PROUD SPONSOR SPRING 2026 Welcome to Karen Smith - Association Manager
From the President 2 Branch updates 3 Welcome to our new 9 Association Manager: Karen Smith Landonline modernisation 11 story told as the project winds down Leaky homes ongoing issue 13 Family love no bar to 16 legal disputes over property purchases Attempt to recognise new 19 branch of fraud fails in dispute Cases update 21 News – News 24 From the LENZ Office 26 Meet the team: LENZ 27 National Office Connecting with LENZ 28 on LinkedIn Milestones 29 Keeping Landonline 30 secure, resilient and future ready How stress steals our clarity 32 (and how to get it back) Court approves out of 33 date claim FROM THE PRESIDENT THIS ISSUE. Carmen Franich - President Envoy is the quarterly publication of Legal Executives New Zealand Rangai Hapai Ture O Aotearoa. PRESIDENT: Carmen Franich TREASURER: Jill Forde ASSOCIATION MANAGER: Karen Smith FINANCIAL: Yolandi Thompson MEMBERSHIP: Michelle Lui EDITOR: Adrienne Olsen Adroite Communications adrienne@adroite.co.nz WRITERS: Catriona MacLennan Adrienne Olsen ASSEMBLED BY: Shout Creative PRINTER: Bays Print Management Ltd COVER PHOTO: Spring lambs Legal Executives New Zealand Inc PO Box 38094, Howick Auckland 2145 Level 2, 22 Picton Street Howick, Auckland 2014 T: 09 250 1630 E: envoy@legalexecutives.org.nz W: www.legalexecutives.org.nz Envoy is sponsored by APEARS. Legal Executives New Zealand 2 Spring 2026 As we head towards the end of the year, we have certainly been keeping busy. Although, after the wintery blast that swept across the country in August, it has been nice to be tucked away in our warm offices, doing what Registered Legal Executives do best. Welcome Karen Smith Karen has settled into the office exceptionally well, and I am delighted to report that the Board is very pleased to have Karen at the helm as we embark on some exciting new directions for LENZ. In just her first few months, Karen has already made a significant impact. She has been busy driving a number of initiatives for our members, including building LENZ's profile on LinkedIn, co-presenting with me at the NZ LAW Limited Legal Executives Conference, attending New Zealand Law Society meetings, supporting our office team through the membership renewal period, and overseeing important website and technology updates. Karen's enthusiasm, professionalism and forwardthinking approach have been evident from day one. I am genuinely excited about the opportunities ahead and look forward to seeing LENZ continue to grow and thrive under her leadership. Thank you It is hard to believe that my term as President is coming to an end. Four years have passed so quickly, and I have enjoyed every minute of this incredible journey. I have especially appreciated the close working relationship I have shared with Yolandi Thompson and Michelle Lui at National Office. They work tirelessly on behalf of our members, and I am deeply grateful for their dedication and support that they have given me over the years. I look forward to our continued friendship. My sincere thanks also go to the Board and National Council members for providing a supportive, safe and collegial environment, with Registered Legal Executives and the advancement of our profession being at the heart of every decision. These people are invested, spending their own time away from family for the benefit of LENZ. Thank you again so much; it has been excellent working with you all. To my Vice President, Necia Parker, there are simply no words sufficient to express my gratitude. Your support has been invaluable and unwavering, and I look forward to seeing you step into the leadership role and guide LENZ into its next chapter. To Karen, our new Association Manager, I look forward to continuing our positive working relationship and seeing all that we can achieve together. Finally, thank you to our members. You make me proud every day through your professionalism, commitment and the important work you do in today's legal environment. It has been an honour and privilege to serve as your President. My final whakatauki . . . Ko te pae tawhiti, whāia kia tata: Ko te pae tata, whakanaua kia tīna Seek out distant horizons and cherish those you attain.
