Property Law

Buying into a residents’ society: due diligence essentials

When purchasing a property, buyers often focus on the title, LIM report, building inspection and finance arrangements. However, from a property law perspective, there is often another layer of ownership and responsibility that can be just as important: the residents’ society. Residents’ societies have become increasingly common in New Zealand subdivisions, particularly for townhouse developments …

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Granny flats exemption: introducing the 70m² consent exempt rule

From 15 January 2026, New Zealanders can build one small, standalone, single‑storey dwelling up to 70 m² (often called a “granny flat”) without a building consent, provided every condition of the new national exemption is met and the required process is followed. At the same time, a new National Environmental Standard allows one detached minor residential …

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Property Law Act 2007: Mortgages Over Land – Default Notices

What happens when a mortgagor defaults and when can a mortgagee exercise a power of sale In circumstances where a loan advance is secured by a mortgage over land and the borrower (Mortgagor) defaults in their payment or other obligations owed to the lender (Mortgagee), the Mortgagee’s right of action against the Mortgagor becomes exercisable, …

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Overseas Investment Act reforms: what you need to know

What’s changed under the Overseas Investment Act? Significant reforms to New Zealand’s overseas investment regime came into force on 6 March 2026, marking a shift toward a more streamlined, risk‑based approach to overseas investment. The changes are intended to reduce processing times for low‑risk investments, while retaining appropriate scrutiny of transactions that may affect New …

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Before you sign: what to know about assigning a commercial Lease

What is an assignment of lease? Taking over a commercial lease is not the same as signing a new one. An assignment of lease places you into an existing legal relationship with all its history, obligations, and risks. Commercial lease assignments commonly arise during business sales or relocations and are often completed under time pressure. …

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Room to Grow: the future is infill

Why infill housing matters As New Zealand’s towns and cities grow and land becomes scarce, infill housing is becoming an increasingly important part of urban development and property planning in New Zealand. Infill development encourages vibrant and inclusive communities by offering a range of housing choices, like duplexes, townhouses or apartments, close to existing amenities …

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Fee Simple or Cross Lease titles: key differences and the process for converting

Cross Lease vs Fee Simple ownership If you own land or are considering purchasing property, understanding the differences between cross lease and fee simple titles is essential. Different estates come with unique characteristics that can affect how you use and manage the property. In New Zealand, there are several different land estates, each with its …

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Changes to the Public Works Act: additional compensation on the table for landowners

What’s changed under the Public Works Act? The Government recently introduced changes to the Public Works Act 1981 that provide additional compensation for eligible landowners whose land is acquired for major infrastructure and projects. These projects are generally roading projects, based on those listed in the Fast-track Approvals Act 2024 or are identified as Roads …

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