Tag: Property

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The new ADLS-REINZ agreement: Part 1

By Thomas Gibbons IntroductionAny change to the ADLS-REINZ Agreement for Sale and Purchase of Real Estate is usually something to suffer rather than savour. Hard work on understanding the changes is ahead. The agreement, now in its 10th edition, is in some ways a thing of beauty: a standard form that does…

Strata/Units and Urban Development

In late February and early March, the Australian College of Strata Lawyers (ACSL) held its conference in Auckland. New Zealand’s Unit Titles Acts (both 1972 and 2010) have drawn heavily on Australian models, and there is much to be learned from cross-jurisdictional study. This short article editorialises on some key…

The search for body corporate maintenance

Sometimes the needs of the many outweigh the needs of the few. Or the one. By this time, some will be thinking of Spock and Kirk. Some of JS Mill, more or less. And some will be thinking of body corporate maintenance. For that is the key message of recent court…

Rectification and indefeasibility of title

The equitable remedy of rectification of documents (expressly preserved by ss 22(3)(b) of the Contract and Commercial Law Act 2017) enables a court to correct a document so that it properly reflects the intention of the original parties to that document. The document in question need not be purely contractual –…

Cross leases and Re McKay

It would be nice to be able to say that cross leases are loved and hated in equal measure, but that simply isn’t true. The hate very much outweighs the love. Cross leases have many detractors, but few supporters. I am close to being a supporter, or at worst neutral. Cross…

Encumbrances, Indefeasibility, and Beyond

Four recent developments in property law command our attention; Clearspan and Encumbrances, Overseas Investment Act, Covenants and Green Growth, New Horizons for Torrens conference.

OIA and body corporate recovery

Overseas Investment amendmentsProperty lawyers rejoice! The select committee report on the Overseas Investment Amendment Bill has recommended that the part of the bill requiring practitioners to certify that a transaction complies with the Overseas Investment Act be removed. This removes a compliance requirement from lawyers (and let’s not forget, this…

From housing law to Airbnb

Housing law has seen a rapid pace of change over the last few years. Various pieces of legislation, case law, and law reform include: The Housing Accord and Special Housing Areas Act 2013, which creates a regime for the creation of special housing areas outside normal RMA processes. The Productivity Commission’s reports…

Overseas Investment Act Changes

Shortly after the coalition government was announced, it declared that one of its priorities was to restrict the purchase of houses by overseas buyers. There was some general surprise when it was announced that this would be by amending the definition of sensitive land in the Overseas Investment Act 2005,…

More on the new Land Transfer Act

My last update (A New Land Transfer Act, LawTalk 909, August) considered three key issues arising from the Land Transfer Act 2017: the new terminology of “record of title” (RT), the new “manifest injustice” test as an important exception to immediate indefeasibility, and covenants in gross (and the continued role…

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