New Zealand Law Society - Guidelines

Guidelines

Property law related guidelines, which have been approved by the Law Society Board, can be found here.

Property Transactions and E-dealing Practice Guidelines

After 2 years of intensive review work, the new guidelines were endorsed by the NZLS Board in October 2019. A further update was completed in July 2020.

This version of the PLS Guidelines is designed to be read on-screen, with hyperlinks provided to other guidelines within the document, and to outside sources of information such as legislation and case law.

Previous Version of Guidelines

November 2019

The guidelines were previously updated in November 2019. A copy of this previous version can be found below:

Property Transactions and E-dealing Practice Guidelines (November 2019)

New and amended guidelines are listed below:

2.23 and 2.24 service of notices
3.15 (k) extended definition of leases
3.28 (f) release of deposit 
3.33 release of deposit 
3.4 (j) vendor warranty 
3.35 service of notices 
3.38 (a) reasons for non-satisfaction of conditions and evidence 
3.38 (e) deposit when agreement cancelled 
3.73 documents 
4.105 documents 
4.21 (a) evidence to support cancellation due to finance condition 
4.28 (b) proceedings under clause 7.2 
4.39 (e) release of deposit 
4.45 service of notices 
4.55 non-satisfaction of finance condition 
4.56 building report condition 
4.57 toxicology report 
4.58 OIA consent condition 
4.96 compensation 
5.9 settlement by bank cheque 
5.10 tender of settlement 
5.18 compensation 

Ownership and retention of records

These guidelines draw on an opinion by Andrew Beck. This was commissioned by the Law Society to provide guidance to New Zealand lawyers on the law and requirements relating to the ownership and retention of records on termination of retainer.

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