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Category: Property & Real Estate

  • Tree Problem Got You Stumped?

    10 April 2019

    The law allows you to cut back any branches or roots from neighbours’ trees that are encroaching on your property. You can cut them back as far as the neighbour’s boundary. If the encroaching parts of the tree are causing any damage, you can remove the branches or roots and go to the Disputes Tribunal or District Court to claim the cost of doing the work and repairing the damage caused to your property.If your neighbours’ trees are dangerous or ...

  • Australian College of Strata Lawyers Comes to Auckland

    12 February 2019

    The Australian College of Strata Lawyers will be holding its 14th Annual ACSL Strata Law Conference in Auckland from 27 February to 1 March 2019. Vicki Toan and Philip Brown of Campbell Brown Planning Limited will be speaking on the topic of planning and strata law (unit titles law) and on intensification in Auckland.For more information see: https://acsl.net.au 

  • Body Corporate Fined for Wastewater Discharge

    12 February 2019

    Body Corporate 355972, the body corporate for a residential complex in Hamilton, has been fined $53,550 for discharging sewerage into the Kirikiriroa Stream in Waikato Regional Council v Body Corporate 355972 [2018] NZDC 23918.Body Corporate 355972 pleaded guilty to one charge of unlawfully discharging wastewater under the Resource Management Act 1991 after the complex’s private wastewater pumping station overflowed into the Kirikiriroa Stream (a tributary to the Waikato River).The wastewater pumping station serves 30 of the 107 dwellings in the ...

  • Changes to terminology in the new Land Transfer Act 2017

    30 January 2019

    While the main principles of the land registration system have been retained, the Land Transfer Act 2017 (the new Act) revises and modernises the Land Transfer Act 1952. The new Act  does this by adopting a range of reforms proposed by the Law Commission in its 2010 report.New terminology introduced under the new Act will require amendment to the ADLS-REINZ approved forms including the agreement for sale and purchase for land. Some of the changes to terminology under the new ...

  • Residential Land or Not?

    30 January 2019

    Amendments to the Overseas Investment Act 2005 (OIA) that restrict certain overseas people from buying “residential land” in New Zealand came into force on 22 October 2018.The effect of the amendments is to require overseas persons to obtain consent from the Overseas investment Office (OIO) under the OIA before they can buy residential land in New Zealand. The requirements are:the agreement for sale and purchase must be conditional on OIO consent, and OIO consent must be granted before settlement; or a pre-approved ...

  • Do I really need to sign a deed of lease?

    30 January 2019

    You have found the perfect premises for your business, and you sign up an agreement to lease drafted by the landlord’s agent. The agreement to lease is unconditional, and you are about to move into the premises when you are asked by the landlord to sign a deed of lease.What is the difference between an agreement to lease and a deed of lease?The agreement to lease and the deed of lease are different documents. An agreement to lease sets out ...