Topic

Buying and selling homes

This page contains different parts of laws about Buying and selling homes, within the topic of Housing and property.

Related Plain Language Law

Local Government Official Information and Meetings Act 1987

Land reports must include information about natural hazards like floods and earthquakes

44B: Natural hazard information to be included in land information memoranda

Local Government (Rating) Act 2002

Tell the council when you buy or sell a property

31: Notification of change of ownership of rating unit

Local Government (Rating) Act 2002

Tell your council if you change your name and own a property

36: Notification of change of name

Local Government (Rating) Act 2002

Rates are paid when you sell or lease a property.

Local Government (Rating) Act 2002

What happens if you don't pay your rates: sale or lease of a property

68: Rating sale or lease

Local Government (Rating) Act 2002

Getting official papers when you buy or lease a property

73: Execution of documents for rating sale or lease

Local Government (Rating) Act 2002

Assuming a property sale or lease is valid, even if mistakes were made

74: Presumption of valid rating sale or lease

Local Government (Rating) Act 2002

Buying or leasing abandoned land is automatically considered legal

81: Presumption that sale or lease valid

Local Government (Rating) Act 2002

What happens when someone new owns a property

Local Government (Rating) Act 2002

Council must tell new property owners about one-off payment requirements

117L: Local authority must notify new ratepayer of liability in respect of rating unit for lump sum contribution

Local Government Act 2002

Councils can ask for a payment when you build or develop something in their area

198: Power to require contributions for developments

Local Government Act 2002

Getting your money or land back if you cancel your building project

209: Refund of money and return of land if development does not proceed

Local Government Act 2002

People who can decide if you're right when you disagree with a building fee

199H: Who may decide development contribution objections

Income Tax Act 2007

Tax on land sold within 10 years of improvements by a house-building business

CB 11: Disposal within 10 years of improvement: building business

Income Tax Act 2007

Rules for selling or gifting land to people you're connected with

CB 15: Transactions between associated persons

Income Tax Act 2007

Exemption from tax when selling your main home

CB 16: Residential exclusion from sections CB 6 to CB 11

Income Tax Act 2007

Exemption for selling land bought for personal living to another person for the same purpose

CB 18: Residential exclusion from section CB 14

Income Tax Act 2007

Tax exemption rules for interest on some farm mortgages

CW 6: Payments of interest: farm mortgages

Income Tax Act 2007

Getting money back when repaying certain loans linked to grants

DF 2: Repayment of grant-related suspensory loans

Income Tax Act 2007

Rules for partners selling property before 16 December 1991

DZ 6: Partnership interests and disposal of part of asset before 16 December 1991

Income Tax Act 2007

Definitions for calculating property value loss over time

EE 67: Other definitions

Income Tax Act 2007

Landlords must pay remaining spread-out income when selling land early

EI 6: Amount paid for non-compliance: when lessor ceases to own land

Income Tax Act 2007

What happens if a seller gets back property from an ended hire purchase agreement

FA 15: Treatment when agreement ends: seller acquiring property

Income Tax Act 2007

Land transferred in relationship property settlements

FB 3: Land acquired for certain purposes or under certain conditions

Income Tax Act 2007

Tax rules for transferring land in development as part of relationship property

FB 4: Land under scheme for major development or division

Income Tax Act 2007

Rules for giving away or losing land to someone who isn't family or a close friend

FB 5: Disposal of land

Income Tax Act 2007

Rules for transferring land with valuable timber during relationship property settlements

FB 7: Land with standing timber

Income Tax Act 2007

Property transfers are treated as sales at market value, with some exceptions

FC 2: Transfer at market value

Income Tax Act 2007

Property given to partners after someone dies

FC 3: Property transferred to spouse, civil union partner, or de facto partner

Income Tax Act 2007

Rules for tax on inherited land from close relatives

FC 5: Land transferred to close relatives

Income Tax Act 2007

Rules for land transfers when companies merge or amalgamate

FO 17: Land

Income Tax Act 2007

Property settled on a trust, excluding certain types

HC 4: Corpus of trust

Income Tax Act 2007

Explanation of a special home loan guaranteed by Housing New Zealand before August 1982

