services (Financial Assistance Package) Amendment Bill”. If passed this would enable people with leaky homes to settle with the Government and Council for up to 50% of their repair costs. A lot of the commentary has dismissed the 50% contribution as inadequate. Council’s…
DetailsAnother interesting bill was proposed just before Christmas, the “Weathertight Homes Resolution Services (Financial Assistance Package) Amendment Bill”. If passed this would enable people with leaky homes to settle with the Government and Council for up to 50% of their repair costs. A lot of the commentary has dismissed the 50% contribution as inadequate. Council’s…
DetailsThe Building Act 2004 review continues. The Building Amendment Bill (No 3) had its First Reading on 9 December 2010. It is now with the Select Committee for review and submissions on the bill close on 4 March 2011. There are a number of interesting changes proposed in this bill. The first change of note is…
DetailsThe transfer of homes into trusts is common place. It is done every day. People do it to protect their assets, to create a distinction between the entity owning the significant assets and the person taking on board liabilities. Abolishing gift duty will make the transfer of assets easier and avoid the need for long…
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