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FOOTER_LOGO
Norris Ward McKinnon House, Level 7
711 Victoria Street
Hamilton 3204
Ph: 07 834 6000
Fax: 07 834 6100
Hakanoa House
172 Main Street
Huntly 3700
Ph: 07 828 7433
(Monday and Thursday, 9am-5pm)
Private Bag 3098
Waikato Mail Centre
Hamilton 3240
DX GP20022
All email enquiries
can be made to our
General Manager at
[email protected]
Connect with us
Facebook
LinkedIn
Photography by
Mark Hamilton.
Site Design by
Area Design
Terms and conditions
Privacy Policy
Contact Us

Since 1919

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Property

2 September 2024

Trust eSpeaking

In the Spring 2024 issue of Trust eSpeaking: Contracting out agreements for relationships late in life: A wise move as financial affairs are more complex; The plight of stepchildren: Non-traditional family structures can result in unfair estate outcomes; Will-making when you have overseas assets: Some key considerations.

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7 March 2024

Trust eSpeaking - Autumn 2024

In the Autumn 2024 issue of Trust eSpeaking: Making a bequest to a charity: Careful will drafting is essential; Estates and guarantees: Can cause difficult legal issues; Can your ex-spouse claim your property when you die? Agreeing on a division of relationship property after you and your spouse separate can be fraught.

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18 December 2023

Rural eSpeaking - Summer 2023

Inside the Summer 2023 issues of Rural eSpeaking: National, ACT and New Zealand First coalition: What can agriculture expect?; Three Waters and Resource Management Act 1991 replacement legislation: To be repealed; Over the fence: Family home v homestead: implications for relationship property – Road user charges: when to pay them? – Casual employees v seasonal workers.

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19 November 2023

Unit Titles Amendment Act

Do you Own a Townhouse or Apartment? Here’s How the New Unit Titles Amendment Act May Affect You.

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7 November 2023

Property Speaking - Spring 2023

In the Spring 2023 edition of Property Speaking: What happens if your builder goes bust? Choose carefully; Alternative methods to sell your property: Auction and tender overview; Property briefs: First Home Partner scheme on hold; Council delays for property developers; short-term accommodation - take care; Election impact on property issues.

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26 October 2023

What is an Enduring Power of Attorney?

Article on what an Enduring Power of Attorney is, and why it's important to have one.

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20 August 2023

Trust eSpeaking - Spring 2023

Inside the Spring 2023 issue of Trust eSpeaking: Decision in ‘Alphabet case’ could change succession landscape – significant issues raised; Refusing an inheritance – what options does a trustee have?; Polyamorous relationships – Supreme Court confirms that the Property (Relationships) Act can apply.

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30 July 2023

Rural eSpeaking - Winter 2023

In the Winter 2023 issue of Rural eSpeaking: Freshwater farm plans: Roll out by regions starting 1 August; Emissions Trading Scheme: Two discussion papers invite submissions; Over the fence: Obligations of working dog owners; MPI: Animal welfare checks; Firearms Registry opened 24 June 2023.

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4 July 2023

Property Speaking - Winter 2023

Inside the Winter 2023 issue of Property Speaking, our property law newsletter:

  • Kāinga Ora First Home Partner scheme: a co-ownership option
  • Owning a heritage building: a burden or a boon?
  • Property briefs: Unit titles legislation updates – First Home Grants thresholds increase – Loan to value restrictions eased
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22 June 2023

Retirement Village living - four things to consider.

Is retirement village life for you? We outline four things to consider before you make the move.

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20 April 2023

Property Speaking - Autumn 2023

In the Autumn 2023 edition of Property Speaking, our property law newsletter: Storm damage to properties: For landlords, tenants and buyers; Subdivision consents: Recent changes to planning rules; Property briefs: Update on legislation – Changes to LIM information – Replacement of the Resource Management Act 1991.

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6 March 2023

Trust eSpeaking - Autumn 2023

In the Autumn 2023 edition of Trust eSpeaking our trust law newsletter:

  • Who really wants to be a trustee? A trustee has many obligations;
  • Who are the ‘children of the settlors’? Make it clear in the trust deed;
  • Tikanga in the law of Aotearoa New Zealand: Role of tikanga in Peter Ellis case.
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21 February 2023

Purchasing a property - Should you rely on a report supplied by the vendor?

