Government measures in key jurisdictions 4th edition - Flipbook - Page 92
New Zealand
Property
Residential property
Have any changes
been made to
the laws around
property, rent and
enforcement?
Two significant changes were made to residential property rentals; restrictions on termination,
and prohibitions on rental increases.
For three months, residential tenancies could not be terminated unless:
• the tenant terminates the tenancy;
• the tenancy is terminated with the written agreement of both the landlord and the tenant;
• the termination is in accordance with some specific provisions such as death of the sole
tenant, abandonment, or serious damage; or
• an order is made by the Tenancy Tribunal terminating the tenancy for anti-social behaviour.
Fixed tenancies which expired during this time continued as periodic tenancies and were
then subject to the same termination restrictions. This provision ended on 25 June 2020. For six
months, rent cannot be increased under a residential tenancy. In addition, any increase notified before
the commencement date, which had not yet taken effect, no longer applies. The freeze is in effect from
26 March to 25 September 2020. Landlords can give rent increase notices now to take effect on or after
26 September 2020.
Overseas Investment
The Overseas Investments Act regulates the purchase of assets in New Zealand by
overseas people, including the purchase of any “sensitive land”. The Government has introduced a
temporary emergency notification regime designed to ensure that sales of business assets or business
interests to overseas investors as part of the economic recovery phase (particularly “distressed” sales)
are in New Zealand’s national interest.
The emergency notification regime requires all share or business asset purchase transactions to
be notified to the OIO if an overseas person is: acquiring an ownership interest of more than
25%; increasing an existing ownership interest to or beyond certain ownership thresholds (50%, 75%
or 100%); or acquiring business assets representing 25% or more of an existing business. The wording of
the change means that the sale of land and buildings could be captured by the emergency notification
regime where they are used as part of a business, even if the relevant land is not “sensitive land”.
Details on the changes to the overseas investment regime are available here.
Litigation
Are the courts
operating?
New Zealand operates a COVID-19 Alert Level system, which has different measures at each level. At the
lowest level, COVID-19 Alert Level One, the country operates as normal except that borders are closed. Even
while New Zealand was at COVID-19 Alert Level Four, the highest level in the alert system, the courts
remained operational. During the COVID-19 Alert Level Four lockdown courts changed their practices, to
allow greater use of remote hearings, and to permit documents to be filed electronically. During this time
hearings were held only for urgent proceedings, as it took time for the necessary technology to be
implemented. At COVID-19 Alert Level Three:
• there will be no criminal jury trials;
• the court will deal with other criminal work by remote means including first appearances, bail applications
and appeals, conviction and sentence appeals, case review hearings, sentence indications, pre-trial
matters and sentencings;
• civil fixtures involving witnesses with upcoming hearing dates will be reviewed, and where possible may
continue using remote means of participation; and
• the Court will conduct as much of its usual civil business as can be safely supported, including habeas
corpus, civil appeals, judicial review, summary judgments, caveats, interlocutory applications, injunctions,
and originating applications, with participation generally by remote participation.
At COVID-19 Alert Level Two, New Zealand’s current Alert Level, the courts operate as usual. Courtrooms are
used which are of a suitable size to allow physical distancing between all counsel, parties, and witnesses. To
the extent possible, most procedural matters will be dealt with using remote means of participation.
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