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NZ Winter

News and views

Read about legal matters affecting Kiwis today and keep up to date with the latest news and upcoming events.
  • house icon

    Buyers need to undertake thorough investigation

    A recent High Court case shows that, in some circumstances, buyers of a property cannot rely totally on a code compliance certificate, but may have to undertake further investigations themselves. This will have implications for agents in circumstances where buyers ask them whether the purchase should be conditional on a builders report.
    Residential property Buying residential property
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    High Court Clarifies Extent of Agent's Obligations and Liability

    The High Court, in a recent case (Quin v the Real Estate Agents Authority [2012] NZHC), has discussed what obligations an agent has to explain defects to a potential purchaser. It has also clarified whether a Complaints Assessment Committee (“CAC”) can order an agent to pay damages if there is a breach of those obligations.
    Residential property Buying residential property
  • house icon

    Squatters Rights

    About two years ago, the Queenstown Lakes District Council started trying to track down the descendants of 17 sections in the Cardrona Valley which had been abandoned. This was triggered by an incident in 2008, when a couple of people tried to claim ownership of two sections opposite the Cardrona Hotel by fencing them off and putting signs on the fences claiming the land was private property.
    Residential property Developing residential property
  • house icon

    High Court Case Interprets Extents of Restrictive Covenant

    Most developers in recent years have placed land covenants (also called restrictive covenants) on the titles to the lots in new subdivisions. These are intended to restrict what can be built on the property, and in some cases what the property can be used for. The recent High Court case of Whittiker v Jericevich looked at the extent of a restrictive covenant.
    Residential property Buying residential property Selling residential property Developing residential property
  • house icon

    Summary of changes to REINZ/ADLS form of agreement for sale and purchase

    The new 9th Edition 2012 form of Agreement for Sale and Purchase of Real Estate was released yesterday.

    Residential property Buying residential property Selling residential property
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    Can a buyer sue for a breach of warranty when the buyer has not carried out a proper due diligence?

    A recent High Court case looked at the question of whether buyers under a purchase agreement can sue for damages for a breach of warranty by the sellers when the buyers had not carried out a proper due diligence under a due diligence condition, and where proper due diligence would have exposed the error in the warranty.
    Residential property Buying residential property Selling residential property
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    Due Diligence Conditions – What Are The Buyer's Obligations?

    Buyers are generally required to use reasonable efforts to satisfy any condition in a sale and purchase agreement which is included for the benefit of the buyer. Some buyers include a ‘due diligence’ condition in an agreement in the belief that this will give them a right to cancel the agreement for any reason whatsoever.
    Residential property Buying residential property
  • Aspiring law icon

    Supreme Court Confirms That Council Liable if LIM is Wrong

    In a recent decision, the Supreme Court has confirmed that if a Council negligently includes incorrect information in a Land Information Memorandum, and the person who ordered the LIM relies on that incorrect information, the Council will be liable for any loss that person suffers as a result.
    Residential property Buying residential property Commercial property Buying commercial property

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