Property Law Act 2007

• Jurisdiction: New Zealand
• Coming into Force: 23 December 2023
• Citation: 2007 No 91
• Year: 2007
• Act Number: 91
• Record Number: DLM968961
• Reference: 2007 No 91
• Type of Document: Act

Contenidos

• Property Law Act 2007
• Contents
• 1 Title
• 2 Commencement
• Part 1
• 3 Purpose
• 4 Interpretation
• 5 Meaning of certain references
• 6 Attorney or agent may act
• 6A Transitional, savings, and related provisions
• 7 Act binds the Crown
• 8 Application
• 8A Act subject to application of Cape Town Convention and Aircraft Protocol
• Part 2
• Part 1
• 9 Deed must be in writing, executed, and delivered
• 10 When deed comes into force
• 11 Alterations after deed executed
• 12 Attorney executing deed
• 13 Contracts and other obligations entered into by bodies corporate
• 14 Construction of supplementary or annexed deed
• 15 Receipt for consideration in body of deed
• 16 Powers of appointment
• 17 Disclaimer of land
• 18 Specific performance of voluntary promises made by deed
• 19 Powers of attorney
• 20 Power of attorney continues in force until notice of revocation received
• 21 Irrevocable powers of attorney
• 22 Person between 18 and 20 years may do certain things
• 23 Construction of instruments
• Part 2
• 24 Contracts for disposition of land not enforceable unless in writing
• 25 Writing required for certain dispositions of interests in land
• 26 Doctrine of part performance not affected
• 27 Contracts of guarantee must be in writing
• 27A Writing required for discharge of debt by acceptance of part in satisfaction
• Part 3
• 28 Restriction on vendor’s right to cancel agreement, etc, if purchaser in possession
• 29 Requirements for vendor’s notice to purchaser
• 30 Defects that do not invalidate vendor’s notice or prevent purchaser offering reasonable compensation
• 31 Section 28 does not prevent or limit claims for damages
• 32 Instruments have no effect so far as they conflict with section 28, 29, 30, or 31
• 33 Relief against cancellation of agreement for sale of land
• 34 Section 33 replaces all other jurisdiction to grant relief
• 35 Application for relief not to constitute admission
• 36 Instruments have no effect so far as they conflict with section 33 or 34
• 37 Purchaser may apply for order requiring refund of deposit, etc, in respect of certain agreements
• 38 Court awarding damages against purchaser must take into account relief granted under section 37
• 39 Agreements have no effect so far as they conflict with section 37 or 38
• 40 Purchaser of lease must treat lease conditions as having been observed if vendor produces copy of rent receipt
• 41 Vendor must ensure record of title not limited or qualified as to title (whether or not also limited or qualified as to parcels)
• 42 Auction sales of property other than goods
• 43 Later title not invalid because of defect in court order
• 44 Certain instruments authorise payment to practitioner instead of party for whom practitioner acts
• Part 4
• 45 Apportionments in respect of time
• 46 Payment and recovery of apportioned part of periodical payment
• 47 Apportionment of rent from property
• Part 5
• 48 Interpretation
• 49 Application of subpart
• 50 How thing in action assigned
• 51 Further consequences of assignment of thing in action
• 52 Further provisions about assignments
• 53 Assignment of amounts payable in future
• Part 5A
• 53A Interpretation
• 53B Surety who pays debt entitled to assignment of all securities held by creditor
• 53C Rights of surety
• 53D Rights of co-sureties, etc, as between themselves
• Part 6
• 54 Effect of no registration clause
• 55 Tenants in common may declare that they are joint tenants
• 56 Person may dispose of property to himself, herself, or itself
• Part 7
• 57 Feudal incidents of estate in fee simple abolished
• 58 Abolition of obsolete estates and rules
• 59 Future estates and interests
• 59A Transitional provision for maximum duration of future estates and interests
• 60 Doctrine of interesse termini abolished
• 61 Life estate in leasehold estate
• 62 Creation and disposition of estates and interests in property
• 63 Contingent remainders and interests
• 64 When gifts over cease to be capable of taking effect
• 65 Meaning of heirs and similar words
• 66 Future interests to carry accumulated income
• 67 Vendor has no lien
• 68 Voluntary waste or equitable waste by life tenant or lessee
• 69 Voluntary or equitable waste by co-owner
• 70 Permissive waste abolished