Hobec x Lysaght Event – Cross Lease to Freehold

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 unit per site in most zones without a resource consent, if standard planning criteria are met. These two regimes operate side by side and you must comply with both. What changed in 2026? Two separate legal changes now apply. 1. Building consent exemption (Building Act 2004) You may build a small, standalone dwelling up to 70 m² without a building consent if: the design and construction meet all exemption conditions; and the work is done or supervised by licensed building professionals (“LBPs”), and licensed plumbers, drainlayers, gasfitters and electrical workers. Before work begins, you must obtain a Project Information Memorandum (“PIM”) from your council. When the build is completed, you must submit final documentation to the council for its records. Councils do not inspect exempt work and do not issue a Code Compliance Certificate, but they will hold your documents on the property file. 2. Planning rules: National Environmental Standards for Detached Minor Residential Units (“NES DMRU”) The Resource Management (National Environmental Standards for Detached Minor Residential Units) Regulations 2025 make one detached minor residential unit per site a permitted activity in most residential, rural, mixed use and Māori purpose zones, provided national standards are met. These national standards cover: maximum size (≤70 m²); boundary setbacks; site coverage; and compliance with relevant district and regional plan rules (for example, natural hazards or infrastructure constraints). Councils may be more lenient than the national standards, but cannot be stricter. If any national standard or district/regional plan rule is not complied with, a resource consent is required. Why this matters? MBIE estimates that the 2026 changes can: save around $5,650 in direct consenting costs; and reduce build timelines by approximately four weeks. However, owners and professionals now carry greater responsibility for Building Code compliance, documentation and quality assurance. Councils may still collect development contributions at the PIM or notification stage. The essentials you must meet to be eligible for the exemption 1. Form & size The dwelling must: be new, detached and single storey; be no more than 70 m² internal floor area (an internal garage is allowed); not have a mezzanine floor. 2. Siting & placement (planning rules) Under the NES DMRU, one unit per site is permitted if the national standards are satisfied. These typically include: a maximum size of 70 m²; site coverage caps (often no more than 50% in residential zones); and boundary setbacks (commonly at least 2 metres in residential zones). District Plans may allow more generous rules, so always check your council’s website and your PIM for site specific requirements, overlays and hazards. 3. Structure & materials Construction must be simple and lightweight (e.g. timber or light gauge steel framing, lightweight roof, wall claddings within weight limits). Heavy, complex or experimental systems will usually trigger the need for a full building consent. 4. Building Code still applies The NZ Building Code applies in full. There are no waivers under the building consent exemption. All restricted building work must be carried out or supervised by LBPs, and designers must provide a certificate of work and builders and trades must provide records of work. 5. Process & paperwork Before construction: Apply for and receive a PIM using Form 2AA (a new prescribed form). During construction: LBPs must build to the plans and specifications, supervise unlicensed workers and keep records. On completion: Within 20 working days, submit final plans, certificates of work, records of work and trade certificates to the council. These documents are added to the property file and LIM. No code compliance certificate is issued for an exempt build. Where do people go wrong? Skipping the PIM: starting work without one disqualifies you from the building consent exemption. Failing NES DMRU standards: breaching setbacks or coverage rules means a resource consent is required. Failing to meet Council standards: compliance with the NES DMRU permitted activity standards on its own is not enough. You need to ensure compliance with district/regional plan rules. Over‑complex design: features such as wet‑room tiled showers, level‑entry detailing or solid‑fuel burners may fall outside the “simple build” intent and trigger consent. Poor documentation: missing certificates or records of work can affect insurance, financing, valuation and resale. Unexpected fees: councils may still charge costs at the PIM or notification stage. How can we help you with this process? 1. Site due diligence (before design) We review titles, easements, covenants, encumbrances, cross‑leases and unit titles to identify restrictions on a second dwelling. We also check LIM notices and assess NES DMRU standards alongside district plan rules, including natural hazard constraints. 2. Planning strategy and NES DMRU compliance If a proposal does not meet a national standard or a rule in a district plan (for example, a boundary setback), we advise on options. 3. Contracts with designers/builders (and LBPs) We review contracts to ensure risk is allocated appropriately and ensure: quality assurance checkpoints; delivery of all certificates and records of work; insurance, warranties and variation controls; and contract terms reflect the no inspection exemption pathway. 4. Wider advice: tax/tenancy, ownership, asset planning For family occupation, we can document occupancy arrangements and advise on trusts, companies, co‑ownership or future subdivision pathways (noting subdivision rules are separate).