3 Legal Executives New Zealand Spring 2026 BRANCH UPDATES Northland Vicky Davis Northland Branch President Quiz night The pleadings are being prepared, the teams are forming and a very different kind of legal battle is on the horizon. The branch’s inaugural Battle of the Firms Quiz Night will put Northland law firms head-to-head in a contest of knowledge, strategy and perhaps a little cheeky use of the, “I’m sure I read that somewhere” rule. The legal community is, by nature, a competitive one and this event is a chance to put that competitiveness to use in a fun way for an evening of friendly rivalry. We hope to make this an annual event that will provide an opportunity to meet colleagues from across the profession, strengthen connections and enjoy some time away from the usual files, deadlines and court timetables. Brain Box Our Brain Box events are still going strong and I’m pretty sure the morning tea isn’t the only reason for that. The lively discussions and range of topics continue to make these sessions a valuable opportunity to share knowledge, compare experiences and connect with fellow members – all while earning CPD hours. Midwinter lunch Our annual midwinter long lunch was recently held at The Black Olive in Kerikeri. We were delighted to have a few members from Mangawhai (a good two hours away) join us. It was a wonderful day, with delicious food and wine, good conversation and great company. I had hoped to avoid talking about the weather in this article, but I can’t resist mentioning what a surprisingly glorious day it was for this event! CPD Believe it or not, although we really enjoy them, the branch is not all about the social events. We recently held a webinar on mental capacity that we offered our members free of charge. We were pleased to have a presenter from Dementia Tai Tokerau, as well as legal practitioners. Having both perspectives made the session particularly valuable, balancing the human and relational aspects with the relevant legal considerations. The branch is keen to provide a couple more opportunities for some CDP learning this year, including something to satisfy the wellness requirement. If you are in Northland, start assembling your teams for the Battle of the Firms Quiz Night. One thing is certain – objections will be overruled and only one firm can take the title! As always, we love to hear from members with ideas and suggestions. Feel free to contact us anytime at northland@legalexecutives.org.nz April Peri, Emma Webb, Raewyn Brown, Jen Overton, Mana Blackburn, Tracy McLaren, Je’anne Nelson, Aroha Davis, Shara Knight, Bridget Fallon, Jess Woods, Nicky Dreadon, Kim Thomson, Islah McLennan, Clare Savage, Simone Scully, Vicky Davis, Wendy Cribb, and Wendy Southall
BRANCH UPDATES Sarah Blaney Auckland Waikato Branch President Legal Executives New Zealand 4 Spring 2026 It is hard to believe we are well into the second half of the year. As always, the months seem to be flying by. Winter has certainly brought some very cold nights and mornings, although we have also been lucky to enjoy plenty of bright, sunny days I attended the National Council meeting in July, and the Auckland Waikato Branch continues to meet online on the second Tuesday of each month. We are also planning an in-person meeting in Auckland in September, that will be a welcome opportunity for members to connect faceto-face. Social events We have held several enjoyable social events over the past few months, including the branch’s old committee/new committee lunch in May at Camarosa in Hamilton. Our Auckland members travelled to Hamilton for the occasion. It was lovely to gather together while welcoming our new branch committee members - Meg Shah and Donna Gifford. Also in May, we held a Margarita Masterclass at Mexico, with events taking place on the same evening in both Auckland and Hamilton. It was a very successful event, with the Hamilton session selling out and, sadly, some members had to be turned away. During the evening, members learned how to make a range of margaritas while enjoying generous servings of delicious Mexican food. We are currently exploring a range of social events for members, including a movie night, high tea, a Turkish lamp-making workshop and local catch-ups. These events are a great way for members to step away from their desks, meet others in the profession and build connections across the wider Auckland Waikato region. If you have any suggestions for events, venues or activities that you think members would enjoy, please let me know. We are always keen to hear fresh ideas and to offer events that suit a range of interests and locations. Education and seminars Everest People ran two webinars for members: ‘Thriving Under Pressure’ in August and ‘Move Beyond Burnout’ in September. Both webinars were very well attended, and I am sure those who joined took away some useful strategies and practical reminders. Please remember that, as part of your annual CPD requirements, you must complete at least 1.5 hours of CPD that is wellbeing or professional conduct-focused. Welcome to Karen We would like to warmly welcome Karen Smith, our new Association Manager. Karen has been very busy settling into her new role. Legal Executives New Zealand now has a LinkedIn page. Please follow the page and email Karen if you have anything you would like to have shared. Thank you to all our members for your continued support, enthusiasm and involvement in the Auckland Waikato Branch. We look forward to seeing many of you at our upcoming webinars, meetings and social events over the next few months. Auckland Waikato Red Cloud Confrontation Gibbs Farm Sculpture Park, Kaipara
