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 –…
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…
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…
DetailsThe 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…
DetailsIt 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…
Details1 December 2015 – Payment Claims There is now no distinction between a residential and a commercial construction contract (with the exception of charging orders). All payment claims issued by a contractor must attach Form 1 from the Construction Contracts Regulations 2015 to be a valid payment claim under the Construction Contracts Act (CCA). You…
DetailsIf you are purchasing a property you must obtain you own LIM. It’s not new advice, but the Courts have provided another reminder why it is important. The same goes for a PIM if you are developing/building. The recent case of Monticello Holdings Limited v Selwyn District Council 2015 NZHC 1674 confirms that if you…
DetailsThe year starts with a reviewed ADLSi/REINZ Ninth Edition 2012 (3) form of agreement for sale and purchase of real estate. The important changes to note are: Tax statement clauses are added to ensure vendors and purchasers comply with rules introduced 1 October 2015 and requiring tax statements to be lodged at LINZ prior…
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