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, entitling the Mortgagee to take steps to enforce its mortgage security to recover the outstanding loan amount. The exercise of a Mortgagee’s rights and powers against a Mortgagor in default are governed by strict requirements under the Property Law Act 2007 (Act) and are subject to the terms of the underlying loan agreement and/or security documentation (together, the Loan Agreement). Importantly though, any term of a Loan Agreement that conflicts with certain provisions of the Act is considered ineffective and unenforceable – these provisions of the Act cannot be contracted out of and will prevail over any inconsistent terms in a Loan Agreement. Notice Requirements When a Mortgagor is in default of the terms of their Loan Agreement, the rights and powers conferred on the Mortgagee are considerable and can have a significant impact on a Mortgagor. Therefore, a Mortgagee may only exercise its powers of enforcement after giving valid and effective notice to the Mortgagor of the default, or defaults, (Default Notice) and the Mortgagor has been given an opportunity to remedy the default(s) within a specified period of time from service of the Default Notice (the Remedial Period). Thus the Act provides statutory safeguards against arbitrary enforcement action by a Mortgagee against a defaulting Mortgagor, whilst preserving and codifying a Mortgagee’s rights and powers. The Act specifies that a Default Notice must “adequately inform” the Mortgagor of: the nature and extent of the default; the action required to remedy the default (if it can be remedied); the timeframe in which the default must be remedied, being not less than 20 working days (or 60 working days in certain circumstances) after service of the Default Notice on the Mortgagor; and the consequences that will follow if the default cannot be or is not remedied within the timeframe specified. Mortgagee’s Powers If a Default Notice has been issued, and following expiry of the Remedial Period the default remains unremedied, the Mortgagee becomes entitled to exercise its “powers” by doing any or all of the following: selling the mortgaged property or any part of it (commonly known as a mortgagee sale); entering into possession of the mortgaged property; appointing a receiver to manage the mortgaged property and recover income from the mortgaged property; and/or calling up as due and payable all amounts secured by the mortgage prior to the term expiry date (in circumstances were the term of the loan has not yet expired). Any attempt by a Mortgagee to exercise such powers prior to issuance and expiry, without remedy, of a Default Notice will be unlawful and can expose a Mortgagee to a claim for damages and/or injunctive relief by the Mortgagor. For this reason, a Mortgagee seeking to exercise its powers against a Mortgagor in default must take care to ensure strict compliance with the notice requirements in the Act. Acceleration Most standard form loan agreements contain an “acceleration clause” providing that on default by the Mortgagor all amounts secured by the mortgage become payable, or may be called up as payable, earlier than would be the case if the Mortgagor was not in default. So, for example, a Mortgagee and a Mortgagor have agreed that the term of a loan is 20 years from the date of advance of the principal sum, meaning the Mortgagor has 20 years to make scheduled repayments of the principal sum plus interest, costs and any other charges. The Mortgagor agrees to make fortnightly repayments to the Mortgagee during the term of the loan. However, five years into the 20 year term, the Mortgagor defaults in their obligations by failing to make the agreed fortnightly repayments when due. This means the Mortgagee is contractually entitled to “accelerate” the repayment of the loan by requiring the Mortgagor to repay the full principal sum (together with interest, costs and other charges) immediately, without having to wait for the 20 year term to expire. However, before a Mortgagee can rely on an acceleration clause, a valid and effective Default Notice must first be issued to the Mortgagor and have expired without remedy. Extended Remedial Period In most cases, the minimum Remedial Period will be 20 working days after the date of service of the Default Notice. However, in situations where the Mortgagor has defaulted in repayment of the principal sum on the term expiry date but has continued to pay interest, and the Mortgagee has accepted those interest payments, for a period of three months or more after the term expiry date (and so long as there are no other defaults existing) then the Default Notice must allow a Remedial Period of at least 60 working days after service, before the Mortgagee may exercise its powers of enforcement. Service A Mortgagee will be expected to prove that it has formally served the Mortgagor with a Default Notice, which has expired without remedy, before the Mortgagee is entitled to exercise any of the powers. In addition to service of the Default Notice on the Mortgagor, the Act requires that other specified parties be served with a copy of the Default Notice, but only if the Mortgagee as actual knowledge of those parties’ names and addresses. The parties required to be served include any former mortgagor, covenantor/guarantor, subsequent mortgagee, any holder of any other subsequent encumbrance, caveator or any person who has lodged a notice of claim under the Property (Relationships) Act 1976. Because a Mortgagee’s right to exercise its powers only becomes available following service of a Default Notice and expiry of the Remedial Period, the Default Notice must be validly and effectively served on the Mortgagor (and any other person required to be served). Compliance with the service provisions of the Act is mandatory and failure to adequately serve a Default Notice has the potential to restrict or delay the Mortgagee exercising its powers. Such a failure also allows scope for a Mortgagor to challenge the Default Notice and/or seek to prevent or injunct the Mortgagee’s exercise of the powers. Such steps can result in a Mortgagee having to restart the process of serving a Default Notice, costly delays, Mortgagee liability and/or litigation. A Mortgagor served with a Default Notice should contact the Mortgagee and seek legal advice without delay. Usually by the time a Mortgagee issues a Default Notice the Mortgagor has been in default of its