Area of expertise
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In the field of property law, even matters that appear straightforward can prove complex. Our specialist Property Team can assist on all property matters, from the sale and purchase of a house through to complex unit title subdivisions, and opinions on resource management and unit title matters.
Buying or selling a house is sometimes straightforward, but many legal issues can arise. Whether you are a first home buyer or a seasoned investor, our experienced and expert team has “seen it all before” and can help lead you through the process. We can assist with:
- Residential subdivisions.
- Cross leases.
- Unit titles.
- Building contracts.
- Due diligence matters.
- Drafting sale and purchase agreements (including private sale transactions).
- Kiwisaver application processes.
Successful commercial property investment relies on thorough due diligence, appropriate financial arrangements and good project management of the investment from a legal perspective. We work collaboratively with valuers, building consultants/engineers and accountants to achieve the best commercial and practical outcomes for our clients. Our experts can assist you with:
- Large property developments.
- Commercial property transactions.
- Corporate structures (for purchasing entities).
- Commercial leasing.
- Due diligence.
Our team specialises in subdivisions, and has worked on a wide range of projects, from acquisition through to subdivision and sell-down. Our experts have been involved in:
- Greenfields in the Waikato and Bay of Plenty.
- Unit title redevelopments in the Waikato and Auckland.
- Rural subdivisions.
- Industrial developments.
We have specialist expertise in unit titles. Our clients include developers, owners, managers and committees throughout New Zealand. Our experts can assist you with:
- Sale and purchase issues.
- Redevelopment and cancellation matters.
- Maintenance problems.
- Levy issues.
- Governance issues either on behalf of the body corporate, or issues with the body corporate.
- The day-to-day functioning of a body corporate.
Thomas Gibbons has published many articles in this area including Unit Titles Law and Practice (LexisNexis, 2011 and 2015 (2nd Ed)). Another useful resource is Thomas' Unit Titles Act 2010 presentation.
Whether you are a major developer or a first home buyer, there are a range of issues and risks associated with building contracts. We can assist you with:
- Preparing building contracts.
- Reviewing building contracts (and advising how to make them more owner-friendly).
- Building Act advice.
- Enforcement, including Construction Contracts Act issues.
- Advice in relation to NZS 3910:2013.
- Advising engineers to the contract.
Effective commercial leasing involves a team effort between agents, lawyers, and owners. We have extensive experience in commercial leasing and can assist you with:
- Shopping centre lease preparation and review.
- ADLS lease preparation and advice.
- Enforcement, including Property Law Act notices.
- Rent reviews, renewals, and tenant rights to purchase.
- Long-term registered leases.
- Agreements to lease, including construction and other development obligations.
Farm transactions are a complex area of law and require special attention to detail and expertise. We understand farming and can provide great advice on legal issues you may be facing in the rural sector including:
- Resource consents.
- Fonterra shares.
Property law extends far beyond conveyancing. Our team includes staff with a range of practical, academic and LINZ experience, who provide expert advice on a range of technical land issues. We can assist with:
- The Land Transfer Act 2017.
- Land covenants.
- Unit titles.
- Public Works Act.
- Building Act.
- Accretion claims.
- Crown Land.
- Local authority property matters.
The Overseas Investment Act regulates both land and business purchases by overseas persons. We can assist you with:
- Advice on the scope of the Overseas Investment Act.
- Preparing applications to the Overseas Investment Office.
Our team has an in-depth knowledge and understanding of the Local Government Acts 1974 and 2002, and related legislation. Our experts can provide advice and assistance on:
- Development contributions.
- Crown acquisitions and compensation agreements.
- Bylaws, local Acts and other regulation.
- Drainage issues/concerns.