Welcome to the Property Law Section
The Property Law Section is part of the New Zealand Law Society and aims to assist the public and support the profession in property law matters.
For the public
The Property Law Section offers guidance on what is involved in property law and information about some of the potential problems. We have explained some common terms and answered some frequently-asked questions, as well as provided some useful links. You can also Find a Property Lawyer near you.
For property law practitioners
Membership of the Property Law Section gives access to guidelines and other resources on this website, a copy of our quarterly publication The Property Lawyer and the opportunity to participate in and benefit from the work of the section technical committees. Join the section here.
Probate centralisation – Ministry of Justice proposal
(as at 17.01.13)
The Ministry of Justice undertook consultation in late 2012 on a proposal to centralise the filing and processing of all probate applications, to a dedicated processing team based at the registry of the High Court at Wellington. The New Zealand Law Society made a submission on the proposal and received a letter from Dail Jones opposing the proposed centralisation. The Law Society responded to that letter.
On 12 December the Ministry announced implementation of the proposal. The Law Society wrote to the Ministry on 20 December recording its concerns in relation to the consultation and the proposal. The Ministry responded on 21 December confirming that the Ministry intends to proceed with detailed design of the centralised unit.
NZLS Submission - 19 November 2012
Letter from Dail Jones - 23 November 2012
Response to Dail Jones - 4 December 2012
Letter to Ministry of Justice - 20 December 2012
Response from Ministry of Justice - 21 December 2012
Best Practice Guide - Property Information Packs
This joint guide was developed by the PLS and REINZ as a response to a change in expectations as to what information real estate licensees need to give to potential buyers in relation to titles and council requirements. These changes came about as a result of the LB & QB v Real Estate Agents’ Authority & Li  NZREADT 39 decision.
The packs are designed to help both real estate licensees and the vendors. The assistance to the licensees is from having a legally qualified person search the title and/or council records. From the vendor’s perspective, the property information pack, if properly prepared with thought and accuracy, should assist in the promotion of their property.
Property Transactions and E-dealing Practice Guidelines 2012
These guidelines reflect recommended practice for residential property transactions and e-dealings. Part 2 is endorsed by the Registrar General of Land for recommendation to lawyers using Landonline. Further, the guidelines relating to payment, by way of same-day cleared payment, are given the force of contract in the 9th edition of the ADLSi/REINZ Agreement for Sale and Purchase.
The guidelines are available below for use by property practitioners.
- Property Transactions and E-dealing Practice Guidelines 2012 (582 KB)
- Appendix 1: Private Individual Client Authority and Instruction Form (26.5 KB)
- Appendix 2: Private Corporate Client Authority and Instruction Form (32.0 KB)
- Appendix 3: Public Corporate Client Authority and Instruction Form (24.0 KB)
We welcome inquiries and suggestions about the section and the website - contact Jennifer Chowaniec, the Section Manager.