If you are purchasing a property we strongly advise you accept the additional cost and obtain your own LIM and builder's reports rather than rely on any reports supplied by the vendor. We give the reasons why.

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25 January 2023

Why You Should Have a Will

As we navigate through life, it’s important to think about the future and plan for the unexpected; one important step in doing this is having a current Will. We list four reasons why you should have a Will.

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8 December 2022

Land Covenants - How can irrelevant covenants be removed from the land?

It is common in New Zealand for properties to be subject to restrictive land covenants.

A land owner affected by a covenant may apply to the Court under the Property Law Act to have the Covenant removed from the affected titles. The Court may consider various factors when deciding whether to grant the application.

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20 October 2022

Property Speaking - Summer 2022

In the Summer 2022 issue of Property eSpeaking:

  • Negative equity on your property? Not necessarily a nightmare
  • Vendor obligations after signing an agreement for sale and purchase
  • Property briefs: Victims of domestic violence can terminate tenancies – Body corporate rules beefed up – Buying a property with unconsented works

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18 August 2022

Trusts eSpeaking - Spring 2022

Inside the Spring 2022 edition of Trust eSpeaking:

  • Trusts Act 2019 also affects executors and administrators of wills: mandatory and default duties explained
  • Wearing two hats in a family protection claim: get independent advice
  • When Lotto winners fall out: The importance of who gets what
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10 August 2022

Rural eSpeaking - Winter 2022

Inside the Winter 2022 edition of Rural eSpeaking:

  • He Waka Eke Noa: Recommendations with the government;
  • Crown Pastoral Land Reform Act 2022: Tenure review has ended;
  • Over the fence: Health and safety responsibility; Stock control bylaw changes; Live export contracts and force majeure clauses.
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22 June 2022

Property Speaking - Winter 2022

Inside the Winter 2022 edition of Property Speaking: Co-owning a property: Think about having a property sharing agreement; Land covenants: Rules on how you can use your land; Property briefs: Healthy homes standards have changed - Rent relief for commercial tenants - Rising interest rates causing anxiety.

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16 June 2022

Changes to Apartment Living - Unit Titles Act Update

Changes to the Unit Titles Act 2010 are due to come into force with the introduction of the Unit Titles (Strengthening Body Corporate Governance and Other Matters) Amendment Act 2022. The amendment Act will start when it is confirmed by regulations or on 9 May 2024.

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25 May 2022

Change to Government assistance for first home buyers

With the ever-increasing unaffordability in the New Zealand property market the Government has recently announced, via the 2022 Budget, changes on how it can assist first home buyers entering the property market.

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18 May 2022

Rural eSpeaking - Autumn

In the Autumn 2022 issue of Rural eSpeaking, our rural law newsletter: He Waka Eke Noa: Options out of the ETS for the primary sector; Forestry update: Challenges ahead; Over the fence: New minimum wage - Vaccine mandate ends: how this will affect the rural sector - Russia Sanctions Act: impact on the rural sector

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13 April 2022

Relying on Solicitor’s Approval Clauses

We often receive Agreements for the sale of a property which include a clause making the sale conditional on the purchaser’s or the seller’s solicitor’s approval of the Agreement. Clients often mistakenly believe that this condition allows them to withdraw from the purchase or sale if they have misunderstood the Agreement or something is wrong with the Agreement or, even if they change their minds, by instructing their solicitor to withhold approval.

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29 March 2022

Property Speaking - Autumn 2022

Inside the Autumn 2022 issue of Property eSpeaking: Resource consents: What are they and when do you need one?; Not sure of your boundary? Remedies if there is an encroachment; Property briefs: Updates to ADLS Agreement important for buyers and sellers - Building in the Covid landscape - Harsh CCCFA provisions relaxed.

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2 March 2022

Changes to the Standard Agreement for Sale and Purchase - Release of the 11th edition

The standard Agreement used for the sale and purchase of real estate in NZ was updated on 8 February 2022 with the release of the 11th edition of the Agreement. This latest edition has several changes.

