Property

Property Disputes

Overview
Highly experienced lawyers for a cost effective resolution to your property dispute

Hesketh Henry has more than 150 years experience in resolving property disputes in Auckland and around New Zealand. We have an unsurpassed knowledge of the local property market and the legal issues connected with different types of ownership interests in land.

We act for investors, landlords, commercial tenants, hotel operators, charitable trusts and private owners. Many of our clients have been in Auckland as long as we have – others are looking to invest in a dynamic and sometimes difficult market. Whether your issue arises out of a sale and purchase agreement or the terms of a lease, a dispute with your neighbour or body corporate, or a change in law that affects your property, we can help you find a solution. Our lawyers are experts in negotiation, mediation and – where necessary – both arbitration and litigation.

You can trust our people to achieve a timely and cost-effective resolution to your challenge.

Need advice on Property Disputes?
Contact the expert team at Hesketh Henry.
Examples

Examples of work completed by our team include:

  • Advising a large commercial chain as to their rights under a lease following significant damage to the leased premises during the original Christchurch earthquakes, and assisting with negotiating a commercial settlement with the landlord;
  • Acting for a developer company defendant, and its sole director, in multiparty construction proceedings concerning subsiding residential properties;
  • Advising the purchasers of a residential property, which was subsequently discovered had various building defects, in a claim against the vendors and pre-purchase inspector, and attending a mediation which settled the claim; and
  • Representing a Korean developer in relation to payment claim issues with one of its contractors for a multi-unit residential development.
Key Contacts
Recommendations
Dispute Resolution Team ranked Tier 3 the latest Legal500 Asia Pacific Directory 2021.
Recognised in The Asialaw Profiles Directory 2021.
Publications
Events

Insights & Opinion / Property Disputes

Contractors, Caveats, and Retention of Title clauses
The High Court in Development Construction Company Ltd v Mackenzie [2021] NZHC 546 has confirmed  that retention of title (RoT) clauses do not provide contractors with a caveatable interest. This dec...
20.04.2021 Posted in Construction & Disputes
My way or the highway: repudiation, cancellation and dispute resolution clauses
In Jade Residential Ltd v Paul, the Court of Appeal reviewed two issues which may arise in contractual disputes: The right to cancel a contract for “partial” repudiation; and Whether an aggrieved...
19.11.2020 Posted in Construction & Disputes & Property
Leaking Buildings: A Council Class Action In The Making?
We are now on what may be called the “third wave leaky buildings”.
23.05.2018 Posted in Construction & Disputes & Property
Investment Properties Vulnerable to Relationship Property Claims
It is important to understand that if the Property (Relationships) Act applies
18.02.2016 Posted in Disputes & Private Wealth
Presumed Built When Certified
John Anthony Osborne and Helen Osborne v Auckland Council On 10 June 2014, the Supreme Court delivered a decision on the eligibility criteria under s 14(a) of the Weathertight Homes Resolution Servi...
30.06.2014 Posted in Construction & Disputes
Cladding manufacturers and leaky schools – sufficiently close to care?
Introduction The Minister of Education and others, including four school boards of trustees, issued proceedings against Carter Holt alleging its cladding product, called shadowclad and installed in v...
21.05.2014 Posted in Construction & Disputes & Property
Diminution of value or the cost of cure: assessing the “normal” measure of damages in leaky building claims
Download full article Johnson v Auckland Council [2013] NZCA 662 Mr and Mrs Johnson purchased a leaky home in a mortgagee sale.  They were aware at the time of purchase that the house might leak.  T...
03.02.2014 Posted in Construction & Disputes & Insurance & Property
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