Property

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Rent reviews
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...
24.10.2024 Posted in Property
iStock
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...
22.08.2024 Posted in Construction & Property
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...
25.06.2024 Posted in Property
Contract stock edit
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...
25.06.2024 Posted in Property
Building Permit
Build-to-Rent (BTR) Basics
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...
26.04.2024 Posted in Property
Construction Framework Wide BW
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 ...
16.04.2024 Posted in Corporate & Commercial & Property
Forestry Unsplash ruben hanssen wl ylTCM
Forestry: Regulatory Roundup March 2024
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...
25.03.2024 Posted in Forestry & Property
solar
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...
property division concept
Supreme Court unanimously dismisses relationship property appeal. 
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...
16.08.2023 Posted in Private Wealth & Property
Commercialbuildingsblackandwhite
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.  ...
18.07.2023 Posted in Disputes & Private Wealth & Property
HH Pg  Forrest uncropped
Pathways for Foreign Investment in NZ Forestry
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...
18.07.2023 Posted in Foreign Investment & Forestry & Property
iStock  Construction dpi
Producer Statements Under Scrutiny
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 ...
12.07.2023 Posted in Construction & Disputes & Property
ETS Scheme Consultation Commences
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...
retirement
Retirement Village Law under Review
Is the current Retirement Village legislation fit for purpose and is it unfair to residents?
22.06.2023 Posted in Property
macro gdfd
Property Law Act COVID Extensions to End in March
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...
03.03.2023 Posted in Property
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 ...
22.02.2023 Posted in Health & Safety & Property
HH Pg  Wave alternative
As Our Dunes Retreat, Will Insurance?
It’s the quintessential Kiwi dream – owning a property only a stone’s throw from the sea.
03.02.2023 Posted in Climate Change & Construction & Disputes & Insurance & Property
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...
15.12.2022 Posted in Private Wealth & Property
Contract Pen Wide
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...
30.11.2022 Posted in Construction & Property
Final changes to the overseas investment regime now in force
The Overseas Investment Amendment Act 2021 came into force on 5 July 2021.
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...
09.03.2021 Posted in Property
Coloued picket fence
Fencing Disputes: Neighbours and Notices
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.  ...
04.03.2021 Posted in Property
Gavel
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
Property
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...
13.08.2019 Posted in Health & Safety & 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
Reception
Hesketh Henry Recommended in The Legal 500 Directory as a Leading Firm in 2018
Firm receives recommendations and commentary in 2018 Legal Directories
Reception
Hesketh Henry Recognised in Legal 500 Asia Pacific 2017 Legal Directory
Recognised in Legal 500 Asia Pacific 2017 Legal Directory
Update – Rent Reviews……..What Can Tenants Do?
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.
29.03.2016 Posted in 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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