BRANCH UPDATES Cathy Punter Bay of Plenty Gisborne Branch President Bay of Plenty Gisborne Legal Executives New Zealand Spring 2026 At the time of writing this report, spring still feels a long way off, especially after a week of the coldest recorded o temperatures. My hometown of Rotorua was -5.6 C one morning! Property market As we move towards spring, the property market is showing signs of cautious activity rather than dramatic change. Buyers are still price-conscious, vendors are adjusting expectations and borrowers are paying close attention to where mortgage interest rates may head next. For all legal executives involved in conveyancing, refinancing, relationship property, estate administration or lending-related work, these rate movements remain a practical consideration for clients at almost every stage of a transaction. After the sharp increases experienced in 2022 and 2023, mortgage rates eased through 2024 and 2025 as the Official Cash Rate moved lower. During 2026, however, the direction has become less straightforward. The Reserve Bank increased the OCR to 2.5% in July (and to 2.75% in early September), noting that inflation pressures remain a concern and that interest rates may need to be adjusted to return inflation to target. Standard advertised mortgage rates reported by the Reserve Bank also show that, by July 2026, shorter fixed terms had edged up from earlier in the year, with oneyear standard rates around the mid-5% range and longer fixed terms sitting higher. Interest-rate movements can affect more than the client’s monthly repayment. They may influence whether finance conditions are satisfied on time, a purchaser needs an extension, a refinance remains worthwhile after break costs are considered and whether a client’s lending instructions change shortly before settlement. In a busy spring market, small timing issues can quickly become stressful if clients have not allowed enough time for bank approvals, KiwiSaver withdrawals, insurance confirmation or to update loan documentation. Social events Successful mid-year social events for the Bay of Plenty Gisborne Branch were held over winter. Gisborne members joined together for a dinner at a local restaurant, Tauranga members attended a pottery and wine evening, and Rotorua enjoyed dinner and a quiz at a local restaurant. Thank you to all the social convenors for arranging these evenings. It is important for our community to attend these events. The conversation inevitably turns to work but it’s a great way of getting to know each other outside the confines of the office. Spring is often a busier period for property transactions; this year may be no exception. While the market is not experiencing the same level of rate shock seen in earlier years, the recent trend suggests borrowers should not assume further reductions are guaranteed. For all legal executives, the safest approach is to keep finance-related timing, documentation and communication firmly on the radar from the outset. Te Ahi Tupua The picture accompanying this report is of a sculpture called Te Ahi Tupua or The Eternal Fire. The sculpture sits below road level within the middle of a roundabout near Te Puia at the entrance to Rotorua. When approaching the roundabout from any direction it appears as though the sculpture is erupting from a volcano and looks particularly spectacular when it is lit up at night. The sculpture was developed by New Zealand Māori Arts and Crafts Institute and tells the story of the arrival of geothermal energy to Rotorua. The sculpture depicts steam vents, heat, flames and eruption; it is meant to reflect the interconnectedness of the community, the pursuit of knowledge and care for our natural environment. 5 Te Ahi Tupua, Rotorua Supplied by Cathy Punter
