Consultant’s Agreements, Short Form Agreements and Liability Limits

A 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…

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Kiwisaver – Guide for first home buyers

KiwiSaver – 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…

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LIMs obtained by others

If 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…

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Changes to the standard agreement for sale and purchase of real estate

The 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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Contract terms unfair?

Standard form contracts used in residential property development breach the Fair Trading Act 1986 if they are a consumer contract that contains “unfair terms”.  This was part of the changes to consumer law that applies to contracts from 17 March 2015. This might be relevant to: Residential building contracts Agreements for sale of a property…

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Tax collection

Next year lawyers will be required to retain tax on sale proceeds and pay the tax straight to the Inland Revenue Department.  They will need to do this when: •    an off-shore person (some Kiwis will be caught) •    sells residential land •    they have acquired since 1 October 2015 •    that have held for…

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Information collection – the impact on property developers

IRD numbers You will have read of the upcoming changes in the law – that affect the sale and purchase of land.  These come into effect on 1 October.  If the buyer is an individual or a couple buying their main home in their own name and they are not an "overseas person" they are…

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Bodies corporate, guarantees and amenities – developer’s duties

Body Corporate 401803 (the 103 Tremont apartment complex in St Lukes, Auckland) has recently been to the Court of Appeal.  At issue was the validity of guarantees given by the body corporate to third parties under leases of 3 units – the manager’s apartment, the swimming pool, tennis courts, gymnasium and other amenities.  Between June…

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Body corporate consent to use common property?

The Quays Body Corporate in Auckland (Body Corporate 198900) was recently before the High Court trying to get a declaration that the awnings erected by various bars that occupied the ground floor units should be removed at the cost of those owners. As the Court noted in its judgment dated 10 July 2015 “This issue…

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The new two year rule

It is proposed to make the profits on sales of residential property taxable if sold within two years of acquisition, subject to certain limited exceptions.  There will be no "purpose" or "intention test" to determine whether profits are taxable, as is presently the case.  This is not law yet but it seems very likely it…

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Proxies and Powers of Attorney

In the past proxies were commonly used in the unit title setting.  Developers would provide for them in sale contracts.  Property managers would include them in leases of serviced apartments.  It gave the developers and the managers the opportunity to control decisions made by the body corporate.  These provisions are now of little use given…

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The Death of Common Sense

"It’s the death of common sense" he said leaning on my doorframe, frustration etched on his face.  This was the third visit – trying to provide information to the bank suitable to meet anti-money laundering requirements; – so he could get online access to a bank account.  Ronald* (*name changed for issues of privacy and…

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