If you’ve been living together, sharing your lives and building something together, the Property (Relationships) Act 1976 likely covers you. Understanding where you stand can help you make informed decisions about your future, whether you’re planning to stay together or considering separation.

When Does the Law Step In?

The straightforward answer? After three years of living together in a de facto relationship, the law presumes that what you’ve built together should be shared equally if you separate.

But what actually counts as a “de facto relationship”? It’s not just about how long you’ve been together or whether you share a house. The law looks at the reality of your relationship, how you’ve lived, what you’ve shared, and the life you’ve created together.

What Makes a Relationship “De Facto”?

The law defines a de facto relationship as two people, regardless of gender or sexual orientation, who are both over 18, live together as a couple, and aren’t married or in a civil union with each other.

That sounds clear enough. But real life is rarely that tidy. You might work in different cities. You might keep separate homes for practical reasons. That doesn’t necessarily mean you’re not in a de facto relationship.

When there’s a question about whether you’re in a qualifying relationship, the Court considers several factors. None of these factors alone will make or break the case, it’s about the overall picture of your relationship.

The Court looks at things like:

How long you’ve been together though remember, three years is the general threshold for equal sharing to kick in.

Your living arrangements – you can maintain separate homes and still be in a de facto relationship if the rest of your lives are intertwined.

Whether you have a sexual relationship – though this isn’t essential. Many couples in long-term committed relationships may not have an active sexual relationship, and that’s okay.

Your financial situation – do you support each other financially? Do you share expenses? Complete financial independence, particularly if you live apart, may suggest you’re not in a de facto relationship.

Property you’ve acquired together – buying a home together or other significant shared assets often indicates a de facto relationship.

Your commitment to a shared life – this is perhaps the most important factor. How do you see yourselves? Are you building a future together?

Children – whether you’re raising children together, whether or not they’re biologically both of yours.

How you share household responsibilities – who does what around the home, and how you’ve divided up daily life.

How you present yourselves to the world – what you tell family, friends, workmates. How you introduce each other. Whether you’re seen as a couple by those who know you.

The Court weighs all these factors together. What matters in your specific situation will depend on your unique circumstances.

What If We Haven’t Been Together Three Years?

Three years isn’t a magic line you can’t cross. In some situations, the Property (Relationships) Act applies even to shorter relationships.

This happens when you have a child together, or when one of you has made a substantial contribution to the relationship and when it would be seriously unjust not to recognise that contribution.

In these cases, property is divided based on what each person contributed, rather than equally down the middle.

How Can You Protect Your Interests?

If you’re in a de facto relationship, or thinking about moving in together, the clearest way to protect your property and define your rights is through a Contracting Out Agreement (sometimes called a “pre-nup,” though that term really applies to marriage).

These agreements, set out under Section 21 of the Act, let you and your partner decide for yourselves how you’ll handle property if you separate. They override the standard rules about equal sharing and contributions.

To be valid, each of you needs your own lawyer to provide independent advice. This protects both of you and ensures you each understand what you’re agreeing to.

What This Means for You

Knowing your legal position doesn’t mean you need to do anything differently. But it does mean you can make clearer decisions.

If you’re already in a relationship and didn’t realise these protections existed, you might feel reassured. If you’re moving in with someone and want to keep certain assets separate, now you know that’s an option worth exploring.

The point isn’t to assume the worst about your relationship. It’s about understanding your rights and making choices that work for both of you choices you make together, with clear eyes and good information.

If you have questions about your situation, or if you’d like to discuss a Contracting Out Agreement, we’re here to help you work through it. These conversations don’t need to be uncomfortable. We’ve guided many couples through exactly this process, and we can help you too.

The post What Are My Rights in My Relationship? appeared first on Corban Revell.

Simple, right? Not quite.

While New Zealand has plenty of wide‑open space and welcoming communities, it also has strict rules around overseas investment for those who are not currently New Zealand citizens. Legal Executive Masami Chida, part of the expert team at Corban Revell, guides clients through this complex process. She’s part of the team that delivers Property Law services tailored to each client’s situation, whether you’re navigating Overseas Investment Office (OIO) consent or finalising a purchase.

Do You Actually Need Consent to Buy?

Under the Overseas Investment Act, most people who are new to New Zealand need to get permission from the OIO to buy residential land. That includes many people living here on resident visas.

