Helpful reading

Property Speaking | 09 Nov 2023

Alternative methods to sell your property

Auction and tender guide for sellers.

 

 

Property Speaking | 09 Nov 2023

Property briefs

This issue's business briefs are:

First Home Partner scheme: on pause;

Council delays for property developers;

Short-term accommodation;

Election impact on property issues;

Property Speaking | 09 Nov 2023

What happens if your builder goes bust?

Building a new home is an exciting process. It can, however, be quite daunting with risks of unexpected delays, cost increases and, in the worst scenario, your project going completely off the rails.

Property Speaking | 28 Jun 2023

Kāinga Ora First Home Partner scheme

In the Winter 2022 edition of Property Speaking we discussed what to consider when co-owning a property with friends or family. Another co-ownership option to consider is the Kāinga Ora First Home Partner scheme (FHP).

Property Speaking | 28 Jun 2023

Property briefs

This issue's property briefs are:

Unit titles legislative updates; 

First Home Grants thresholds increase;

Loan to value restrictions eased; 

Commercial ESpeaking | 25 May 2023

Business briefs

This issue's business briefs are:

Update on construction contracts retention regime; 

New obligations for businesses offering Buy Now Pay Later;

Large businesses may need to disclose payment practices; 

Are your T&Cs unfair?

Property Speaking | 20 Apr 2023

Storm damage to properties

With historic amounts of rain and flooding in many regions many properties have been damaged by flooding, landslides and silt. We give some advice on what landlords, tenants and buyers (who have not yet settled) can do should they be under an agreement.

Property Speaking | 20 Apr 2023

Subdivision consents

In the Autumn 2022 edition of Property Speaking we discussed different types of resource consents. Since then, the government has released a new National Policy Statement for Highly Productive Land to ensure that highly productive land is protected for use in land-based primary production.

Property Speaking | 20 Apr 2023

Property briefs

This issue's property briefs are:

Updates on legislation; 

Changes to LIM information;

Replacement of the Resource Management Act 1991; 

Property Speaking | 27 Oct 2022

Property briefs

This issue's property briefs are:

Buying a property with unconsented works; 

Body corporate rules beefed up;

Victims of domestic violence can terminate tenancies; 

Property Speaking | 20 Oct 2022

Vendor Obligations

A case heard in the Supreme Court earlier this year presents a cautionary tale for property sellers. For all sellers, this case signals that even though you have a signed agreement for sale and purchase, there is likely to be more for you to do than just wait for settlement day when money will change hands.

Property Speaking | 28 Jun 2022

Property briefs

Healthy homes standards have changed;

Rent relief for commercial tenants;

Rising interest rates causing anxiety for borrowers.

Property Speaking | 23 Jun 2022

Co-owning a property

For many, owning a property simply involves having your own name recorded on the title. There are some situations, however, where you might share property ownership with friends, family or business partners. 

Property Speaking | 22 Jun 2022

Land Covenants

A covenant is an instrument registered against land that governs how an owner or occupier can use their land. The land bound by the terms of the covenant is referred to as the ‘burdened land’ as that has the burden (although not all covenants are negative) of complying with the terms of the covenant. 

Property Speaking | 29 Oct 2021

Property briefs

The country is now out of its second lockdown with Auckland and parts of the Waikato in Level 3 with the rest of the country sitting at Level 2. Given the current uncertainty with how we can get on top of the Delta strain outbreak, let’s have a look at where this leaves us and our property dealings across differing alert levels.

Property Speaking | 29 Oct 2021

Caveats

The Latin word ‘caveat’ literally translates to ‘let him beware’. In a legal sense, caveats are generally used to protect the proprietary rights of the person registering the caveat by stopping the registered owner of the property from transferring, mortgaging or otherwise dealing with the property.

Property Speaking | 28 Oct 2021

Disputes in contracts

Building your own home or doing renovations can be a way to get exactly what you want in your residential property. Even with the best preparation and planning, however, there are things that can go wrong in a build

Property Speaking | 24 Jun 2021

Property briefs

Increases to income and price thresholds for First Home Grant.

