Legal Project Management Plan & Checklist
Purpose of this Guide: Use this guide when representing a client who is selling a residential property in New Zealand. This plan provides a comprehensive legal roadmap for conveyancers and solicitors representing the vendor 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, and mandatory customer due diligence to verify client identity and source of funds. A guaranteed search of the title is run to verify ownership and check for registered encumbrances. The practitioner reviews the draft sale and purchase agreement, confirming GST settings and condition dates. Prior to settlement, the practitioner prepares the electronic transfer and tax statements in Landonline, obtains mortgage discharge releases from the vendor's bank, and adjusts rates for the settlement statement. On settlement day, the practitioner verifies the cleared funds payment undertaking, releases the transfer electronically, and disburses the net sale proceeds.
Use this guide when the purchaser has defaulted on their obligation to settle the residential property transaction on the scheduled settlement date. This pathway addresses the default remedies, calculation of late interest, service of a Settlement Notice, and subsequent contract cancellation or specific performance actions. Property Law Act 2007.
Use this guide when the property being sold by the vendor 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. Unit Titles Act 2010.
Key Legislation and Case Law: Property Law Act 2007 - s 24 (written contract mandate), s 41 (clear record of title), s 46 (implied title warranties), s 47 (vacant possession obligation), and s 49-50 (remedies for breach). Land Transfer Act 2017 - s 73 (transfer instrument), s 78 (tax statement), s 100 (discharge of mortgage), and s 236 (electronic certifications). Land Transfer Regulations 2018 - Regulation 7 (certification details). 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). Goods and Services Tax Act 1985 - s 11(1)(mb) (compulsory zero-rating rules). 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 16 (delayed CDD rules), s 22 (enhanced due diligence), and s 40 (SAR reporting). 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 Sale (Vendor) 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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