Tag Archive | "Property Law"

Unit titles – who pays?

he Court of Appeal looks at how costs for remedial works should be shared at Auckland’s Shangri-La apartments. Wikipedia notes Shangri-La is meant to be a “permanently happy land”, not so Auckland’s Shangri-La. The Court of Appeal was asked by the body corporate (i.e the owners) to look at:

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Enforceability of non-competes or restraint of trade covenants

Recently a US client asked me whether New Zealand Courts enforce non-compete/restraint of trade covenants (Non-Competes) against the sellers of New Zealand businesses. If New Zealand law governs the agreement, the short answer is: yes, to the extent the Non-Compete is “reasonable”.

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New Health and Safety Regime

Next month the Government will begin to introduce a new Health and Safety (H&S) regime in its bid to achieve a 25% reduction in workplace fatalities and serious injuries by 2020. As a result, most businesses will need to immediately up skill, perform due diligence and then implement the necessary change in order to be compliant by the go-live date of 1 April 2015

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Don’t make Council’s problem yours

Earlier this year the Christchurch Council lost its accreditation as a building consent authority. It failed to meet criteria necessary for the accreditation.

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The new NZS 3910:2013 standard form building contract has been published

Most residential property developers use the NZS 3910 standard form of building contract. It’s used for infrastructure works for a subdivision or for building high-rise apartments.

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Developers – are you going to join the body corporate committee?

Developers commonly become members of the body corporate committee, especially if units remain unsold or it is a staged development, so as to retain control.

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Let the Seller Beware

Agents and lawyers – they have always been down the list in the popularity stakes. Property developers have not fared much better. Real estate agents have been working hard to improve their rankings. It’s impacting on sellers of property in an unexpected way. REAA looks out for the consumer – the buyers and sellers of property.

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Pre-sales that are bankable enough for the bank, flexible enough for the developer and sound enough for the buyer

It’s tricky – anticipating what the bank will want; especially if your plan is to change lenders once development funding is needed. It definitely involves wearing a banker’s hat.

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What to look out for when buying apartments off the plans

The increasing demand for housing in Auckland has fueled a return of residential apartment developments. The availability of affordable apartments could be seen as a welcome relief to those struggling to get their foot in the rising Auckland property market.

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Attention Auckland real estate agents

Introducing propertyROOM.co.nz. A way to ensure potential buyers of residential property receive proper explanations about issues in the title and LIM reports. Read more about the propertyROOM here.

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Consumer Law Reform

The Consumer Law Reform Bill is almost ready to be passed into law. The Commerce Commission signals the new law might be in place as early as 1 October 2013. It will change the way we all do business and enlarge consumer rights. All businesses, especially those that sell to the public, will need to be across these changes.

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Limitation periods

Limitation periods are relevant to all sorts of issues you come across each day. For any new contracts that are currently being negotiated and for any acts or omissions that occurred after 31 December 2010, the Limitation Act 2010 applies.

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Earthquake Strengthening Policy Challenged

We understand that the Insurance Council of New Zealand is seeking judicial review of the decision by the Christchurch City Council to adopt its Earthquake Prone Dangerous and Insanitary Buildings Policy 2010.

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The 12 key changes in the new ADLS 6th Edition Deed of Lease

Changes to the ADLS 6th Edition Deed of Lease that help the landlord:

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Unit Titles Act 2010

The Department of Building and Housing has published a Unit Titles Amendment Bill consultation document dated 20 November 2012. They are seeking views on some proposed amendments to the Act and Regulations. Written submissions are due by 1 February 2013.

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Council’s new duty of care – Part 2

Buller District Council and Swordfish Co Limited, a property developer, have been before the High Court a couple of times debating whether or not the council owes a duty to take reasonable care in issuing its s224 certificates and registering consent notices.

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