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Taxing lease incentives – changes on the way

by Jourdan Griffin | Aug 29, 2012 | General property Law, Leasing

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...

Management agreements and exclusive letting

by Denise Marsden | Aug 29, 2012 | General property Law, Unit Titles

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...

Management rights under fire

by Denise Marsden | Aug 22, 2012 | Business Law, General property Law, Unit Titles

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...

Cross-lease vs fee simple

by Denise Marsden | Aug 21, 2012 | Cross-lease, General property Law, Sale and Purchase

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...

Supreme Court Decision on Blue Chip & The Securities Act

by Debra Dorrington | Aug 21, 2012 | General property Law, Sale and Purchase

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...

New agreement for sale and purchase

by AlexanderDorrington | Jul 13, 2012 | General property Law, 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. ...
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