Privacy for residential tenancies continues to be a hot topic.Recently a tenant was awarded $1,500 due to her tenancy being terminated in a retaliatory move by her landlord following a privacy breach by a tradesman. During bathroom renovations, the tradesman entered the tenant's bedroom – reportedly to find out why some ducks were quacking outside the property. After the tenant refused to allow the tradesman to return to the property, the landlord terminated her tenancy. The Tenancy Tribunal ordered the landlord to pay compensation to his tenant as he had failed to provide sufficient instructions about which areas of the house the tradesman could/should not enter. Read more…

An overseas investor attempting to circumvent the requirements of the Overseas Investment Act 2005 has received the first criminal conviction under that legislation. In February 2020, Dr Won Joo Hur was fined $100,000 for falsely stating to the Overseas Investment Office (OIO) that a property was not purchased on his behalf and providing a false loan document to support his version of events. Read more…

10th edition contains significant changes for buyers and sellers

  • The Auckland District Law Society and the Real Estate Institute of New Zealand (ADLS & REINZ) are the authors of the most common template Agreement for Sale and Purchase that is used by the majority of lawyers and real estate agents throughout New Zealand. In November 2019, ADLS & REINZ released the 10th edition of the agreement with changes that impact and benefit both buyers and sellers.  Read more…

Helps mitigate risk

There has been recent media attention on the way property development contracts are structured following the cancellation of a number of Agreements for Sale and Purchase by the developers of a project in Tawa, just north of Wellington. Reportedly, the developers said that without being able to cancel the existing agreements, the companies establishing the development would have otherwise faced liquidation and the development would have been halted. Read more…

First home buyer scheme changes

In the Winter 2019 edition of Property Speaking, we outlined schemes available to help first home buyers. Following the government's announcement on 4 September 2019 of changes to the schemes, some schemes have been re-named: Read more…

The proposed purchaser of a Dunedin property is at least $150,000 out of pocket after improperly cancelling his agreement. The outcome in the recent court case Strack v Grey [2019] NZCA 432 warns buyers to take a diligent approach to conditions in an agreement for sale and purchase of property. Read more…

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