Access to LINZ information

 LINZ ismaking it easier for members of the public to access its records.  Here’s a  link to their website that explains what they are up to.  It looks like both businesses and individuals will have a more immediate access.

Consumer Law Reform

The Consumer Law Reform Bill is almost ready to be passed into law.  The Commerce Commission signals the new law might be in place as early as 1 October 2013.  It will change the way we all do business and enlarge consumer rights.  All businesses, especially those that sell to the public, will need to be across…

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Earthquake Strengthening Policy Challenged

We understand that the Insurance Council of New Zealand is seeking judicial review of the decision by the Christchurch City Council to adopt its Earthquake Prone Dangerous and Insanitary Buildings Policy 2010.  That 2010 policy required seismic strengthening of existing buildings to a target of 67% of the new building standard in certain circumstances, including…

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The 12 key changes in the new ADLS 6th Edition Deed of Lease

Changes to the ADLS 6th Edition Deed of Lease that help the landlord: CPI rent review – the CPI review ratchets commencement rent and could ratchet inflation based growth only. Insurance excess – the recoverable excess increased to $2,000.00 per claim where a Tenant’s act or omission causes the destruction or damage. Unit Titles Act 2010 – the Tenant must…

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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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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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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 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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