What’s not to love about modern user-friendly legislation? Nearly a year ago the need to set up Incorporated Societies in order to manage communal facilities on a property development, became a thing of the past. Incorporated Societies have their place but they require a minimum of 15 members, a common seal and are governed…
DetailsA deposit amount is a matter for negotiation between the parties. Whilst the customary figure is 10% it need not always be the rule. The Auckland District Law Society and Real Estate Institute of New Zealand Agreement for Sale and Purchase template (ADLS Agreement) provides that a vendor can retain a maximum 10% deposit when…
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We are delighted to have been nominated as a finalist in the New Zealand Law Awards 2017. The New Zealand Law Awards are the leading independent honours celebrating excellence in the legal profession. They recognise the outstanding achievements of firms, in-house teams and other industry professionals across New Zealand. Our category, ‘Property & Construction Specialist Law…
DetailsAuckland’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 –…
DetailsJust 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…
DetailsWe 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…
DetailsThe 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. These allowed guests to stay for a short term, booked via the Airbnb website. The case went first to the…
DetailsA recent case considered whether or not the model IPENZ – ACENZ Short Form Agreement was incorporated into a contract between a client and an engineering firm. This was important because negligence had been alleged. If the short form applied it included a limitation of the engineer’s liability to $100,000.00. On the facts of the…
DetailsA 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…
DetailsKiwiSaver – First Home Withdrawal Do you qualify? 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…
DetailsFrom 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…
DetailsIf 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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