BRANCH UPDATES Stephanie Bishop Wellington Central Districts Branch President Wellington Central Districts Legal Executives New Zealand 6 Spring 2026 At the time of writing this report, I’ve just returned to the office after attending the NZ LAW Limited Legal Executives Conference in Wellington. What a surprise to drive back to Whanganui through a snowstorm! Thankfully it was short lived, but it certainly served as a reminder that it was still winter, despite the blossom on the trees and the first lambs in the neighbours’ paddocks. It’s amazing how quickly the seasons seem to change. Spring is often associated with longer days, warmer weather, fresh beginnings and a sense of renewed energy. According to Google, spring cleaning is a thorough seasonal deep-cleaning and decluttering designed to refresh and revitalise our homes and workplaces. While that might sound like a household chore, perhaps it’s a useful reminder that we can all benefit from taking a moment to reset, whether that means clearing out a cluttered office, organising our inboxes, reviewing our priorities, or simply making time to reconnect with colleagues. So, what will you be spring cleaning this year? I know my office could certainly benefit from a good declutter and reset! Social events Over the past few months, we have been fortunate to enjoy several fantastic regional social events, each offering a wonderful opportunity for members to connect outside of their workplaces. Jamane Pope organised a successful gathering in Masterton, bringing together members from across the area. A wonderful dinner in the Hutt Valley was hosted by Sune Hume, and Kelly Henderson put together a wellattended evening for our Hawke's Bay members. Members from Whanganui enjoyed a lively Mexicanthemed night complete with some very impressive margaritas. These events are much more about sharing a meal or enjoying an evening out. They provide valuable opportunities to build relationships with colleagues in a relaxed and informal environment. In a profession where many of our interactions happen by phone or email, it can make a real difference to put faces to names. Developing those connections often makes it easier to collaborate, seek advice or work through challenging situations, knowing there is a friendly and familiar colleague on the other end of the conversation. We are always keen to hear your ideas for future events. If you know of a great venue, have an activity you'd like to try or have suggestions for your local area, we'd love to hear from you. These events are designed for our members and are partially funded through your registration fees; they allow us to subsidise meals and keep costs as affordable and accessible as possible. Your feedback helps ensure we continue to offer events that are enjoyable, relevant and well attended. Branch committee The Wellington Central Districts Branch Committee meets monthly, usually for around half an hour, to discuss upcoming events, member engagement and ways we can continue to support our local legal community. While our meetings are relatively brief, they are very focused to ensure the branch continues to provide meaningful opportunities for members to connect, learn and participate. We are always open to new ideas and fresh perspectives. If there is something you would like to see your branch offer, please don't hesitate to contact any member of the committee. Our contact details are included below. We genuinely welcome your feedback. We look forward to seeing many of you at our events over the coming months. Branch Committee l President: Stephanie Bishop, Horsley Christie, Whanganui. E: stephanieb@horsleychristie.co.nz l Vice President: Hayley Furneaux, Duncan Cotterill, Wellington E: hayley.furneaux@duncancotterill.com l Treasurer: Ashleigh Kilpatrick, Treadwell Gordon, Whanganui E: ashleigh@treadgord.co.nz l Secretary/Newsletter: Angelene Stephens, Land Law E: angelene@landlawnz.com l Committee: Jo Reweti: Connect Legal, New Plymouth E: jor@connectlegal.co.nz Kelly Henderson: Bramwell Bate, Hastings E: kelly@bramwellbate.co.nz Jacynda Russell: Langley Twigg, Napier E: jacynda@langleytwigg.co.nz Sune Hume: Gillespie Young Watson, Lower Hutt E: sfhume@gywlaw.co.nz Jamane Jope: Gibson Sheat, Masterton E: Jamane.jope@gibsonsheat.com
BRANCH UPDATES Nelson Marlborough 7 Legal Executives New Zealand Spring 2026 Kia ora koutou Nelson Marlborough Registered Legal Executives, There is something magical about spring in Nelson and Blenheim. The days stretch a little longer, the air is crisp, and the first bursts of colour and new life can be seen in gardens and vineyards with the promise of long, warm days ahead. We never have a lot to groan about with weather in the top of the south and this winter was lovely, but I for one am ready for some warmer days. Branch meetings I am grateful to our branch committee members; they have been fabulous to work with providing social and education opportunities in Nelson and Blenheim. We are a smaller branch than most, but I am proud of what we have achieved. Branch memberships We want to acknowledge our members who are newly qualified Registered Legal Executives, or they have upgraded their membership recently. We all know the hard work and dedication it takes to achieve these goals – congratulations! CPD and social events At the time of writing we are well into planning for a social and educational combined event to be held in Nelson in September. It has been rewarding to be increasing the number of members who attend the regular coffee catch ups. In Blenheim, Isabella Palmer’s mahi co-ordinating this has been greatly appreciated. A face-to-face with other RLEs provides such a nice opportunity for connection with others in our professional lives. We are always looking for