As a tenant or landlord under a commercial lease, your business will be affected by rent reviews during the life of your lease. Therefore, it is essential that you understand the most common types o...
Consultation underway on management of seismic risk of earthquake-prone buildings
Only a few days before the Wellington Girls College community learnt two levels of a building which had been extended in 1994 were just 15% of the new build standard (NBS), a bill to extend the deadli...
My cross-lease neighbour wants me to consent to their extension. Can I refuse?
From time to time a cross-lease property owner may be asked by their cross-lease neighbour for their consent to specific matters, such as proposed structural alterations or additions to their neighbou...
I have a land covenant (or an easement) registered on my title that restricts the use of my land. Can I get this removed?
Where land is subject to covenants and easements, owners might find themselves in a position where they are unintentionally or unknowingly in breach of a covenant or easement or have purchased land th...
If the term Build-to-Rent is new to you, you are probably not alone. Unlike countries such as the USA, UK and Australia where BTR is well established, the BTR sector is still emerging in New Zealand...
OIO Spotlight: Government issues new directive on foreign investment for build-to-rent housing developments
Earlier this year, the coalition Government announced that it would be introducing a new streamlined consent pathway for build-to-rent developments by way of amendments to the Overseas Investment Act ...
The challenging economic environment for New Zealand’s forestry industry continues, with China’s demand for our logs remaining subdued.
Moreover, in addition to the change in Government, t...
OIO Spotlight: Solar projects, exempted interests and farmland considerations
As New Zealand renewable energy developments continue to attract interest from global investors, we take a look at some recent approaches of the Overseas Investment Office in assessing consent require...
Last year we published an article titled The curious case of Sutton v Bell – How your de facto relationship status can impact your ability to restructure your property on the Court of Appeal decisio...
Developer Alert: OIO indicates discretionary exemptions may be possible for holders of Transitional Exemption Certificates
Developers of large apartment developments holding transitional exemption certificates (which are set to expire in August 2023) may be able to get a discretionary exemption from the OIO, which would a...
Property (Relationships) Act 1976 – Room for Three?
In the landmark decision of Mead v Paul ,[1] a question was posed to the Supreme Court regarding whether the Property (Relationships) Act 1976 (Act) applies to triangular polyamorous relationships. ...
Forestry is a strategically important industry for New Zealand and one which has traditionally received substantial amounts of foreign investment. In recent years, changes have been made to the over...
Fraudulent building consent documentation puts renewed attention on producer statements
Building consent authorities have been checking their records urgently to identify whether they have issued any ...
On 19 June 2023 the Government launched a consultation process around possible changes to New Zealand’s emissions trading scheme. Our Forestry Team looks at key features.
Cyclones, flooding and ot...
Extended timeframes for taking enforcement action on mortgage defaults and unpaid commercial lease rental will come to an end on 20 March 2023.
The extended timeframes were brought in by amendments to...
Fail to Plan, Plan to Fail: Leasing and Health and Safety
When the Health and Safety at Work Act 2015 (HSWA) came into force in April 2016 as part of the Government’s strategy to reduce serious work-related injuries, it marked an important shift in health ...
The curious case of Sutton v Bell – How your de facto relationship status can impact your ability to restructure your property
It may come as a surprise that how you deal with your assets, even before you are in a de facto relationship, can impact your property rights.
In Sutton v Bell [2021] NZCA 645, the Court of Appeal h...
Buying Property “Off The Plans” and Sunset Clauses
While buying a new build property “off the plans” might not suit every purchaser, in a rising property market these types of agreements give purchasers the ability to lock in the key commercial te...
Changes to the Residential Tenancies Act and what they mean for you
Relationships between residential landlords and tenants have recently had a shake-up with changes to the Residential Tenancies Act 1986 (RTA) which took effect on 11 February 2021. According to Associ...
After obtaining a formal survey, many New Zealanders may be surprised to find out that the fence between their property and that of their neighbours’ is not located exactly on the legal boundary. ...
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...
Fail to Plan, Plan to Fail: Leasing and Health and Safety
Fail to Plan, Plan to Fail: Leasing and Health and Safety
When the Health and Safety at Work Act 2015 (HSWA) came into force over 3 years ago as part of the Government’s strategy to reduce serious...
If you wish to dispute the market rent proposed by the landlord, you may wish to consider what evidence you need to substantiate your alternative proposed market rent.
Diminution of value or the cost of cure: assessing the “normal” measure of damages in leaky building claims
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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...