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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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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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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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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