Property Owners view preserved through court upholding covenant
A recent High Court decision has prevented the potential subdivision of a property at St Arnaud, near Nelson. The decision highlights the ‘roadblock’ effect land covenants can have, particularly where the proposed development has the potential to cause injury to neighbouring landowners. In Beechnest (2014) Ltd v Marshall [2023] NZHC 519, Beechnest, a property developer, purchased two […]
Rent payment in time saves nine: court gives reminder of the consequence of putting off rent
With increasing financial pressure on businesses and individuals alike, the High Court’s recent judgment in James Ward Trustee Company Limited v Jarm[1] (“James Ward”) serves as a reminder of the importance of prioritising paying rent and the consequences of failing to do so. Background to the case James Ward concerned 3 sublessees who failed to pay rent over […]
Shake Up of Earthquake-Prone Building System: What It Means for Commercial Property
In September 2025, the Government announced a series of proposed changes to New Zealand’s earthquake-prone building (EPB) system under the Building (Earthquake-Prone Building System Reform) Amendment Bill. The reforms aim to make the current EPB regime more risk-based and proportionate, reducing compliance costs while maintaining safety standards. Key proposed changes The Government has indicated several […]
Insolvent and Indifferent: A Director’s Missteps and a Warning to Homeowners
A recent High Court decision, Batley v MacDonald [2025] NZHC 974, has sent another clear warning to company directors across New Zealand: when a business starts to sink, misusing funds to keep the ship afloat while topping up your own interests is not an option. It is also a reminder to homeowners to take care when providing […]
Failure to complete settlement: Don’t bet against the House!
You’ve found your dream home, and you’re ready to make it yours. But what happens if, for one reason or another, you can’t complete settlement? The consequences of failing to settle are significant, and the repercussions can be more than you expect. In this article, we explore the risks of failing to complete settlement and […]
Understanding Covenants: A Case Study and Legal Insight
What is a covenant? A covenant is a legally binding agreement registered on a property’s title, dictating how land can be used or what can be built on it. Covenants are usually designed to protect property values and maintain the character of a neighbourhood. There are positive covenants, which require the property owner to take […]
Lease Renewals – Not as simple as you might think…
A right of renewal provides a commercial tenant with the option to enter into a new lease with a landlord when the current lease expires. If a tenant fails to give notice of intention to renew the lease, the risks can be significant. The tenant may lose the right to renew and the ability to […]
New High Court Decision on Right Of Way Easements
In a recent High Court case, an order was made compelling the owner of a private driveway to allow their neighbour to install a new gate on that driveway. This decision, made in response to a dispute between Ruby & Rata Ltd (“Ruby”) and the Eagle Trust, highlights the importance of carefully reviewing the record […]
Property purchasers beware! Rights of way: How to prevent neighbour warfare
A recent case has highlighted the importance of proper due diligence by purchasers in assessing legal title to a property and, more particularly, the effect of any right of way easement affecting the title. Purchasers are often, understandably, more concerned with the clear-cut aspects of a purchase; the price, the condition of the building and […]
Ford Sumner incorporates Khandallah Law
Ford Sumner is delighted to announce that as of 5 February 2024, Khandallah Law has been incorporated into Ford Sumner. We are excited to be welcoming Joanne Cheer to the team, an experienced and highly regarded lawyer who will work alongside our team of great lawyers to strengthen our private client, family law and relationship property service […]