Property briefs – Summer 2021

The country is now out of its second lockdown with Auckland and parts of the Waikato in Level 3 with the rest of the country sitting at Level 2. Given the current uncertainty with how we can get on top of the Delta strain outbreak, let’s have a look at where this leaves us and our property dealings across differing alert levels.

Caveats

The Latin word ‘caveat’ literally translates to ‘let him beware’. In a legal sense, caveats are generally used to protect the proprietary rights of the person registering the caveat by stopping the registered owner of the property from transferring, mortgaging or otherwise dealing with the property.

Disputes in contracts

Welcome to the Summer 2021 edition of Property Speaking, and the last issue for the year.

Business briefs

Topics covered in this article: unfair contract terms regime extended to small business contracts; new sick leave provisions; changes to the retention money regime for construction contracts.

Lease vs licence

Leases and licences are common contractual arrangements. Although both are similar, there are crucial differences between them which can have significant implications for anyone who owns or occupies commercial premises.

Bonding agreements

Bonding agreements can be an incredibly useful tool for ensuring employers can recoup costs incurred for training staff.

conservatorship

Britney Spears’ conservatorship

The American entertainer Britney Spears’ conservatorship has recently been in the headlines. She is asking American courts to reconsider the conservatorship which has been in place for some years.

Gifford Devine Trust News

Estate laws due for a shake-up

The laws about the administration of estates are being reviewed by the Law Commission. Much of what has been proposed so far is uncontroversial but there are some recommendations that may prove unpopular, although they are likely to be refined during the Parliamentary process.

Buying your first home using KiwiSaver funds

The rules around the use of KiwiSaver have evolved over recent years as banks and other financial institutions have developed their understanding of the KiwiSaver regime.

Over the Fence

Over the fence – July 2021

On 31 May, the Climate Change Commission provided Parliament with its final advice on the New Zealand Emissions Trading Scheme before the government sets the first of three emissions budgets later this year. In this advice there was significant consideration on land use and the impacts of afforestation.