Land Transfer Act 2017

A new tool for developers

An act that has underpinned our land transfer system for 60 years was put to bed and the Land Transfer Act 2017 became effective. That change may not impact on you daily, but some things will impact on how you complete your developments in the future.

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Overseas Investment Act Amendment

The Overseas Investment Amendment Act 2018

From 22 October 2018 (or potentially earlier if we have orders in Council to that effect) the sale of residential land in New Zealand to an overseas person will potentially require consent from the Overseas Investment Office. Denise Marsden looks at the law change from the residential developer’s viewpoint.

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Settling SugarTree – a large apartment sell down

Time lapse video of our office on settlement day.   Bonnie Warburton’s behind the scenes glimpse at five crazy days.   Attempting to settle 270 apartments on one day is no easy task and not for the faint hearted. Whilst the pressure of the SugarTree settlement at times was enormous, the satisfaction at the end…

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Future-proofing the legal design of subdivisions

There is a lot of discussion around the physical design of subdivisions and how that impacts the community that is created and the ultimate owners’ use and enjoyment of the land. The legal design is just as important.   Recent agreements I have reviewed for some new developments cause me concern as to what we…

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Unit Titles Review 2017

Just 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…

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Body corporates and notices of EGM and AGM

The 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…

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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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