obligations under the Loan Agreement for some time and the Mortgagee’s previous requests for remedy have been ignored. In our experience, proactive engagement by a Mortgagor is much more likely to lead to the parties being able to find mutually acceptable solutions. Holland Beckett can provide advice and assistance to Mortgagees and Mortgagors in respect of their rights and obligations under the 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 Zealand’s national interest. Key changes include a revised purpose statement, a new national interest test and consent pathways, and a new ability for certain investor visa holders to purchase high‑value (>$5m) residential property. Revised purpose statement The purpose of the Overseas Investment Act 2005 has been updated to more clearly recognise the role overseas investment can play in increasing economic opportunity in New Zealand, while reaffirming that overseas ownership or control of sensitive New Zealand assets remains a privilege rather than a right. This change signals a more facilitative policy stance, particularly for lower‑risk investments, without reducing the Government’s ability to manage risks to New Zealand’s national interest. $5 million‑plus house pathway for qualifying investor visa holders From 6 March 2026, holders of certain investor‑class residence visas may apply for Overseas Investment Office (OIO) consent to buy or build a single residential property in New Zealand valued at $5 million or more. This pathway is available to holders of: Active Investor Plus visas Investor 1 visas  Investor 2 visas Key features of the pathway include: OIO consent must be obtained before acquiring the property (or the agreement must be conditional on consent). The pathway can only be relied on to acquire one residential property. Eligible visa holders can only purchase land that is categorised as ‘residential’ or ‘lifestyle’ under the district valuation roll, and not ‘sensitive’ for any other reason. This would exclude, for example, rural lifestyle blocks over 5 hectares, residential land on certain islands, or residential land adjoining the foreshore. The Overseas Investment Act does not restrict how the house is used, and it may be lived in, used as a holiday home, or used for business purposes. The property may be purchased through a company or a trust, but there are limits on who can hold ownership or control interests. Applications will be assessed under a streamlined process, and LINZ aims to assess most low‑risk applications within 5 working days. Application fees are inexpensive, currently ranging from $2,040 to $3,500 (depending on whether you buy existing or build new). This change represents a targeted easing of the foreign buyer restrictions for investors who commit significant capital to New Zealand. Primary consent pathway and the new three‑stage national interest process A central feature of the reforms is the introduction of a single national interest test, replacing the previous combination of the ‘benefit to New Zealand’, ‘investor’, and national interest tests for most overseas investments. Most applications will now proceed under the Primary Consent Pathway, which applies to significant business assets and most categories of sensitive land (excluding residential land and farmland). The new process operates as a three‑stage, risk‑based assessment: Risk identification stage: the OIO assesses whether the investment gives rise to national interest risks. If no risks are identified, consent will be granted at this stage. The statutory timeframe for decisions under this stage is 15 working days, but the OIO has indicated it aims to assess most low‑risk applications in around 5 working days in practice. Risk assessment stage: if risks are identified, a more detailed assessment is undertaken and consent may be granted with conditions. If the OIO have reasonable grounds to consider that a transaction may be contrary to New Zealand’s national interest, it will refer the application to the Minister of Finance for a decision. Where this stage applies, the timeframe for review increases by 55 working days. Under the current Ministerial Directive Letter, the OIO is expected to complete 80% of applications within half this time. Ministerial decision stage: only the Minister may decline consent, and only where the Minister considers the transaction is contrary to New Zealand’s national interest. The Minister may exercise judgment in this regard but must consider certain factors. The Minister may impose conditions on any consent granted at this stage. There is no fixed statutory timeframe for a Ministerial decision. The current fee for primary consent application is $22,800 for stage one assessment. If the application requires a national interest assessment a further fee of $83,700 applies. Other changes In addition to the headline reforms: New and amended consent pathways have been introduced for different asset types, including a dedicated production forestry pathway. The Overseas Investment Amendment Regulations 2026 support the new regime by defining qualifying investor visas, updating application categories, and making technical amendments to administrative and forestry‑related provisions. A new Ministerial Directive Letter confirms that the OIO must take a risk‑based, proportionate approach, focusing regulatory effort on higher‑risk transactions and aiming for much shorter timeframes than those prescribed for the majority of applications. Important reminders for investors and developers Agreements for sale and purchase involving overseas persons must be expressly conditional on obtaining OIO consent. A general due diligence condition is not sufficient to protect the purchaser and may expose the purchaser to enforcement action or penalties. While statutory timeframes have been reduced and processing is expected to be faster for low‑risk investments, this assumes that applications are complete, accurate, and well‑supported. Incomplete or poorly prepared applications risk rejection, requests for further information, or delays that can undermine transaction timelines. Investors should take legal advice before signing an agreement, submitting a tender or bidding at auction. Land status should be assessed early to avoid unintentional breaches of the regime. Holland Beckett can help with your investment needs including sensitive land assessments and advice on how the overseas investment regime might affect your transaction.