Housing Acceleration Fund.

Kāinga Ora Land Acquisition.

Apprenticeship Boost.

Property Speaking | 24 Jun 2021

Clarity around fixtures and fittings

In December 2020, a commercial landlord and their tenant found themselves in the High Court arguing about who was responsible for replacing fixtures and fittings because their lease was silent on the issue. These types of disputes around fixtures and fittings in commercial leases are quite common.

Property Speaking | 24 Jun 2021

Recent property tax changes

In March 2021, the government announced three changes to property tax rules that are likely to affect anyone with residential property investments. The changes include extending the bright-line period from five years to 10 years, changing the main home exemption ‘test’ and removing the ability to deduct mortgage interest from rental income. 

Property Speaking | 22 Mar 2021

Reverse mortgages

The current combination of increasing living costs, rising house prices and low interest rates has seen more than property-seekers signing up to home loans. On the other side of the coin, some older homeowners are seeking ‘reverse mortgages’ from their lenders in order to release the growing equity in their property.

Property Speaking | 22 Mar 2021

Rent reviews in commercial leases

Negotiating commercial leases can involve a significant amount of crystal ball gazing – particularly when some leases can last decades. As recent times have shown, the landscape at the start of a lease can be miles away from the situation at the end of the lease.

Property Speaking | 22 Mar 2021

Property briefs

Is your property fully insured?

Stage 2 of the Residential Tenancies Act changes now in force.

Due diligence on a prospective tenant vs that person’s right to privacy.

Property Speaking | 21 Oct 2020

Understanding your property title

Before you buy a property it is important that you understand exactly what you are purchasing. Your property title records (or should record) all of the interests that affect your title. That way, you are fully informed about any rights or obligations you may have – before you buy. 

Property Speaking | 21 Oct 2020

Changes to the Building Act 2004

Changes to the Building Act 2004 came into force on 31 August 2020. 

Property Speaking | 21 Oct 2020

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.

Property Speaking | 22 Jun 2020

Commercial leases post-COVID

In the past three months, most landlords and tenants would have become more familiar with the details of their lease...>

Property Speaking | 22 Jun 2020

Property Briefs

Healthy homes standards compliance
Landlord alert - changes to commercial tenancies
Mortgages and loans for property owners ...>

Property Speaking | 22 Jun 2020

Residential tenancies post-COVID

Due to the COVID lockdown and the ensuing impact on the country’s economy, the government has made temporary changes to the Residential Tenancies Act 1986 ...>

Property Speaking | 07 Nov 2019

Commercial Leases

The Residential Tenancies Amendment Act 2019 came into force on 27 August 2019. This legislation affects both landlords and tenants...>

Property Speaking | 07 Nov 2019

Property Briefs

Frequent buying and selling of property tax rules under review, Buyers must take care when cancelling an agreement, First home buyer scheme changes...>

Property Speaking | 07 Nov 2019

Residential tenancies

The Residential Tenancies Amendment Act 2019 came into force on 27 August 2019. This legislation affects both landlords and tenants...>

Property Speaking | 07 Nov 2019

Leasing commercial premises

Commercial leases come in varying shapes and sizes. Whether you operate a transport business and need a place to park your trucks...>

Property Speaking | 01 Aug 2019

Property Briefs

Building report conditions and AML one year on

Property Speaking | 01 Aug 2019

Subdivisions

Subdivisions are more common than you think. A subdivision can range from the carving up of hundreds of acres of rural land for housing, developing land in a prime commercial area, selling half your quarter-acre section or simply wanting to extend your boundary a few metres.

Property Speaking | 01 Aug 2019

The secret lives of tenants

Following publicity in 2018 that some property managers were using the ‘KFC test’ to vet prospective tenants, landlords’ protection of their tenants’ privacy has come under scrutiny by the Privacy Commissioner.

Property Speaking | 17 May 2019

Property Briefs

Unit Titles Act 2010: are you complying? Healthy Homes Standards: what you need to know, Damage to your rental: who foots the bill?

Property Speaking | 17 May 2019

Looking for your first home?

