by Virginia Bonanni | Sep 27, 2022 | Property, Property disputes, Relationship Property
By Adrian Sharma Leakage issues in a building can be a real dampener. A recent decision of the Queensland Civil and Administrative Tribunal (the Tribunal) which considered conflicting expert evidence on water ingress issues in a newly built property highlighted the...
by Virginia Bonanni | Oct 15, 2021 | Arbitration, Conflict Management, Mediation, NZDRC, Property, Property disputes
By Melt Strydom. Apportionment for contributory negligence allows a court to share the responsibility between parties in circumstances where the test for causation and remoteness of damage justifies it. It doesn’t mean a respondent will not be held liable for...
by Virginia Bonanni | Sep 29, 2021 | Arb-Med, Arbitration, Conflict Management, COVID-19 Relief, Cross lease disputes, Mediation, NZDRC, Property, Property disputes
The government has introduced a law change which will imply into commercial leases that don’t have an existing no access in emergency clause, a provision requiring a fair proportion of rent and outgoings to be paid when a tenant has been unable to conduct their...
by Natalia Vila | Sep 6, 2021 | COVID-19 Relief, Mediation, NZDRC, Property
John Green, the managing director of the New Zealand Dispute Resolution Centre has been interviewed by NBR news about the COVID-19 Rent Relief Scheme for Commercial Leases. In the interview he discussed the low cost fixed fee arbitration and mediation service put in...
by Natalia Vila | Aug 30, 2021 | COVID-19 Relief, Property
Do both parties need to agree to participate? Yes, parties who wish to access mediation or arbitration services must agree to do so. If the parties already have an agreement to arbitrate or mediate in their lease document, they may still need to enter and agreement to...
by Natalia Vila | Feb 3, 2021 | Arb-Med, Arbitration, Property, Relationship Property, Trusts
By Melissa Perkin and Melt Strydom Introduction Although exact numbers are unknown, it is estimated there are hundreds of thousands of trusts in New Zealand. The new Trusts Act 2019 came into force on 30 January 2021. It brings a number of significant changes to trust...
by Catherine | Sep 25, 2020 | Property
Update 1 July 2021: Please note that the Government funded scheme has now come to an end but you can still access NZDRC’s low cost fixed fee scheme. Many commercial tenants found their leases were inadequate to deal with the consequences of the COVID-19...
by Catherine | Apr 9, 2020 | Arbitration, COVID-19 Relief, Property
For those who have commercial leases, there are questions around whether there is a right for tenants to ask for rent relief and if so, what that relief should look like. A commonly used form of commercial lease is the Auckland District Law Society lease, which...
by Catherine | Oct 1, 2019 | Property
By Catherine Green, Arbitrator and Mediator, Executive Director at NZDRC During the course of a commercial tenancy, disputes often arise between landlords and tenants in relation to the parties’ obligations under the lease to maintain and repair premises,...
