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.

The overall concept of a Trust is simple. It is an arrangement that allows for a third party (i.e., Trustee), to hold assets on behalf of and for the benefit of another person or persons (a beneficiary or beneficiaries). A trustee might be appointed by someone to hold property in a family trust (also known as an inter vivos trust) or alternatively may be appointed in a person’s will (testamentary trust) to hold property and undertake duties in relation to it after a person h

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

What is a Will? Your will is your last wishes detailing how you would like your assets to be distributed and who will look after the people you love. This legal document also specifies who you appoint to be responsible for carrying out these wishes when you are gone. Why do you need a Will? Everyone should have a valid will to ensure the management of your estate is handled with no complications and makes for an easy administration process following your death. If you pass w

This is not an unreasonable question to ask given the growing number of New Zealand homes which have tested positive for methamphetamine or “P”. The risk of a contaminated property affects property owners, buyers, sellers and tenants. If P is manufactured or used even once inside a property, this would be enough to produce a positive test result. It has been suggested that the level of toxicity and health risk posed to an occupier of the property is higher if P was manufactu

When purchasing a property, it’s advised a purchaser obtains a Land Information Memorandum Report (also known as a LIM Report). A LIM Report can be obtained from the local authority for a fee, and contains valuable information about the property such as soil contamination, plumbing, drainage, consents, licences, permits, rates, and zoning. When a property is being sold at auction, the real estate agent will often obtain a LIM Report and make it available to potential buyers.

In 2009, tenants Kenji and Tieko Osaki caused substantial damage to their rented home when Mrs Osaki left a pot of oil unattended on the stove, resulting in a fire breaking out through the property. The property was repaired through the landlord’s insurance, but the insurance company decided to take action to recover the cost of the damage from the Osakis. The case went through the Tenancy Tribunal, which held the Osakis liable. The Osakis appealed to the District Court wher

Auctions are now becoming a more popular method of selling property. However, vendors have a lot to consider before agreeing to go to auction. For example, vendors need to determine a reserve price, bidding increments and what happens if the reserve price is not met. Before the auction, the real estate agent will usually prepare the “Particulars and Conditions of Sale” (which, once signed, becomes the agreement for sale and purchase of the property). It is advisable to have a

Auctions are becoming an increasingly popular way to buy property. However, purchasing at auction is different from traditional methods, and buyers need to be well prepared. What You Need to Know About Buying at Auction Property sales by auction are unconditional . Once the hammer falls and the agreement is signed, both buyer and seller are legally bound to complete the purchase. Important Steps Before the Auction Buyers should conduct thorough due diligence before bidding, i