News and Helpful Articles

Buying or selling property in New Zealand? The Sale and Purchase Agreement sets out the terms of your deal and is legally binding once unconditional. This plain-English guide explains key clauses, common conditions, and why getting legal advice early can save you stress and money.

Before we start legal work for our clients, we are required to carry out Anti-Money Laundering and Countering Financing of Terrorism (“AML and CFT”) checks. We understand this can seem like an unnecessary and invasive step in engaging a lawyer. So why do we do this? Law firms are now required to complete these checks because they are significant targets for criminals to try to launder money through for the funding of terrorism and other illegal activities. How do we do this?

Before settlement, do a thorough inspection and checklist: test lights, doors and locks, taps and hot water, vents, drainage and fencing. Check all chattels listed in the agreement are present and working. Confirm any agreed repairs are completed, and clear belongings or rubbish before settlement to avoid issues later.

Relationship Property DIY – It can be costly! As they say at Mitre 10: “DIY…it’s in our DNA!” But, when it comes to dividing relationship property following separation, DIY can be a costly mistake. The Property (Relationships) Act 1976 sets out the law relating to the division of property in the event of separation. It lays out the general expectation of equal sharing between couples. The Act also provides that couples can make their own rules relating to the division of prop

We are in the middle of a construction boom, there are many new subdivisions being opened up and, well, as a rural land owner you often have quite extensive boundaries. Fencing them can be expensive. What are the actual legal requirements for a fence? Who contributes? Generally, if you want to build a fence on a common boundary with your neighbour, or upgrade an existing one, you can expect the neighbour to go halves on the bill for an "adequate" fence. That is, one that is

Buying your first home? No idea where to start? Sometimes we wish there was a hand to hold, or a map to read to get to our final destination- in this instance- the relief and satisfaction of having moved all your belongings into your very own home. We are here to help make that journey as smooth as possible (without physically holding your hand, sorry). Your first step is a financial process, working out what is going to be affordable for you. Talking to a mortgage broker

COVID-19 contactless services The response to Covid-19 lockdown has introduced new challenges for lawyers to work remotely and provide a contactless service, including signing legal documents. These restrictions will continue as we move into Level 3 this week. The process of signing documents and verification of identity must now be completed remotely in a secure and reliable way. For property law, that includes complying with the requirements of Land Information New Zealand

As of midnight, on Wednesday 25th March, an unprecedented number of NZ businesses were not able to access their business premises due to Government restrictions to prevent the spread of Covid-19. If your lease is on the current (sixth) edition of the Auckland District Law Society (ADLS) form of lease, it is likely to contain a “no access” clause allowing for a reduction in rent where there is an emergency and the tenant can’t gain access to the premises to fully conduct the

The Trusts Act 2019 , which came into effect in January 2021, introduced important changes affecting trustees and beneficiaries across New Zealand. If you’re a trustee or beneficiary in Pukekohe, South Auckland, or Waiheke, understanding these changes is crucial to ensure your trust complies with the law. Key Duties Imposed on Trustees The Act clearly defines mandatory duties that trustees must follow, some of which cannot be modified or excluded by a trust deed. These includ

Your will sets out your instructions on how you want your property, known as your estate, shared out when you die and how you want your dependants, such as your partner or children, to be looked after. Having a valid will in place when you die can reduce the amount of financial and emotional stress on your family, and can reduce the possibility of a dispute arising over your estate. If you are over 18 years of age and of sound mind, then you are able to make a will. There

Are you leasing the premises from which you run your business? The Landlord may require you to enter into a commercial lease recording the terms on which the premises are leased. Typically the following details are included in a commercial lease: The name of the landlord and the tenant. The name of the guarantor. The landlord may require you to personally guarantee the lease. A description of the premises to be leased. Whether car parks are included in the lease. The ter

A second mortgage is a loan which is secured by mortgage to the title of a property behind another mortgage (known as the first mortgage). The second mortgage comes second to the first mortgage in priority, meaning that, in the event the mortgagor (the borrower) defaults and the property secured by the mortgage is sold, the second mortgagee will only receive payment if there are funds left over after the first mortgagee is paid. While the popularity of a second mortgage saw