feedback and new ideas please email us at: nelsonmarlborough@legalexecutives.org.nz AGM The upcoming branch AGM will be held in November; the date and venue to be confirmed closer to the time. Immediately after the AGM we will hold a branch meeting and appoint the branch committee members for 202627. The President’s role is not up for re-election this year but we always welcome new committee members. It is not arduous when there is a lovely team of people who enjoy the social side of being on a committee. Our end of year social event will be announced; keep an eye out for the email invitation over the coming weeks. It is always a busy time of year - but when isn’t it busy for RLEs? Ngā mihi mahana | With warm regards Natalie Bell Nelson Marlborough Branch President Seymour Square, Blenheim Photo supplied by Isabella Palmer
BRANCH UPDATES Andrea Murchland Canterbury Southern Districts Branch President Canterbury Southern Districts Legal Executives New Zealand 8 Spring 2026 It is nice to be writing for the Spring issue with sun streaming in my window and so the thought of warmer days on the horizon begin. The lambs are starting to jump around and the daffodils are about to bloom, so hopefully that might mean we get some more settled warmer weather. I have recently finished my term as President of the Rotary Club of Invercargill South but have taken on the role of Secretary. I am looking forward to the challenge that will bring whilst still getting out and about in our community doing projects, helping raise awareness and fundraising for some great causes. There is a really good feeling in giving back to the community and having some fun along the way. The mid-year catch ups that have been held throughout our region have been excellent; I have really enjoyed hearing about them. It was great to see how many people support the events; the collegiality it brings in getting the opportunity to catch up with people who do the same work you do, who might be having the same issues/challenges you are and to meet some new faces. Seminars I want to say a big thank you to Pam Harliwich who recently presented a seminar on 'Retirement Villages and the Move to Assisted Care.' She made this presentation at conference last year, but as it was held in a breakout session not everyone attending was able to attend and the livestream was on another session so she has repeated the session. I got a lot out of the presentation and was pleased to be able to attend this time. The branch is looking at holding another seminar later in the year so keep an eye out for details of this. Social events Wine evenings continue to be held regularly in Christchurch, as well as in the regions. Next thing we will be starting to talk about Christmas functions – gosh, the year just flies by! Your branch The Canterbury Southern District's Branch AGM is to be held on 9 November 2026; if you have an interest in joining the committee please come along. Details of where it will be held will be emailed to members closer to the time. Please feel free to get in touch if you have any queries/ concerns/suggestions for seminar topics or social events, or if you need any assistance. On behalf of the Branch Committee thank you for your ongoing support. Keep safe and warm everyone. Oban, Stewart Island - Halfmoon Bay
Continued on page 10... 9 Legal Executives New Zealand Spring 2026 Welcome to our new Association Manager Karen Smith Karen took over from Executive Officer, Jo Buckton, who served LENZ for 25 years. “I must acknowledge Jo’s quarter century’s commitment to LENZ and all that she did to grow the organisation that is now in such good heart. Thank you Jo for leaving such a vibrant legacy; I have very big shoes to fill,” says Karen. “As well, I’d like to acknowledge the National Office staff – Yolandi Thompson and Michelle Lui - who kept the ship steady during the inter-regnum from February to May. They did, and continue to do, an amazing job. “I also want to thank Carmen, our President, the Board and the National Council members, as well as branch presidents and many others who have messaged me. I’m heartened by the depth and warmth of your support and welcome messages.” Working with people Leading a membership organisation requires many qualities: intelligence, empathy, the ability to think strategically as well as ensuring it remains viable and engages proactively with its membership. And it’s abundantly clear that the recurrent theme in Karen’s background is people. “After initially working at DB Breweries and then Tourism New Zealand, I spent more than 14 years in the recruitment sector predominately in public practice, and (more recently) seven years as membership manager at Restaurant Association NZ. People are at the heart of these roles, and I very much enjoyed working for all those organisations. This opportunity to lead LENZ was, however, too exciting to ignore and I am delighted to have been appointed to lead Legal Executives New Zealand.” In early June, we welcomed Karen Smith to Legal Executives New Zealand as Association Manager.
