AlexanderDorrington is ranked as a top tier firm by Legal 500

AlexanderDorrington is pleased to announce that they have maintained their top tier position in the real estate and construction category of the Legal 500 Asia- Pacific.  AlexanderDorrington remains the only Auckland boutique property firm that achieves this status for legal work in the real estate and construction area.  Thanks to our clients, contacts and staff who have supported…

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Webinar – management rights, management issues and developers

The webinar will be of interest to those involved with management rights – primarily developers, current managers or possible purchasers of management rights.  We will talk about: the Unit Titles Act 2010 s139 and s140 duties of care on developers recent Court cases (including the decision at The Sentinel and Atrium Management) whether there remains such…

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Council’s new duty of care – Part 1

On 11 October 2012 the Supreme Court held that council owe a new duty of care.  It has come about from the litigation about the Spencer on Byron development, which is leaky.  The court by a 4-1 majority has held that the Court of Appeal was wrong to allow the strike out of the claim…

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Taxing lease incentives – changes on the way

The government’s measures to increase their tax take through the targeting of the property industry looks set to continue. First we had the erosion of depreciation, followed by the changes to loss attributing qualifying companies. Now the government is proposing to change the way it taxes lease inducement payments. In the current economic environment it…

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Management agreements and exclusive letting

The first is the Court of Appeal’s decision on 21 February 2012 in Atrium Management Limited v Quayside Trustee Limited (In receivership and liquidation).  This case was concerned with an agreement for the sale and purchase of management rights.  It was not a body corporate challenging a management agreement as ultra vires or trying to use section…

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Management rights under fire

The Auckland High Court has issued its decision on the management agreement for the Sentinel Apartments in Takapuna.  The body corporate was challenging the management arrangements put in place by the original developer.   The Court concluded that the management agreement is harsh or unconscionable in terms of section 140(5) of the Unit Titles Act…

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Cross-lease vs fee simple

Fee simple Fee simple ownership is true exclusive ownership and possession of the land and buildings on it. It’s ownership of what is below and above the ground (as is reasonable). Yes, others do get a say – for example the neighbours might have a say over fences; Council in terms of compliance with the District Plan…

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Supreme Court decision on Blue Chip and the Securities Act

The recent Blue Chip Supreme Court decision will come as a huge relief to families up and down New Zealand.  An argument had been made on behalf of numerous investors in Blue Chip schemes that Blue Chip had breached the requirements of the Securities Act.  In signing up mum and dad investors across the country…

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New agreement for sale and purchase

We have set out below a short summary of the changes in the new 9th edition.  There are some changes specific to unit titles and commercial transactions, which we cover separately.  The first section is potentially relevant to all agreements.  There is a lot to take in.  Some of the changes assist vendors, and some purchasers,…

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Earthquakes and leases – what to consider.

The sight of the ADLS Fifth Edition 2008(2) commercial lease can bring a feeling of both comfort and familiarity. The ADLS commercial lease is widely used and understood. It is often seen as the form of lease that can ‘get the deal over the line.’ It is generally regarded as a fair lease, and not…

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Conveyancing and sinking funds

Sinking funds are common in the management of commercial property. Increasingly they need to be considered in residential developments when dealing with the sale and purchase of the property. There are for example, FF & E Reserves (for replacing furniture, fittings and equipment). These are held in connection with apartments leased to hotel or serviced…

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Selling off the plans – what’s new

For the first time in a very long while pre-sale contracts for residential properties are hitting the market.  Residential developers and their banks have been keeping a low profile these last few years but things are beginning to change.  Changes in the law means there are some new things to look out for in agreements…

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