How to determine ownership of water has recently become a highly controversial and much debated topic. Indeed, the media has largely focused its reporting around the question: can water be ‘owned’, and if so, how should we determine who is entitled to it?

This article looks at two recent cases that addressed the issues arising out of body corporate management contracts.

The Financial Markets Authority has allowed the Securities Act (Real Property Proportionate Ownership Schemes) Exemption Notice 2002 (the Exemption Notice) to expire, with effect from 1 October 2012. This will have implications for property syndicates and their potential investors.

Difficult economic times have led to an increase in the number of properties being sold by mortgagee sale.

September 2012

In recent weeks, the media has revelled in a very public debate about Māori rights to water. Do Māori have rights to water? If so, who should determine the rights and how? And perhaps most importantly for some, how will such rights affect non-Māori?

There are many unique features of Māori freehold land. In particular, there are many legal intricacies of leasing Māori freehold land that are unknown even though a significant portion of Māori freehold land is leased.

Discovery is a large part of litigation whereby one party lists, and makes available, relevant documents to the opposing side.

As of 1 July 2012, the Charities Commission has been wound up and its core functions have been moved to the Department of Internal Affairs.

This article discusses how to challenge body corporate management agreements.

The Licensed Building Practitioners (“LBP”) regime came into full effect on 1 March 2012. It will come as no surprise to many in the industry as the regime has been in the pipelines for a number of years now to give those effected time to adjust. From 1 March 2012 any building work that comes within the definition of “restricted building work” and does not satisfy the DIY exemption must be carried out or supervised by an LBP.

Three significant changes to the Charities Act have come into force from 25 February 2012.

The purpose of the Marine and Coastal Area (Takutai Moana) Act 2011 is to restore and protect legitimate, customary interests and recognise the mana tuku iho exercised by iwi, hapū, and whānau as tangata whenua. The new Act is an attempt to acknowledge Te Tiriti o Waitangi, which the former Act did not.

It is a basic matter of law that to be able to be registered under the Charities Act, an organisation (whether a trust, society, or otherwise) must have a charitable purpose within one or more of the following “heads”.