“Lots of my clients have made New Zealand their home, but they haven’t quite ticked all the boxes to be considered ‘ordinarily resident,’” Masami explains. “They want to buy a home to live in, but they don’t realise they still need official consent.”

To be classed as “ordinarily resident” in New Zealand, you must:

• Have a resident class visa
• Have been living here for at least 12 months
• Have spent at least 183 days in New Zealand in the last year
• Be a tax resident

Fall short on any of these, and you’ll likely need to apply for consent before you can buy.

What’s the Process Like?

The good news? The process isn’t as scary as it sounds, especially with the right support.

Masami helps clients determine whether they need consent or if they qualify for an exemption. “Sometimes people assume they can’t buy when they actually can. Other times, they dive in without checking and end up in a tricky situation.”

If consent is needed, Masami helps with the application and submission process, making sure everything is accurate and submitted on time. She often works with Japanese clients, offering support in their own language.

“Language is a huge part of feeling comfortable with legal matters. Many of my clients, especially those who are new to the country, just want someone they can trust to explain things clearly without confusion,” she says.

How Long Does Consent Take?

Timing is everything when buying a property, and thankfully the OIO process is relatively fast.

“In most cases, we get consent within ten working days,” Masami says. “In fact, I’ve even had it approved in just one day.” That timeframe works well with most Sale and Purchase Agreements, which typically have a 10-day conditional clause.

The application fee is around $2,000, not including legal costs, but the peace of mind is worth it.

What Happens If You Skip the Consent?

Short answer: don’t.

“The consequences of buying without consent can be serious,” Masami says. “If you buy without the proper clearance, for example at an auction, you may face significant penalties and have to sell the property.”

What About Commercial Property?

Here’s where things get a bit easier. If you’re looking at commercial or non-residential property, the rules are more relaxed.

“An overseas person can often buy commercial property without needing consent,” Masami notes. “It’s mostly residential property that’s restricted.”

Masami’s role often includes helping clients clarify exemptions like these, especially if the situation is complex or unclear.

Culturally In-Tune Legal Support

One of Masami’s strengths is her ability to support clients in a culturally sensitive way. Born in Japan and fluent in both Japanese and English, she works with clients from Japan, Korea, India, and beyond.

“When you’re making one of the biggest financial decisions of your life, it helps to talk to someone who understands where you’re coming from,” she says. “That’s true for the legal stuff, but also just the human side of the process.”

Thinking About Buying?

If you’re living in New Zealand on a resident visa and considering buying property, it pays to talk to someone who knows the ins and outs of the Overseas Investment Act, and how to navigate it without stress.

“Just ask,” Masami says. “Sometimes people assume it’s too hard or that they’ll be turned down. But often, they’re closer to eligibility than they realise.”

If you’d like to understand your options more clearly, Masami is available to help.

The post Buying Property in NZ on a Resident Visa? Here’s What You Need to Know appeared first on Corban Revell.

While many people have heard of a Power of Attorney, few truly understand how an EPOA works, or how important it can be.

According to Corban Revell Senior Partner Lisa Roberts, having the right EPOA in place can make a difficult time a little less stressful for everyone involved.

“It’s not just something for older people,” Lisa says. “A car crash, a stroke, or an unexpected diagnosis can happen at any age. An Enduring Power of Attorney is really about protecting your future and making sure the right person can step in if needed.”

Who Can Make Decisions for You?

There are two main types of EPOA in New Zealand, one for property, and one for personal care and welfare.

A Property Attorney manages your financial and legal matters, like paying bills, managing investments, or selling your house if needed. You can set this up to take effect immediately or only if you become mentally incapable.

A Personal Care and Welfare Attorney, on the other hand, only kicks in if you’re no longer able to make decisions yourself. This person might decide where you live, what kind of care you receive, or whether you undergo certain medical treatments.

“You can’t just assume a family member can make those decisions for you,” Lisa explains. “Without a legal EPOA in place, your loved ones could find themselves stuck, especially when urgent choices need to be made.”

Choosing the Right Person

Deciding who will act on your behalf is an important decision. It’s not about picking the person closest to you, but the one best able to handle the responsibility.

“It’s got to be someone you trust completely,” Lisa says. “You’re giving them the keys to your life, essentially. They need to be calm under pressure, understand what matters to you, and be willing to act in your best interest, even when it’s hard.”

She’s seen cases where the wrong choice has led to family tension or poor decisions. “Sometimes, a person appoints someone out of obligation or emotion, and it doesn’t work out. It’s okay to make a practical choice.”