LZ 8: Meaning of home vendor mortgage

Income Tax Act 2007

Special home ownership savings accounts are no longer recognised

LZ 9: Savings in special home ownership accounts

Income Tax Act 2007

Rules for selling part or all of a specific piece of land, or selling it with other land

CB 23B: Land partially disposed of or disposed of with other land

Income Tax Act 2007

Tax rules for replacing earthquake-damaged business property in Canterbury

CZ 25: Land and buildings as revenue account property affected by Canterbury earthquakes and replaced—insurance or compensation, Government purchase

Income Tax Act 2007

Special tax rules for selling earthquake-affected Canterbury property to the government

CZ 26: Land and buildings affected by Canterbury earthquakes—sections CB 9 to CB 11 and CB 14 overridden for Crown purchases

Income Tax Act 2007

This explains when you're considered to have acquired land for tax purposes

CB 15B: When land acquired

Income Tax Act 2007

Selling your home within 2 years: what you need to know about paying tax

CB 6A: Disposal within 2 years: bright-line test for residential land

Income Tax Act 2007

What happens to a person's home when they die and it's passed to someone else

FC 9: Residential land transferred to executor, administrator, or beneficiary on death of person

Income Tax Act 2007

Deals involving homes and the land they are on

Income Tax Act 2007

Rules for companies selling shares when they own residential land

GB 52: Arrangements involving residential land: companies’ shares

Income Tax Act 2007

Special rules for trusts that own residential land and make certain changes

GB 53: Arrangements involving residential land: trusts

Income Tax Act 2007

Rules for community housing help: income and asset limits for people who need a home

Schedule 34: Community housing trusts and companies: income and assets of beneficiaries and clients

Income Tax Act 2007

How buyers pay tax when buying property from someone they're connected to

RL 3: Associated persons: who must pay, and how?

Income Tax Act 2007

Residential land sellers must pay tax through their lawyer when selling property

RL 2: Vendors: who must pay, and how?

Income Tax Act 2007

Insurance pay-outs for Hurunui/Kaikōura earthquake damage treated as property sale and repurchase

EZ 78: Insurance for Hurunui/Kaikōura earthquake damage of property: treatment as disposal and reacquisition

Income Tax Act 2007

Getting new property after emergencies damage your land or buildings

FP 5: Replacement property for land or buildings affected by emergency events

Income Tax Act 2007

Help for land and building owners after a disaster

FP 27: Certain land and buildings affected by emergency event

Income Tax Act 2007

Selling a rental home: using old expenses to reduce your tax

DZ 24: Amounts denied before 1 April 2025: treatment upon disposal of certain residential property

Income Tax Act 2007

Tax relief for replacing earthquake-damaged property with insurance money

CZ 25B: Land and buildings as revenue account property affected by Hurunui/Kaikōura earthquakes and replaced—insurance or compensation

Income Tax Act 2007

When land sales rules apply to residential property

EL 10: Exclusion for land held on revenue account

Income Tax Act 2007

Selling homes bought after 29 March 2018 within 5 years: old tax rule ending 1 July 2024

CZ 39: Disposal within 5 years: bright-line test for residential land: acquisition on or after 29 March 2018

Income Tax Act 2007

Tax rules for selling homes bought after 29 March 2018, changing from 1 July 2024

CZ 40: Main home exclusion for bright-line: acquisition on or after 29 March 2018

Income Tax Act 2007

Rules for residential land transfers involving Māori family trusts (repealed from July 2024)

CB 6AC: Residential land transferred in relation to certain Māori family trusts

Income Tax Act 2007

Rules about income from overseas loans used to buy homes

CW 62C: Income from foreign-currency loans used for disallowed residential property

Income Tax Act 2007

Rules for some people transferring residential land, ending 1 July 2024

FC 9B: Residential land: certain transferors

Income Tax Act 2007

Tax relief for flood-damaged property replaced with insurance money

CZ 25C: Land or buildings as revenue account property affected by North Island flooding events and replaced—insurance or compensation

Income Tax Act 2007

Some sales of homes to family or friends don't have to follow the bright-line test rules.