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8 November 2021

Property Speaking - Summer 2021

Inside the Summer 2021 issue of Property Speaking: Disputes in contracts: Help is at hand if things go wrong with your build; Caveats: Protecting your interest in land; Property briefs: Impacts on property dealings during Covid in Levels 3 and 2 - moving, buying and selling; property inspections; rent relief for commercial tenancies; dispute resolution - Using your property as an Airbnb over the summer.

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10 October 2021

Assisting a family member to purchase a house?

Are you thinking about helping a family member by contributing towards their first home purchase? What is the best way to do this? The answer depends on your circumstances.

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6 September 2021

Selling a property – will you have to pay bright-line tax?

The bright-line tax rules were recently changed. Below are some key points you should know if you are considering selling your residential property.

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30 August 2021

Trust eSpeaking - Spring 2021

Inside the Spring 2021 edition of Trust eSpeaking: Buying your first home using KiwiSaver funds: But you’re already the trustee of a trust; Estate laws due for a shake-up; Britney Spears’ conservatorship: Could it happen in New Zealand?

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25 February 2021

Trust eSpeaking - Autumn 2021

Succession and trust law changes; Trustees' expenses; New trusts legislation now in force.

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18 November 2020

Farm Tenancies, Landlord Responsibilities and Healthy Homes

Farm owners providing accommodation to employees must comply with the Residential Tenancies Act 1986. If you’re a farmer and a landlord you’d be forgiven for feeling the latest changes to the Residential Tenancies Act might seem daunting.

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21 October 2020

Property Speaking - Summer 2020

Changes to the Building Act 2004 - Consents not needed for small builds; Understanding your property title - 'Estate' 'Ownership with others' and 'interests'; Property briefs: Allowing for COVID-related settlement delays; Residential Tenancies Amendment Act 2020 - three stages of changes; Reminder - Temporary COVID residential tenancies changes have ended.

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1 October 2020

Selling your property? Five key things to be aware of

There are a few traps for the unwary when selling a property. Here are five things you need to be aware of to avoid a costly mistake.

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3 September 2020

Preparing a Will in the digital age

A will is an extremely important document; it ensures your wishes are known regarding the treatment of your assets after your death. While tangible assets are given considerable attention, digital assets are often overlooked.

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24 August 2020

Buying and selling a house under COVID-19 levels 2 and 3

The rules around sale and purchase of real estate during COVID-19 alert levels two and three.

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20 August 2020

Trust eSpeaking - Spring 2020

Legal documents signed during lockdown; Trustees' decisions; Relationship property claims.

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25 June 2020

Agreement for sale and purchase of land must be signed by all trustees

When a trust is selling or buying property, if the agreement is to be legally binding without any argument being raised otherwise, it is important that all the trustees are named in the agreement and all the trustees sign it.

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18 June 2020

Six Tips You Should Know Before Buying Your First Home

Six tips for buying your first home.

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10 June 2020

Property Speaking - Autumn 2020

Adapting the agreements can help property developers - Helps mitigate risk; Agreement for Sale and Purchase of Real Estate - 10th edition contains significant changes for buyers and sellers; Property briefs: Update on Overseas Investments Act 2005; Refresher on privacy rights for tenants; Proposed residential tenancy changes.

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4 June 2020

Sunset clause in subdivision sale agreement passes reasonable person test

The subdivision process can take many months and even years to complete. Because of the time involved and potential for unexpected issues and delays, an agreement for sale and purchase of a property being subdivided should have additional clauses for the protection of both the developer and the buyer. One of these protections is a “sunset clause”.

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14 May 2020

The 3 most common reasons a Will can be challenged

Three common reasons why a Will can be challenged.

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30 April 2020

Buying or Selling Property ? What does the 10th Edition mean for you?

The standard Agreement for Sale and Purchase is used for the sale and purchase of the vast majority of properties in New Zealand - rural, commercial and residential. The 10th edition made substantial changes to the previous version. Some of the changes benefit the seller and some of them benefit the purchaser.

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16 April 2020

Residential Tenancies & Covid-19

This article provides an explanation of the current amendments to the Residential Tenancies Act 1986 (the Act) and the potential legal effect of the amendments to the Act and the Lockdown to your residential tenancies.