What Happens Without One?

If you lose mental capacity without a valid EPOA in place, things can get messy. Your loved ones may need to apply to the Family Court for the right to make decisions for you which is often a costly, stressful, and time-consuming process.

“People often think, ‘She’ll be right,’” Lisa says. “But it’s not just about you. It’s about the people who’ll have to pick up the pieces if something goes wrong. Having an EPOA in place can take a huge weight off your family’s shoulders.”

Plan Now, Protect Your Future

The good news is that setting up an Enduring Power of Attorney is relatively straightforward with the right legal advice. And once it’s done, you can get on with life knowing your wishes are protected.

“You don’t have to be unwell or elderly to put one in place,” Lisa says. “In fact, the best time to do it is when everything’s going well. It’s a bit like an insurance policy; you hope you’ll never need it, but you’ll be glad it’s there if you do.”

Need advice about Enduring Powers of Attorney?

Contact Lisa Roberts.

The post Power of Attorney: Who Steps In When You Can’t? appeared first on Corban Revell.

According to Corban Revell Associate Lawyer Craig Orton, the most common neighbourhood disputes centre around boundaries and trees, and can intensify rapidly if not handled with care.

“One of the worst things about neighbourhood disputes,” Craig says, “is that unlike other conflicts, you can’t easily walk away. You live next door. That’s why I always say let cool heads prevail if you can.

“In some cases, these conflicts can be worse than a marriage breakdown. Many wars are between neighbouring countries!”

Fences, Trees, and Tensions

Boundary disputes are one of the most frequent sources of tension. A fence goes up, but doesn’t quite line up with the legal boundary. Or someone starts building across a shared driveway or, worse, on their neighbour’s property. What starts as a minor misunderstanding snowballs into a full-blown legal dispute.

“We see cases where a fence is built incorrectly, and it all turns to custard,” Craig explains. “I’ve seen a lot of these kinds of disputes in my 30-odd years of practice. What may seem like a small issue can turn into a much bigger problem if not addressed early.”

Trees are another common trigger. Overhanging branches, roots damaging driveways, blocked sunlight, and each can lead to heated arguments, particularly when communication between neighbours breaks down.

“Sometimes people feel their property is being affected without their consent, and that can be very upsetting. But it’s often the reaction, not the issue itself, that causes the most lasting damage to neighbourly relationships.”

Then there are cross-lease properties, where the potential for disagreement increases. “If you want to make changes on a cross-lease, you need consent from the other party,” Craig says. “The law is clear that consent can’t be unreasonably withheld. But what’s considered ‘reasonable’ can vary a lot between neighbours, and that’s where we see things start to go sideways.”

Talk First, Then Act

While some issues may seem straightforward, Craig says it’s important not to underestimate the emotional weight these disputes can carry.

“Before jumping into legal action, ask yourself: can we sort this out over a coffee? Sometimes a calm conversation and a bit of compromise can save you months of stress and significant legal costs.”

He encourages homeowners to stay grounded, even when things feel personal. “It’s easy to react emotionally when you feel someone is encroaching on your property or not respecting your space. But remember, you still have to live next to this person.

“Often, disputes drag on because both parties dig in too deeply, too soon. Taking a breath and finding common ground early can prevent long-term disputes.”

When to Seek Legal Support

That said, not every neighbourly conflict can be resolved over a cup of tea. If attempts to talk fail, particularly where property rights or access are involved, it’s best to seek legal advice before things get worse.

“Missteps early on can be costly and difficult to undo,” Craig warns. “Even just understanding your position before things escalate can give you options and confidence. You don’t have to go in guns blazing, but it helps to know what you’re legally entitled to.”

He adds that early legal advice can also help frame discussions with your neighbour more constructively, giving you clarity around what’s reasonable and what’s not.

At the end of the day, whether it’s a shared fence, a problematic tree, or a tricky cross-lease arrangement, knowing your rights and acting on them with care can make all the difference.

“Most people don’t want a war with their neighbour,” Craig says. “They just want things to be fair. Our job is to help make that happen, ideally before things end up in court.”

Need guidance on a neighbourhood dispute?

Contact Craig Orton or Masami Chida.

The post Neighbourhood Disputes: What Happens When a Fence Turns Into a Feud? appeared first on Corban Revell.

