Construction Contracts Act Review

The Department of Building and Housing is calling for submissions on how well the Construction Contracts Act 2002 (CCA) is working in practice. In particular comments are sought as to whether: the CCA should apply in its entirety to residential construction contracts? there are better options for enforcing adjudication orders?  adjudication orders should be able to be appealed? adjudication…

LAQC Reforms

The long awaited LAQC reforms have finally been released. The gist is that LAQC owners will be given the option to become a new “look-through company” where profits & losses will flow to owners or transition to a sole trader, partnership or limited partnership. If no election to take up these options is made, the…

Independent Trustees – limiting liability

Independent trustees are no doubt very aware that contracts they enter into with third parties expose them to personal liability, unless there is a clause in the contract limiting their liability. Trustees who regularly use the standard (ADLS/REINZ) form of agreement for sale and purchase of real estate would also be aware that the current…

Unit Titles Bill

The Unit Titles Bill is slowly working its way through. Hopefully we see a new Unit Titles Act this year because it is definitely needed. The second reading of the bill was completed on 16 February 2010. The bill now goes to the Committee of the Whole House. We will keep an eye on developments.…

Building Amendment Act 2009

The 2009 amendment to the Building Act is (in the most part) now in force. It introduces a new regime “national multi-use approvals” (or MultiProof as the Department of Building and Housing are branding it). This is to enable volume builders of simple buildings to obtain prior approval from the DBH to plans and specifications.…