Legal Project Management Plan & Checklist
Purpose of this Guide: Use this guide when representing a client who is purchasing a residential or lifestyle property in New Zealand. This plan provides a comprehensive legal roadmap for conveyancers and solicitors representing the buyer to ensure compliance with property, land registration, consumer, and tax laws from initial client engagement through to successful settlement and file archiving.
Jurisdiction: New Zealand (National). Electronic land registration is conducted online via the Land Information New Zealand (LINZ) Landonline platform. For properties under a unit title structure, separate body corporate compliance and disclosure workflows apply, which are detailed in the forks below.
The Process at a Glance: The matter begins with file onboarding, conflict checks, mandatory customer due diligence (AML/CFT CDD), and Overseas Investment Act (OIO) screening. The practitioner reviews the Agreement for Sale and Purchase, checking conditional deadlines (finance, LIM, building report). Requisitions on title are drafted and served within 10 working days. Pre-settlement steps include KiwiSaver first home withdrawals, Kāinga Ora grants, drafting Land Transfer Tax statements, e-dealing workspace setup in Landonline, and client execution of A&I forms. On settlement day, the practitioner conducts a guaranteed search, verifies apportionments, exchanges undertakings, pays via Same Day Cleared Payment (SCP), and signs and registers the transfer and mortgage.
Use this guide when the purchaser is an overseas person under the Overseas Investment Act 2005 and requires consent from the Overseas Investment Office (OIO) to purchase residential or lifestyle land. This pathway covers the preparation and monitoring of the OIO consent condition, coordinating with the OIO, and registration compliance.
Use this guide when the property being purchased by the buyer is a unit title property. This pathway addresses the mandatory statutory disclosure requirements, body corporate management coordinates, operational rules checks, and levies adjustments required under the Unit Titles Act 2010.
Use this guide when the vendor has defaulted on their obligation to complete settlement on the contractually appointed settlement date. This pathway addresses the drafting, serving, and monitoring of a formal Settlement Notice under Clause 11 of the ADLS/REINZ ASPRE to make time of the essence and protect the buyer's rights.
Key Legislation and Case Law: Property Law Act 2007 - s 24 (written contract mandate). Land Transfer Act 2017 - s 73 (transfer instrument), s 77 (tax statements), s 164A (written authority and verification of identity), s 236 (electronic certifications), and Land Transfer Regulations 2018. Overseas Investment Act 2005 - s 51A (Residential Land Statement), s 51C (lodgement restrictions), and s 6(2)(a) (ordinarily resident test). Income Tax Act 2007 - s CB 6A (2-year bright-line test for property sold on or after 1 July 2024, calculating gains using resale value less acquisition, improvements, and transactional costs), and s CB 16A (main home exclusion). Contract and Commercial Law Act 2017 - s 226-228 (electronic signatures requirements and wet-ink exclusions under Schedule 5). Anti-Money Laundering and Countering Financing of Terrorism Act 2009 - s 56 (compliance programme), s 16 (delayed CDD), and s 22 (enhanced due diligence). Unit Titles Act 2010 - s 146 (pre-contract disclosure) and s 147 (pre-settlement disclosure).
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Residential Property Purchase (Buyer) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Real Estate cases, outlining the standard TRANSACTIONAL process. Utilize these tracking templates to manage your legal cases efficiently.
| Field | Token | Type | Required | Defined in |
|---|---|---|---|---|
| Matter(4) | ||||
| Matter numberⓘ | matter.matterNumber | text | Required | inheritedmatter-core |
| Matter title | matter.title | text | - | inheritedmatter-core |
| Matter typeⓘ | matter.matterType | text | - | inheritedmatter-core |
| Matter status | matter.status | text | - | inheritedmatter-core |
| Client(1) | ||||
| Client name | matter.clientName | text | Required | inheritedmatter-core |
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