FD 1: Relief from bright-line test for transfers between associated persons

Fencing Act 1978

How to make sure fencing agreements stay with the land when it's sold

5: Fencing covenants and agreements registrable

Fencing Act 1978

How to make a promise about fences when buying land

7: Creation of fencing covenants

Resource Management Act 1991

Rules for subdividing land: what the council can require you to do

220: Condition of subdivision consents

Resource Management Act 1991

You can agree to sell land or a building before the survey plan is officially registered, but there are rules to protect buyers.

225: Agreement to sell land or building before deposit of plan

Resource Management Act 1991

Rules for getting a title for subdivided land

226: Restrictions upon issue of certificates of title for subdivision

Resource Management Act 1991

Rules about company leases and cross leases help decide who owns the land and what they can do with it.

Resource Management Act 1991

Rules about special types of property sharing between companies and people are no longer used.

244: Company leases and cross leases

Resource Management Act 1991

Rules for submitting a survey plan for land reclaimed from the sea or a lake

246: Restrictions on deposit of plan of survey for reclamation

Resource Management Act 1991

Rules for dividing and developing land

Resource Management Act 1991

Rules for unit, cross lease, and company lease plans approved before the law changed

408: Existing approvals for unit plans, cross lease plans, and company lease plans

Resource Management Act 1991

The law says you need to explain why you're changing the rules for building houses in your area

77J: Requirements in relation to evaluation report

Crown Minerals Act 1991

Copies of documents can be used as proof in court if they are certified by the Registrar-General of Land.

87: Certified copies of documents to be evidence

Building Act 2004

When someone brings a special paper, the person in charge of land records must write a note on the land's official papers.

78: Registrar-General of Land must record entry on record of title when certificate is lodged under section 77

Building Act 2004

When a note is made on land records, you can't sell or rent parts of the land separately.

79: Effect of entry recorded on record of title

Building Act 2004

Older loans or debts on land are more important than newer ones when building across different pieces of land.

81: Mortgage or charge has priority over registered instrument

Building Act 2004

The land office person can ask for a special map to be made if they need to combine different pieces of land.

82: Registrar-General of Land may require preparation of plan

Building Act 2004

Rules for old notes on land titles now work under the new law

434: Transitional provision for certain entries on certificates of title made under former Act

Building Act 2004

Information you get before signing a contract for building work on your home

Building Act 2004

These rules explain when the law protects you if someone builds or sells you a home.

362H: When provisions relating to implied warranties apply

Building Act 2004

You can't give up your rights to complain about hidden problems when buying a building.

362K: Person may not give away benefit of warranties

Building Act 2004

What happens if someone breaks a promise about the quality of your home's building work?

Building Act 2004

Selling a house with defects can be against the law.

Building Act 2004

Selling a house without a code compliance certificate can get you in trouble with the law.

362V: Offence for commercial on-seller to transfer household unit without code compliance certificate

Charitable Trusts Act 1957

Property goes to new trustees without extra paperwork

3: Property to vest in trustees or their successors

Charitable Trusts Act 1957

Property held for a group can be given to new trustees or the group itself

5: Transfer of properties

Companies Act 1993

Rules for handling company records and property ownership during mergers

225A: Registers

Companies Act 1993

Rules for protecting innocent buyers when company property transfers are challenged

296D: Additional provisions relating to setting aside dispositions

Overseas Investment Act 2005

Who is considered a person from overseas under New Zealand law?

7: Who are overseas persons

Overseas Investment Act 2005

What is an overseas investment in New Zealand's sensitive land?

12: What are overseas investments in sensitive land

Overseas Investment Act 2005

What is an overseas investment in a big New Zealand business?

13: What are overseas investments in significant business assets

Overseas Investment Act 2005

Rules for overseas investors buying special New Zealand land

16: Criteria for consent for overseas investments in sensitive land

Overseas Investment Act 2005

Court can make you sell property if you break the rules

47: Court may order disposal of property

Overseas Investment Act 2005

Court can make you register a mortgage to follow the rules or pay back money

49: Court may order mortgage to be registered over land

Overseas Investment Act 2005

Permissions to make multiple investments in New Zealand without needing to apply each time

Schedule 4: Standing consents

Overseas Investment Act 2005

Selling or getting rid of property

Overseas Investment Act 2005

When following the law is too hard or expensive, you can get exemptions to make things easier

61B: Purpose of exemptions

Overseas Investment Act 2005

Rules for buying New Zealand homes or land that need special permission to benefit New Zealand

16B: Conditions for consents relating to sensitive land that is residential land: benefit to New Zealand test

Overseas Investment Act 2005

The regulator can ask you to sell a property if they think you've broken the rules.

