Trusts are widely used in New Zealand to hold property and manage family wealth. However, a common misunderstanding is that trustees are protected from personal liability simply because they act in that role. In reality, trustees can be held personally accountable – including to the beneficiaries of the trust. A simple example helps illustrate how
Property speculation, particularly short-term “flipping”, became increasingly common during the rapid rise in property values seen in New Zealand between 2020 and late 2021. However, the sharp market correction that followed through 2022 and 2023 exposed the risks of this strategy. The High Court case of Smallridge v Singh [2025] NZHC 242 provides a clear
Major changes to the Residential Tenancies Act take effect on 1 December 2025, introducing a clearer and more balanced framework for pets in rental properties. The reforms aim to make it easier for tenants to keep pets while giving landlords practical tools to manage risks, set conditions, and recover the cost of any pet-related damage.
The Government has confirmed a significant overhaul of New Zealand’s earthquake-prone building (EPB) framework, following advice and analysis published by the Ministry of Business, Innovation and Employment (MBIE). These reforms aim to create a more proportionate, risk-focused system – one that targets higher-risk buildings and regions while reducing unnecessary cost pressures on owners and communities.
When you buy or own property in New Zealand, you may come across the term easement. Easements are a common legal feature of land ownership, and while they can sound technical, they play an important role in allowing landowners to use their property effectively. What is an Easement? An easement is a legal right to
The Government has announced fast-tracked reforms to the Public Works Act (PWA), aiming to speed up compulsory land acquisitions for major infrastructure projects. These changes will significantly impact individual landowners, particularly those affected by Fast-Track approvals projects and Roads of National Significance. KEY CHANGES AFFECTING LANDOWNERS NO MORE OBJECTIONS TO THE ENVIRONMENT COURT Currently, landowners
Buying a property is one of the biggest financial commitments most people will make. In New Zealand, many buyers assume that if they are using the standard ADLS/ Real Estate Institute of New Zealand (REINZ) approved Agreement for Sale and Purchase of Real Estate, they do not need legal advice before signing. However, failing to
The Government has announced its intention to reform the building consent system with the aims of improving efficiency and consistency in building consent delivery. At present some 67 Building Consent Authorities (BCAs) – which are usually local and district councils, can also be regional councils (for dams) and private organisations – operate across New Zealand,
The New Zealand government recently announced a major overhaul to the Resource Management Act (RMA) 1991, a move expected to streamline environmental and development regulations. Two new Acts will replace the RMA, targeting environmental management and urban development separately. This article outlines the planned reforms and their implications for property developers, environmental stakeholders, and iwi
In New Zealand, trees planted close to property boundaries can lead to disputes, especially when branches overhang or roots encroach into a neighbouring property. Understanding the law governing these situations can help property owners resolve issues amicably and avoid unnecessary conflicts. OWNERSHIP OF OVERHANGING BRANCHES AND FRUIT Legally, the branches, leaves, and fruit of a
Paul Gallagher Legal providing legal services on the North Shore and across wider Auckland area.
We close for Xmas at 5pm 19th December and reopen on 19th January with some staff back 12th January.
Compliments of the season to you also and we hope you enjoy a relaxing break.