The purchase of your first home may be more in reach than you think.

Property Speaking | 17 May 2019

Property sale and purchase

It’s essential that the sale and purchase agreement contains the correct wording, particulars and information in respect of the GST position of the parties to the agreement.

Property Speaking | 07 Aug 2018

Property Briefs

Warmer homes for Kiwis, Meth Contamination and Foreign Investment in Residential Property...

Property Speaking | 07 Aug 2018

The great lawyers’ fee debate

Lawyers’ fees are often a difficult subject to discuss. They shouldn’t be.

Property Speaking | 07 Aug 2018

Guiding your kids into flatting

Flat leases are really ‘residential tenancy agreements’. Agreements should be in writing, however, an unwritten agreement can sometimes be enforced. >

Property Speaking | 09 May 2018

Purchasing from a developer

There are risks associated with this popular type of purchase which many people are not aware of.

Property Speaking | 09 May 2018

Pre-purchase inspections

The final step before you settle your property purchase is to undertake a ‘pre-purchase inspection’. 

Property Speaking | 09 May 2018

Keeping NZ safe from money launderers

From 1 July, all law firms will be subject to the requirements of the Anti-Money Laundering and Counter Financing of Terrorism Act 2009.

Property Speaking | 09 May 2018

Bright-line test period extended

To help keep a lid on the property market, the Minister of Revenue recently announced an extension to the bright-line test period from two to five years.

Property Speaking | 09 May 2018

Is your rental safe and healthy?

New laws came into effect on 1 July 2016 that require landlords to make their properties safe and healthy for tenants. Does your rental property meet the new standard?

Property Speaking | 14 Nov 2017

Speak with us before you sign the agreement

Buying a house is known to be one of the most stressful times in your life, and competing with other would-be purchasers in a heated property market doesn’t help the stress levels... 

Property Speaking | 14 Nov 2017

Property Briefs

Tenants selling their business // Ticking the boxes on Sale and Purchase Agreements // Joint Tenants or Tenants in Common...

Property Speaking | 14 Nov 2017

Being an Airbnb host

Before becoming the host-with-the-most phenomenal reviews, it is important that you understand the IRD’s requirements and your obligations to your lender, insurer and local authority...

Property Speaking | 15 Aug 2017

Agreement to lease

An agreement to lease is an agreement between a landlord and tenant of commercial property. It gives the parties an opportunity to record their leasing arrangements before they are formalised in a deed of lease. Here's how to see if you are you making the most of it. >

Property Speaking | 15 Aug 2017

Tenants not paying up?

Renting out residential property is a great way to make some extra money, pay your mortgage off faster and build an investment nest egg. It can cause real frustration, however, when your tenant fails to pay rent on time. What are your rights when your tenants don’t pay up?  >

Property Speaking | 15 Aug 2017

Property briefs

Buying a house – are you covered? Hidden titles for safety under Domestic Violence Act; and Cross lease issues: ‘warts and all’ clauses... >

Property Speaking | 09 May 2017

Property briefs

Your KiwiSaver funds – more flexible than you might think; More on multi offers; and Grants available to insulate rental properties >

Property Speaking | 07 May 2017

Airbnb

Becoming an Airbnb host sounds like the perfect way to fund some overseas travel for yourself and rent out your home while you are away. But you should be aware of the key tax considerations. >

Property Speaking | 06 May 2017

Sharing a driveway

Many episodes of Neighbours at War told of disputes regarding shared driveways. Whether you currently own a property or you’re in the market to buy a property with a shared driveway, it pays to know your rights and obligations...>

Property Speaking | 02 Dec 2016

Don't rush the sale and purchase

Buying a house – on a stress scale of 1 to 10 (10 being the worst) – is said to be an 11. Don’t Rush into Signing an Agreement for Sale and Purchase. Always wait to get legal advice. >

Property Speaking | 01 Dec 2016

Get your wills and EPAs in order

You work hard to build up your assets over your lifetime, so you should decide what happens to them if you become incapacitated and when you die. Make sure you have a Will and EPAs. >