41F: Regulator may issue notice requesting disposal of property

Overseas Investment Act 2005

When you buy a house or land, you must tell if you have permission to buy it.

51A: Person who acquires residential land must make and provide statement

Overseas Investment Act 2005

Conveyancers must get and keep a special statement to prove an investment follows the rules

51C: Conveyancer must obtain and keep statement

Overseas Investment Act 2005

Buying property from someone with an exemption means you might still have to follow their rules

61G: Person who relies on exemption to acquire property may be subject to existing consent or exemption conditions

Overseas Investment Act 2005

Rules for overseas buyers of homes and land in New Zealand

Schedule 2: Sensitive land that is residential land

Overseas Investment Act 2005

When the government doesn't have to follow its own rules for buying land or property in New Zealand

20AA: Exemptions from definition

Overseas Investment Act 2005

Applying for the investor test if nothing has changed since you last applied

29A: Investor test applications where no change since investor test last met

Overseas Investment Act 2005

Special rules for emergencies: telling the government about overseas buyers

60A: Reinstatement of emergency notification regime

Building Societies Act 1965

Keeping track of building groups and their important papers

Building Societies Act 1965

List of all building societies in New Zealand that anyone can look at

121A: Register of building societies

Building Societies Act 1965

Registrar can ask for changes to documents before adding them to building society records

121C: Registrar may require document to be registrable or otherwise comply before registration

Building Societies Act 1965

How the government saves important building society papers

121D: When documents are registered

Building Societies Act 1965

Registrar can fix or update the list of building societies

121E: Alterations to register

Building Societies Act 1965

You can check information about building societies

121F: Inspection of register

Building Societies Act 1965

Getting official copies of building society records

121G: Obtaining certified copy or extract from register

Building Societies Act 1965

Updating rules for groups that help people save and buy homes

Building Societies Act 1965

This law's name and when it started

1: Short Title and commencement

Building Societies Act 1965

People and Rules for Groups that Help You Save Money for a Home

Building Societies Act 1965

Explaining important words used in the Building Societies Act

2: Interpretation

Building Societies Act 1965

Government chooses someone to oversee building societies

3: Registrar of Building Societies

Building Societies Act 1965

Who can help the main Registrar manage building societies

4: Deputy Registrars of Building Societies

Building Societies Act 1965

The rule about building societies having an official seal was removed

5: Official seal

Building Societies Act 1965

Building societies don't need to keep special lists anymore

6: Registers to be kept

Building Societies Act 1965

The Registrar no longer needs to write a yearly report about building societies

7: Annual report by Registrar

Building Societies Act 1965

This rule about looking at society information is no longer used

8: Information as to societies, and inspection of documents kept by Registrars

Building Societies Act 1965

How building societies are set up and run: Rules for starting, joining, and managing money clubs

Building Societies Act 1965

What building societies can do and are allowed to do

Building Societies Act 1965

This part of the law explaining why people could start a building society has been removed

9: Purpose for which building society may be established

Building Societies Act 1965

Building societies can help people with money and property

9A: Functions of building societies

Building Societies Act 1965

Building societies can do many things to help them work, unless their rules say they can't

9B: Powers of building societies

Building Societies Act 1965

Building societies' actions can't be called wrong just because they weren't allowed to do them

9C: Ultra vires transactions

Building Societies Act 1965

Registering or filing society documents doesn't mean everyone knows about them

9D: Registration of documents not to constitute constructive notice

Building Societies Act 1965

Rules for dealing with a building society

9E: Dealings between society and other persons

Building Societies Act 1965

Dealing with a building society is safe, even if someone has been dishonest

9F: Effect of fraud

Building Societies Act 1965

Two types of building societies: ongoing and time-limited

10: Permanent and terminating societies

Building Societies Act 1965

Building societies can get and give back money using shares

11: Power to raise and repay funds

Building Societies Act 1965

Building societies can't do things with land anymore

12: Powers in relation to land

Building Societies Act 1965

How building societies are set up and officially recognised

Building Societies Act 1965

How to start a building society in New Zealand

13: Mode of establishing society

Building Societies Act 1965

Rules for starting a building society must be checked and approved

14: Registration of rules of society

Building Societies Act 1965

A building society becomes a separate legal entity when it's officially registered

