The New Zealand Law Society’s Property Law Section (PLS) was established in April 2000 to help property lawyers meet the many changes and challenges of law practice, and to support them as they deliver the highest possible quality service to their clients. It is also an active contributor to the Law Society’s property law reform work.

One of its current goals is to educate both the legal profession and general public about the breadth of property law as a practice area. This goes well beyond conveyancing related to the buying and selling of residential property. Topics in the section’s quarterly magazine, The Property Lawyer, give a glimpse into this diverse subject area. They include estate planning and administration, trust law, commercial leases, resource management, Māori land and sustainability/climate change (with a property law theme of course!). Elder law, covering retirement villages, occupation right agreements and enduring powers of attorney, are also within the section’s purview.

The pace of property law reform has accelerated. Property lawyers contributed to two recent Law Society law reform submissions: the Law Commission’s Second Issues Paper Review of Adult Decision-making Capacity Law and the Residential Tenancies Amendment Bill. Additionally, the PLS corresponded with the Ministry of Business, Innovation and Employment regarding the implementation of the Incorporated Societies Act 2022, with a specific focus on residents’ societies.

“One of its current goals is to educate both the legal profession and general public about the breadth of property law as a practice area. This goes well beyond conveyancing related to the buying and selling of residential property” 

A recent highlight saw the PLS partnering with the Natural Hazards Commission Toka Tū Ake to host a webinar on the new Natural Hazards Insurance Act, which came into force on 1 July. It replaced the Earthquake Commission Act and modernised the legislation, and introduced changes relevant to property lawyers who help homeowners navigate issues with insurance. Some of the changes include a new Code of Insured Persons’ Rights and a new, independent dispute resolution pathway for natural hazards claims. There are also new definitions, providing clarity of cover and entitlements for homeowners. Toka Tū Ake has followed this up with a public information campaign to encourage New Zealanders to know their cover and understand where insurance starts and finishes.

A lesser-known service provided by the PLS is the opportunity to tap into the knowledge and expertise of a network of experts from around the country. The section regularly answers queries from members on a variety of property-related topics. Responses are usually prepared with recourse to the PLS Executive Committee, specialist subcommittees or the Chair or Deputy Chair, depending on the nature of the enquiry. Through the collective wisdom from these specialist groups, they are often able to provide helpful insights. Responses do, of course, come with a disclaimer that they are not a substitute for specific legal advice.

The PLS has relationships with all the major trading banks, and is often asked to review, and sometimes it proactively seeks, changes to banks’ general instructions and solicitors’ certificates. It also supports and assists in the professional development of property lawyers through its best practice PLS Guidelines, dissemination of topical property law information, and through its e-dealing consultancy service. The section facilitates networking and discussion among its members and hosts regular CPD-qualifying regional lunchtime seminars throughout the country.

Did you know?

Your 2024-25 New Zealand Law Society membership includes membership to a Law Society section of your choice. If you are not already a member, join now to gain access to a broad range of services and support offered by the Property Law Section. lawsociety.org.nz/membership.