New Zealand has been struck by unprecedented weather events this year. In January Auckland suffered widespread flooding during Auckland Anniversary Weekend, and in February Cyclone Gabrielle wreaked havoc across the North Island with the Hawkes Bay region particularly badly affected.

During those flooding events, badly affected buildings were assessed by local authorities. Depending on the extent of the damage, a building could be subject to one of three colour-coded placards (or “stickers”), placing legal restrictions on access to the buildings. In increasing order of severity, the stickers are:

White – No Access Restrictions

A white sticker indicates that the building suffered only light damage or no damage, and may continue to be used. The white sticker does not necessarily mean that the building is safe, however, as there may be unobserved damage to the building. It would be prudent for owners of white-stickered buildings to have the building checked by builders or engineers for peace of mind.

White stickers expire 21 days after they are issued and may be removed by the owners.

Yellow – Access Prohibited

A yellow sticker indicates that the building has suffered some damage and that access to the building is restricted. This typically means that there some parts of the building have suffered moderate damage and have been identified as posing a significant hazard, and the public may not access the building except under supervision for a limited time on essential business, such as removing critical business records, valuables, or property.

Red – Access Prohibited

A red stickered building has suffered moderate to heavy damage and poses a significant safety hazard. It does not necessarily mean that the building will be demolished, but entry into the building is prohibited.

The Government’s Buyout Scheme

On 1 June 2023, Cyclone Recovery Minister Grant Robertson announced that the Government will enter into a voluntary buyout scheme with the owners of properties that were rendered unliveable as a result of the flooding events of earlier this year.

The Government will, in consultation with local authorities, set three categories for affected properties, with Category 1 areas being those which are still safe to live in without the need for flood damage mitigation measures; Category 2 areas being those where flood damage mitigation measures could be carried out; and Category 3 areas being those where flood damage mitigation was not possible. The Government would enter into a voluntary buyout scheme with the owners of Category 3 properties.

Category 2 properties will be further subdivided into three subcategories:

2A — a ‘placeholder’ subcategory for areas where there is insufficient initial information to determine the category; these areas may subsequently be moved to another category entirely;
2C — where community level interventions are sufficient to mitigate future flood damage risk; and
2P – where property level interventions are needed to mitigate future flood damage risk, possible together with community level interventions.
The type of sticker buildings received in the aftermath of the floods was not to be taken as an indication of what category the homes would fall under in the buyout scheme.

The number of properties that would fall into category 3 is estimated to be around 700, with around 400 in Auckland.

It is important to note that there will not be a direct one-to-one correlation between red-stickered, yellow-stickered, and white-stickered properties, and categories 1, 2, and 3. For example, it is possible that a red-stickered house will not fall into Category 3 if the area is considered safe to live in. Similarly, a yellow or white-stickered house may fall into category 3 if flood damage mitigation cannot be carried out on the property.

The details of the plan, the Minister advised, would be worked out over the coming days, and a funding arrangement would need to be put into place with local authorities to fund the buyout of Category 3 properties. An initial risk category guide was provided by the government as follows:

If You Have a Property in Category 3, What are Your Rights?

While there is still much to be decided about the process, there are a few important factors to consider.

The first is that maps published by various local Councils on 1 June 2023 were provisional only. While they may be useful as a guide or indication as to the likely categorisation of a flood-damaged property, they are not yet set in stone. In fact, the public has been cautioned that the maps “may be reviewed and altered at any time, without notice.”

The second is that, once the categorisations have been finalised, the process is intended to be voluntary. As opposed to, say, a compulsory acquisition of land pursuant to the Public Works Act, the government intends for affected homeowners to engage with them in the process. You will not be forced to sell your property. By the same token, you will not be able to compel the government to buy your property from you.

The third is that, if you have claimed money from any insurance policy, it would be prudent to preserve those funds so that they can be employed in whatever is the most appropriate way for you, particularly if the flood-damaged house is your main home. In such circumstances, it will be important to preserve your ability to purchase a new house.

Come Talk to Us

Whatever your position, we will be happy to sit down with you for an obligation-free meeting to discuss your situation and your possible options moving forward.

Contact Details

DDI: 09 837 5737

Email: lroberts@corbanrevell.co.nz

The post The Government’s Weather-Affected Buyout Scheme: What to Expect appeared first on Corban Revell.

Our diverse and multi-lingual team can conduct matters in Te reo Māori, English, Japanese, Tagalog, Sinhala, Nepali and Indian Hindi.

Contact us today.

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