15: Incorporation of society

Building Societies Act 1965

You can ask a judge to look at your rules if the Registrar says no

16: Appeal against refusal to register

Building Societies Act 1965

The rules that a building society must follow

Building Societies Act 1965

Rules tell you what a building society must do and how it works

17: Contents of rules

Building Societies Act 1965

Rules of a building society apply to everyone involved and visitors don't need to check if the society follows its own rules

18: Effect of rules

Building Societies Act 1965

How to change the rules of a society

19: Alteration of rules

Building Societies Act 1965

You can ask for and get a copy of a society's rules

20: Copies of rules to be supplied on request

Building Societies Act 1965

What a building society is called

Building Societies Act 1965

Building societies must have unique names to avoid confusion

21: Restriction on registration of names

Building Societies Act 1965

Building societies must use their official registered name or face penalties

22: Society to use registered name

Building Societies Act 1965

Who can be part of a building society

Building Societies Act 1965

You can join a building society without buying a share

24: Members who are not shareholders

Building Societies Act 1965

Young people can join building societies but have limited rights

25: Members under age of 20

Building Societies Act 1965

Sharing ownership of building society shares with others

26: Joint shareholders

Building Societies Act 1965

Members only owe what they agreed to pay for their share or loan

27: Liability of members

Building Societies Act 1965

This part explaining how to buy shares in certain societies no longer exists

27A: Interpretation

Building Societies Act 1965

This rule about buying shares in building societies no longer exists

27B: Agreements to purchase shares

Building Societies Act 1965

A rule about cancelling share purchases was removed

27C: Right of purchaser to cancel agreement

Building Societies Act 1965

What happens when an agreement to buy shares in a closing building society is cancelled (no longer applies)

27D: Effect of cancellation of agreement

Building Societies Act 1965

This rule about agreements for buying shares in certain societies no longer exists

27E: No contracting out

Building Societies Act 1965

The rule about changing a list of building society rules doesn't exist anymore

27F: Schedule 7 may be amended

Building Societies Act 1965

When a building society can start doing business

Building Societies Act 1965

Building societies can't start working until they get a special permission paper

28: Business not to be commenced before incorporation

Building Societies Act 1965

Founding members must buy shares before the society can start

29: Minimum subscription by founding members

Building Societies Act 1965

When building societies could start advertising (old rule)

30: Commencement of advertising

Building Societies Act 1965

This rule about starting the process of drawing lots for building society money no longer exists

31: Commencement of balloting for appropriations

Building Societies Act 1965

Shares and draws that give extra chances to win

Building Societies Act 1965

Rules for special shares that could win you prizes in a building society

31A: Bonus balloting shares and bonus ballots

Building Societies Act 1965

Joining or moving responsibilities between building societies

Building Societies Act 1965

Building societies can join together to become one society

32: Union of societies

Building Societies Act 1965

How a society can pass on its duties to another society

33: Transfer of engagements

Building Societies Act 1965

Extra rules for societies joining together or passing on their duties

34: Supplementary provisions as to union and transfer of engagements

Building Societies Act 1965

How a building society can sell part of what it does

Building Societies Act 1965

Building societies can sell some of their business, but not all of it

34A: Power to dispose of part of business undertaking

Building Societies Act 1965

Rules about lending money for houses and how to keep things fair and safe

Building Societies Act 1965

Helping people buy homes with mortgages (no longer in use)

35: Advances on security of mortgage of land for residential purposes

Building Societies Act 1965

This rule about money lending in building societies doesn't exist anymore

36: Ordinary limitations on special advances

Building Societies Act 1965

Old rule about extra mortgage money for building societies no longer exists

37: Permission to exceed limit for special advances

Building Societies Act 1965

Building societies can't give extra money to people buying houses with existing loans anymore

38: Permission to make special advance to purchaser of mortgaged property

Building Societies Act 1965

Rules about lending money to people when they use their house as a promise to pay it back

