First steps towards resolving Auckland’s housing crisis

Auckland’s housing crisis is arguably one of the most pressing issues of our time. In response, a group of 130 public and private sector industry stakeholders met at a not-for-profit gathering, on 1 August 2017 – the first Auckland Housing Summit.  The Summit was organized by a group of five key players: Leonie Freeman –…

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Unit Titles Review 2017

Just before Christmas MBIE announced a review of the Unit Titles Act 2010 and published a discussion document. Submissions on the proposals were due 5pm Friday, 3 March 2017.  Many submissions have been made, including one from us that looks at the changes predominantly from the developer’s perspective. The items subject to review include the…

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Developers and Retentions under Construction Contracts

We have mentioned previously that the rules relating to retentions under contracts covered by the Construction Contracts Act 2002 are changing.  From 31 March 2017 retention money withheld under commercial construction contracts must be held on trust.  This is intended to apply only to contracts entered into or renewed on or after 31 March (presuming…

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Airbnb and Leases

The Supreme Court of Victoria was recently asked to consider whether or not a tenant under a residential tenancy was in breach of the provisions of the lease by entering into contracts with Airbnb and allowing guests to stay for a short term, booked via the Airbnb website. The case went firstly to the Victorian…

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Leases – Setoff Against Outgoings

A recent decision Drake City Limited v DJ Tasman-Jones & Anor (High Court, Auckland 20 December 2016) concerned a lease for one of the restaurants in the Victoria Park Market precinct.  There were arrears under the lease and the tenant had gone into liquidation.  The guarantors were being pursued for sums due.  These included unpaid…

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Kiwisaver – Guide for first home buyers

Kiwisaver – First Home Withdrawal First home buyers may be entitled to apply for a first home withdrawal to purchase their first house.  A first home buyer is an individual who has not owned a house or land before either in New Zealand or overseas.  The following will apply: You have been a member of…

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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 is tax withheld? The withholding tax will only apply…

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Fee funding if you are unable to pay your bill

If you are unable to pay our fees by the due date, we now offer a fee funding opportunity.  You can take up this opportunity with QuickFee. You simply go “Pay our Bill” on our home page.  Enter the invoice number and amount.  You can then choose monthly instalments by direct debit or by credit…

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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 Apartments Body Corporate on Wednesday the…

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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 declaratory judgement by an Incorporated Society. It wanted to…

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