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19 March 2020

Can you rely on the seller's or agent's LIM report when buying a property?

Before you commit to buying a property it’s always wise to obtain a LIM report. You should also consider making your purchase agreement conditional on your approval of the LIM.

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27 February 2020

Trust eSpeaking - Autumn 2020

Inside the Autumn 2020 edition of Trust eSpeaking: Succession law in New Zealand - Law Commission to review conflicting inheritance laws; Enduring powers of attorney - How many people should you name as attonrys?; Claims on an estate - How much can a disinherited child expect?

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8 January 2020

Contracts and the officious bystander - implied terms must be obvious

Arguing terms should be implied into contracts after they have been made is rightfully beset with difficulty. Parties to contracts need certainty about what has been agreed.

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13 June 2019

Deed of Family Arrangement

A Deed of Family Arrangement (DOFA) is a document recording the distribution of an estate where this will not be made in accordance with the terms of the Will or the laws of intestacy.

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29 July 2019

Agreements to sell and buy subdivided land - the right to cancel

Agreements for the sale and purchase of land before it has a title are fairly commonplace. What is not often realised, however, are the conditions implied into such agreements under the Resource Management Act 1991 (the RMA). These conditions mean the agreement could be cancelled if certain milestones are not reached within the time frames specified in that Act.

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26 November 2017

The Deposit

A deposit under an agreement for sale and purchase is normally paid by the purchaser to show he or she is genuine in his or her desire to purchase the property - the purchaser could lose the deposit if he or she failed to complete the transaction once legally committed to do so.

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27 October 2016

Deeds, Agreements & Contracts - FAQ's 101

Why are some documents “Deeds”, some “Agreements” and some “Contracts”?

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2 August 2015

Rights of Way - rights and responsiblities

An easement is the right to use someone else’s land for a particular purpose. The 4th Schedule to the Land Transfer Regulations sets out the standard terms that apply to easements of right of way, rights to convey and drain water, rights to drain sewage and rights to convey electricity, telecommunications, computer media and gas created from 2002 onwards.

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26 February 2015

Sold! What happens to employees when a business is sold?

As a business owner you’ll want to maximise value in your business when you sell it. One way of enhancing value is to manage your employees carefully during the process.

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15 December 2014

Buying Land - The Value Of A Lim Report

It is a common misconception that you don’t need a LIM report when you buy bare land, or when the house and buildings have been signed off by Council. However, the value of a LIM report goes much further than that.

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15 December 2014

Paper Roads And Public Access

Paper roads are relatively widespread across New Zealand farmland. Although paper roads may be marked on survey plans, because they have not been formed, they are difficult to identify on the ground.

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15 December 2014

Forcing The Sale Of Property Owned With Others

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15 December 2014

Joint Tenancy VS. Tenancy In Common

Different forms of property ownership can have totally different consequences.

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28 November 2019

Problems before settlement - what are the buyer's options?

What can you do if you’re buying a property and find out there’s a problem before the settlement date - for example, there is a tenant in the property when the agreement says the property will be vacant, or the seller hasn’t done fencing work which they agreed to do? Are you able to refuse to settle until the issue is “sorted”?

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10 October 2019

Property Sharing Agreements

It’s a Kiwi dream to own our own home, but with the ongoing increase in house prices, New Zealanders are changing their approach to purchasing property, and also turning their minds to using property sharing agreements.

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10 October 2019

Skimpy document prepared without legal advice legally binding

It’s not uncommon for documents which have been prepared without legal advice to result in disputes about their interpretation, or even disputes as to whether the parties intended them to be legally binding.

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FOOTER_LOGO
Norris Ward McKinnon House, Level 7
711 Victoria Street
Hamilton 3204
Ph: 07 834 6000
Fax: 07 834 6100
Hakanoa House
172 Main Street
Huntly 3700
Ph: 07 828 7433
(Monday and Thursday, 9am-5pm)
Private Bag 3098
Waikato Mail Centre
Hamilton 3240
DX GP20022
All email enquiries
can be made to our
General Manager at
[email protected]
Connect with us
Facebook
LinkedIn
Photography by
Mark Hamilton.
Site Design by
Area Design
Terms and conditions
Privacy Policy
Contact Us

Since 1919