Building Societies Act 1965

This part used to explain who counts as a member, but it was removed

39: Meaning of member for the purposes of this Part

Building Societies Act 1965

Old rules about figuring out the worth of loan guarantees no longer exist

40: Valuation of security

Building Societies Act 1965

Old rule about extra protection for building society loans no longer exists

41: Additional security for advances

Building Societies Act 1965

Old rule about keeping track of money given out by building societies, no longer used

42: Record of advances

Building Societies Act 1965

This old rule about building societies getting security from others no longer exists

43: Security taken from third party

Building Societies Act 1965

This rule about extra money for property sales no longer exists

44: Arrangement for excess advance in connection with sale of property

Building Societies Act 1965

This rule about building societies giving money to property buyers no longer exists

45: Implied warranty on advance to purchaser, unless notice given to the contrary

Building Societies Act 1965

This rule about talking about enough security has been removed

46: Representation as to sufficiency of security

Building Societies Act 1965

Old rules about extra mortgages no longer apply

47: Restrictions on second or subsequent mortgages

Building Societies Act 1965

Old rule about getting money for life insurance from building societies no longer applies

48: Advance for single premium life policy

Building Societies Act 1965

Building societies can now pay for mortgage introductions

49: Restriction on commissions for introduction of mortgage business

Building Societies Act 1965

Rules for selling houses with mortgages (no longer used)

50: Provisions as to sale of mortgaged property

Building Societies Act 1965

Old rule about lending money based on members' shares no longer exists

51: Limitation on advances on security of members' shares

Building Societies Act 1965

Rules for lending money without using land or shares as security no longer exist

51A: Advances on security other than mortgage of land or members' shares, or without security

Building Societies Act 1965

Registrar could ask for expert proof about fair money sharing in building groups

52: Power of Registrar to require actuary's certificate as to appropriations by ballot

Building Societies Act 1965

How to show a mortgage is paid off (old rule, no longer used)

53: Memorandum of discharge of mortgage

Building Societies Act 1965

How societies manage extra money and keep important documents safe

Building Societies Act 1965

Words used in the old rules about building societies' money

54: Interpretation

Building Societies Act 1965

Old rules about how building societies could use extra money are no longer part of the law

55: Investment and banking of surplus funds

Building Societies Act 1965

Old rule about societies holding special money has been removed

55A: Societies to hold certain public securities

Building Societies Act 1965

Rules for building societies on money matters and how they handle people's savings

Building Societies Act 1965

Building societies can no longer borrow money under this rule

56: Borrowing powers

Building Societies Act 1965

Building societies can't have savings accounts anymore

57: Restrictions on savings bank deposits

Building Societies Act 1965

Old rules about special savings accounts for homes and farms no longer apply

57A: Home ownership accounts and farm ownership accounts

Building Societies Act 1965

Rules about interest on savings no longer apply to building societies

58: Interest on deposits

Building Societies Act 1965

This rule about borrowing too much money from building societies no longer exists

59: Liability for borrowing in excess of powers

Building Societies Act 1965

This section about helping other building societies was removed from the law

60: Assistance to other building societies

Building Societies Act 1965

Old rule about sharing money details with new members was removed

61: New investors and depositors to receive copies of accounts

Rates Rebate Act 1973

Getting some money back if you own a flat and pay towards property rates

7: Refund to owner of owner-occupier flat of contribution towards rates

Public Works Act 1981

Extra money for people who lose their home to a public project

72: Additional compensation for acquisition of notified dwelling

Public Works Act 1981

How money is handled when mortgaged land is taken for public projects

99: Mortgaged land

Contract and Commercial Law Act 2017

Explaining important words used in this part of the law

9: Interpretation

Contract and Commercial Law Act 2017

Protecting honest buyers who pay fair prices for property

46: Protection of purchaser of property in good faith and for valuable consideration

Contract and Commercial Law Act 2017

Rules for making deals about things held in trust

101: Contracts relating to property held on trust

Contract and Commercial Law Act 2017

The court can decide on its own or be asked to make a decision about a minor's property

112: Order may be made on court’s own motion or on application

Trusts Act 2019

How the Trusts Act 2019 applies to trusts and works with other laws and trust rules.

5: Application, and relationship of Act with trust terms, common law and equity, and other enactments

Trusts Act 2019

A trust can last for a maximum of 125 years, unless it's a special kind of trust.

