Reasonable time for completion of a subdivision

 What a Court considers a reasonable time for completion of a subdivision might be longer than you think! For example, it might be perfectly reasonable for a developer to defer applying for a resource consent until zoning issues are resolved. Making time of the essence for the performance of an obligation is a tool for use to…

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Resource Management Act Changes

In October last year the promised streamlining of the Resource Management Act came into effect. Perhaps all of the property developers had already gone to ground, or perhaps it was because the need for change had been so long in the coming that the fanfare wasn’t great. There wasn’t a lot of noise about the…

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Unit Titles Bill

The Unit Titles Bill is slowly working its way through. Hopefully we see a new Unit Titles Act this year because it is definitely needed. The second reading of the bill was completed on 16 February 2010. The bill now goes to the Committee of the Whole House. We will keep an eye on developments.…

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Independent Trustees – limiting liability

Independent trustees are no doubt very aware that contracts they enter into with third parties expose them to personal liability, unless there is a clause in the contract limiting their liability. Trustees who regularly use the standard (ADLS/REINZ) form of agreement for sale and purchase of real estate would also be aware that the current…

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Building Amendment Act 2009

The 2009 amendment to the Building Act is (in the most part) now in force. It introduces a new regime “national multi-use approvals” (or MultiProof as the Department of Building and Housing are branding it). This is to enable volume builders of simple buildings to obtain prior approval from the DBH to plans and specifications.…

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Subcontractors Take Note

Two labour only subcontractors have found themselves liable in negligence to the current and future owners of a house they had helped build. Their liability was assessed at as being a 20% share of the loss. Yes, it was a leaking problem. (60% of the responsibility was attributed to the plasterer and 20% to Council).…

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