Property
Showing articles from
Final changes to the overseas investment regime now in force
The Overseas Investment Amendment Act 2021 came into force on 5 July 2021.
24.11.2021 Posted in Business Advice & Foreign Investment & Property
Unwanted Land Covenants and Easements: Seeking a Court Order
The Supreme Court recently considered an application by Synlait Milk to modify a land covenant restricting the burdened land use to farming, grazing and forestry operation to protect the ability of the benefited land owner to develop a quarry.  This article looks at the circumstances in which the courts might give relief to parties in an application to extinguish or modify a covenant or easement.
15.03.2021 Posted in Property
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
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
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
COVID-19: OIO Urgent measures – Coming soon!
The Overseas Investment (Urgent Measures) Amendment Act 2020 (“Amendment Act”) was passed on 28 May 2020 and received Royal Assent on 2 June 2020.  The majority of the Amendment Act will ...
COVID-19: Update on buying and selling property during alert level 3
The guidelines for Alert Level 3 have been issued and will be in place as of today, Tuesday 28 April 2020. New Zealanders are now able to move house during Alert Level 3, including moving between regi...
28.04.2020 Posted in COVID-19 & Property
COVID-19: Lease in default?  Rent not paid on time?
Intended PLA Law Changes during COVID-19
COVID-19: Buying and selling property during level 4
The imposition of COVID-19 Alert Level 4 lockdown (“Lockdown”) is adding stress to what is generally a stressful time for New Zealanders buying or selling their homes.  It has been said that an e...
15.04.2020 Posted in COVID-19 & Property
COVID-19: Rent abatements during level 4 – updated 14th April 2020
With the COVID-19 Level 4 Eliminate now in force, so that the part of the population not providing essential services must stay home, what is the position with the payment of rent and outgoings by tenants?
14.04.2020 Posted in Business Advice & COVID-19 & 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
Hesketh Henry Recommended in The Legal 500 Directory as a Leading Firm in 2018
Firm receives recommendations and commentary in 2018 Legal Directories
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
New Tax Statement Forms Causing Confusion for both Practitioners and Clients Alike
The questions contained in the new Tax Statements are causing confusion for both clients and conveyancing practitioners alike. 
15.12.2015 Posted in Property
TILED SHOWERS – DID YOU KNOW A BUILDING CONSENT MAY BE REQUIRED?
Tiled Showers have the potential to become the new "leaky" issue for unsuspecting vendors and purchasers. 
18.05.2015 Posted in Property
Selling your home when it is owned by a Family Trust
Why you need to make sure all trustees are consulted and in agreement before you sign an agreement to sell your home.
11.12.2014 Posted in Private Wealth & Property
Maintenance & Repair Obligations under a Commercial Lease
The extent of a tenant’s responsibility to maintain and repair their premises under a commercial lease is something that often causes concern for both landlords and tenants alike and is not alwa...
07.11.2014 Posted in Property
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
Rent Reviews – What can you do?
Rent reviews are a fairly frequent occurrence in most leases and often a source of disagreement between landlords and tenants as to what level the reviewed rent should be set at. If you have received ...
15.05.2014 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
Commercial Tenancies: Yield Up, Make Good & Reinstatement
Obligations to make good and reinstate a premises at the end of a lease are not usually at the forefront of the mind of someone who is about to enter into a new lease or take an assignment of an exist...
11.11.2013 Posted in Property
Commercial Tenancies – Parting with Possession
Obtaining landlord consent to an assignment or sublease of your lease is a standard requirement for commercial tenancies. While a tenant wishing to exit a lease will generally remain liable for the ex...
11.11.2012 Posted in Property
Selling a House You’ve Built or Renovated? What You Need to Know, Before You Sell
If you have done building work to a house you are selling, there is a good chance that the warranties in the standard agreement affect you as many types of work require a building consent.
11.11.2007 Posted in Property
Construction Contracts Act 2002 – Important Lessons Still Not Learnt Three Years On
The Construction Contracts Act 2002 ushered in a new approach to construction contracts and changed the balance of power between principal and contractors. The purpose of the Act is: to facilitate re...
11.11.2006 Posted in Property
Load More
Send us an enquiry
For expert legal advice, please complete the form below or call us on (09) 375 8700.
  • This field is for validation purposes and should be left unchanged.
-->