Category Archives: Property Law

Bank Loan Approvals – a word of caution

Posted on October 17, 2017 by Ivan McIntosh

I wrote the bones of this post in 2013, but its even more relevant now with stories of banks reneging on loan approvals just as the unit settlement date approaches. Basically:  Bank loan approvals mean very little if anything especially … Continue reading →

Posted in Banking & Finance, Commercial Property, Construction Law, Litigation, Property Law, Residential property, Securities Law, Subdivisions, Unit Titles | Tagged , , , | Leave a comment

Residential Land Withholding Tax

Posted on July 6, 2016 by Ivan McIntosh

From 1 July 2016 we lawyers have been chosen for the honour, by the grace of her Majesty’s New Zealand Government, of becoming unpaid tax collectors for the Inland Revenue Department, whether we like it or not. From that date … Continue reading →

Posted in Banking & Finance, Commercial Property, Property Law, Residential property, Tax Law | Tagged , , , , , | Leave a comment

Taxing Capital Gain – the IRD is coming for you

Posted on March 10, 2016 by Ivan McIntosh

So.  In simple terms, people currently pay tax on capital gain if they acquired the property with the intention of resale -ie they are property traders, so profits made on resale are taxable.  Or they sell within 2 years and … Continue reading →

Posted in Commercial Property, Property Law, Residential property, Tax Law, Uncategorized | Tagged , , , , , | Leave a comment

VENDOR RENT GUARANTEES. Not. Worth. Anything.

Posted on December 17, 2015 by Ivan McIntosh

We aren’t talking about lease guarantees here, where you as the tenant guarantee to pay the rent and outgoings owed by your business. No, this post is about the sale of serviced apartments leased to the property’s manager.  I originally … Continue reading →

Posted in Banking & Finance, Commercial Property, Leases & Leasehold, Property Law, Residential property | Tagged , , , | Leave a comment

Reducing Depreciation Recovery

Posted on November 27, 2015 by Ivan McIntosh

When the property cycle starts to look like it is peaking, the temptation to sell comes calling…..so it may be worth thinking about all the depreciation claimed on your investment property.  Does it all have to be repaid if the … Continue reading →

Posted in Banking & Finance, Commercial Property, Property Law, Residential property, Tax Law, Unit Titles | Tagged , , , , , , , | Leave a comment

Liquidators vs the Humble Subcontractor – Voidable Payments

Posted on February 18, 2015 by Ivan McIntosh

The NZ Supreme Court has struck a blow in defence of the humble subcontractor today…well…everyone that works on a building site, that is, rather than just subbies.  The head contractor and other tradespeople will also benefit from some certainty or, … Continue reading →

Posted in Banking & Finance, Business Law, Commercial Property, Construction Law, Property Law, Residential property | Tagged , , , , | Leave a comment

Glen William Cooper – sentenced.

Posted on December 16, 2013 by Ivan McIntosh

Further to this post, Glenn Cooper was sentenced to nineteen months jail for his five guilty pleas on charges of dishonestly using a document. Short article regarding the offences can be found here. Congratulations to the Serious Fraud office, and … Continue reading →

Posted in Banking & Finance, Commercial Property, Criminal Law, Litigation, Property Law, Residential property | Tagged | 1 Comment

Bank Loan Approvals – A word of caution

Posted on October 30, 2013 by Ivan McIntosh

They don’t mean anything, and they never have. You may think you can go and make your offer in safety.  You can’t. All bank loan approvals are “indicative”…ie they merely indicate what the bank “might” be prepared to lend.  They … Continue reading →

Posted in Banking & Finance, Business Law, Commercial Property, Property Law, Residential property, Securities Law, Subdivisions | Tagged , , , , | 1 Comment

Auctions: The good, the bad, the ugly

Posted on June 6, 2013 by Ivan McIntosh

Ran across an interesting article here on the auction process, written by an experienced property investor and occasional developer, and I generally agree with everything in it. It’s too long to quote from…I’d have to cut and paste a lot … Continue reading →

Posted in Commercial Property, Property Law, Residential property | Tagged , , | Leave a comment

A person best avoided – Glenn William Cooper

Posted on January 17, 2013 by Ivan McIntosh

Glenn William Cooper (39) plead guilty in the Manukau District Court yesterday to charges laid by the Serious Fraud Office of dishonestly using a document. Essentially Cooper, through various associated interests, bought motel units and onsold them contemporaneously to vulnerable … Continue reading →

Posted in Banking & Finance, Commercial Property, Criminal Law, Litigation, Property Law | Tagged , , | 1 Comment