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The Law Lowdown – CHRISTMAS 2024
Catch up on all the news and information in this edition of The Law Lowdown Inside this issue: Download your copy here
Overhanging Trees, Boundary Issues, and Ownership of Fruit: What you Need to know
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 tree are considered the property of the tree’s owner, even if they extend over a boundary into a neighbour’s property. This means that while you
Understanding the Trustee Duties Under New Zealand’s Trusts Act 2019
The Trusts Act 2019 outlines two types of trustee duties: compulsory and default. It’s essential for trustees and beneficiaries to understand these responsibilities to ensure the trust functions as intended and complies with the law. COMPULSORY DUTIES The mandatory duties, which cannot be changed or excluded, are foundational to trust management. They ensure that trustees: These obligations are designed to protect beneficiaries and uphold the core purpose of the trust. DEFAULT DUTIES In contrast, default duties are flexible and may
New Resource Management Reform: Key Takeaways for Clients
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 groups. BACKGROUND AND PURPOSE OF THE REFORM The RMA has historically been criticised for prioritising environmental protections over development, which has led to delays and
Proposed Building Consent SyStem Reform
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, each with varying practices, leading to delays, costs, and inconsistencies. Building and Construction Minister Chris Penk emphasised that the system is not meeting New Zealand’s
The Law Lowdown – WINTER 2024
Catch up on all the news and information in this edition of The Law Lowdown Inside this issue: Download your copy here