16: Maximum duration of trust

Trusts Act 2019

What happens to trust property when the trust ends

19: Distribution of trust property on expiry of trust

Trusts Act 2019

Trustees must keep important papers about the trust, like who's in charge and how money is managed.

45: Trustee must keep core documents

Trusts Act 2019

Trustees must tell beneficiaries basic info about the trust, like who's in charge and what's happening

51: Presumption that trustee must notify basic trust information

Trusts Act 2019

How trustees decide whether to give you information about a trust

53: Procedure for deciding whether presumption applies

Trusts Act 2019

How trustees can fairly split money between income and capital accounts

61: Apportionment of receipts and outgoings between income and capital

Trusts Act 2019

A trustee can add rules to money given to help someone, like paying it back or adding interest.

65: Trustee may impose conditions on payment for beneficiary’s welfare

Trusts Act 2019

Asking Public Trust to help with a trust when a trustee can't do their job

73: Application to Public Trust to consent to become delegate

Trusts Act 2019

What happens to insurance money when trust property is lost or damaged?

77: Application of insurance money for loss or damage of trust property

Trusts Act 2019

When a trustee owes you money, you can claim it from the trust, but only up to the benefit the trust received.

86: Creditor’s limited claim to trust property through trustee’s indemnity

Trusts Act 2019

Safeguarding the person managing property when they give it to someone for their lifetime

89: Protection of trustee in handing over personal property to life tenant

Trusts Act 2019

What happens to a trustee's powers when they die

102: Devolution of powers on death of trustee

Trusts Act 2019

Telling others about changes to trust property: following the rules to transfer ownership

117: Requirements to notify, register, or record divesting and vesting of trust property

Trusts Act 2019

Getting your fair share of trust property if you're a beneficiary

123: Beneficiary’s right to share of trust property

Trusts Act 2019

How a court checks if a trustee made a fair decision

127: Procedure for court’s review of trustee’s act, omission, or decision

Trusts Act 2019

Courts consider a trustee's investment plan when deciding if they broke trust rules

128: Court may take into account investment strategy in action for breach of trust

Trusts Act 2019

Trustees can ask a court to distribute trust property if a beneficiary is missing

136: Trustee may apply to court to allow distribution of missing beneficiaries’ shares

Trusts Act 2019

What happens when the government looks after property that belongs to someone else

151: Administration by the Crown of transferred property

Trusts Act 2019

Special rules for when the Trusts Act 2019 started and how it affects older trusts

Schedule 1: Transitional, savings, and related provisions

Trusts Act 2019

Court can decide to let trustees use trust money without your agreement

84: Power of court to waive requirement of consent to indemnification

Trusts Act 2019

Safeguarding buyers and lenders when trustees deal with trust property

80: Protection of purchasers and mortgagees dealing with trustees

Goods and Services Tax Act 1985

Telling the seller about tax when buying land

78F: Liability in relation to supplies of land

Goods and Services Tax Act 1985

Rules for taxing homes bought or sold between 1986 and 2011

21HB: Transitional rules related to treatment of dwellings

Goods and Services Tax Act 1985

Things you don't pay tax on, like some houses, financial services, and donated goods

14: Exempt supplies

Fair Trading Act 1986

Telling lies or tricking people when buying or selling land is not allowed

14: False representations and other misleading conduct in relation to land

Partnership Law Act 2019

Partners treat shared land like personal items, not real estate

40: Partnership land treated as personal property as between partners

Deposit Takers Act 2023

A valuer's report is a document that says how much something is worth.

About this project

What is this project?

This project is an experiment to take difficult language, and make it easier to read and understand for everyone.

How do we do this?

What's our process for taking the law and turning it into plain language?

Why is the law written like it is?

Laws are often hard to read. They use a lot of words and language we don't usually use when we talk.

Should we use AI for this?

What are the good and bad sides of using AI?

Is this information the actual law?

We hope that this information will help people understand New Zealand laws. But we think that it's important you talk to someone who understands the law well if you have questions or are worried about something.

You can talk to Community Law or Citizen's Advice Bureau about your rights.

Remember that AI can make mistakes, and just reading the law isn't enough to understand how it could be used in court.