Legal Executives New Zealand 10 Spring 2026 ...Continued from page 9 Karen says she is very much a people person, and is excited about meeting and working with LENZ’s 1,600+ members. “My focus will be on not only members achieving their qualifications and keeping their technical skills sharpened, but also for them to continue to build the most necessary soft skills needed in such busy workplaces and dealing with hard deadlines. “My strengths are in strategic planning, relationship building and networking,” explains Karen. "My goal is to continue growing the organisation while building on the strong legacy left by Jo Buckton. I look forward to visiting all six branches, listening to what our members want from LENZ, and working alongside the Board and our partners to deliver on those aspirations and strengthen the future of the organisation." Arriving in New Zealand Originally from England, Karen and her husband set off on the adventure of a lifetime in their late twenties, selling their home to fund a round-the-world trip. "We only intended to leave the UK for 12 months. We had an incredible time travelling around Canada's east coast and visiting 45 of the 50 US states before arriving in New Zealand. “We planned to spend six months here before continuing on to Australia. But once we arrived in Auckland, the rest of the trip never happened! New Zealand immediately felt like home. More than 20 years later, we still feel exactly the same. Becoming New Zealand citizens around 15 years ago was a proud milestone for us and confirmed what we'd known all along – this is where we were meant to be." Enjoying life Outside of work, Karen enjoys making the most of everything life has to offer. She has a love of dogs and is the proud owner of a funloving Labradoodle who is never short on personality. With a continuing passion for exploring the world, Karen loves discovering new international cuisines, often recreating favourite dishes at home. Cooking and entertaining friends are among her greatest pleasures, especially when sharing good food and great conversation. More recently, she has also developed a keen interest in growing her own vegetables, finding plenty of satisfaction in harvesting and cooking fresh produce straight from the garden. Karen, we welcome you to the LENZ family, and look forward to a long and fruitful relationship. ¢ my Save me and money when closing an estate No fy mul ple organisa ons electronically from one place Provide the needed informa on and documents once Then let the organisa on contact you to close the account And it is free to use www.myTrove.co.nz
11 Legal Executives New Zealand Spring 2026 Toitū Te Whenua Land Information New Zealand's massive project to replace Legacy Landonline has now been completed; all customers have now been moved to the upgraded platform. In July, LINZ issued a report entitled Modernising Landlonline The Survey and Title Enhancement Programme – Closure Report detailing the full story of the project and the lessons learned along the way. Landonline is an essential tool for legal executives, lawyers, conveyancers and surveyors undertaking property transactions. It is accessed every day by an average of 5,000 users. Between 2022-23, there were 2.9 million property searches; 281,000 titles were issued or reissued; and there were 500,000 property transactions. Landonline has 15,000 registered users. Original system The original digital system was implemented between 1999 and 2003. It was acknowledged as a world-leading first-generation digital transformation, with paper processes being 87% automated, survey and title data being integrated, and efficiency improving. Within a decade, however, the platform had become expensive to maintain, its security was questionable and it was unable to respond quickly to developments such as legislative reforms or changes in practice brought about by the explosion in technological advances. In 2015, Cabinet agreed that the best option was to replace Legacy Landonline with an extremely flexible, second-generation modular IT platform. In 2018, Cabinet approved an in-house build to modernise the existing system, rather than a 'big bang' replacement. It was calculated that in-house development would be $75 million cheaper than using a technology partner. At the time the programme's capital cost was estimated to be $128 million over a 12-year wholeof life period to 2030, with financial benefits totalling around the same amount. That figure was later increased to $175 million in capital costs following the challenges of the Covid pandemic; the delivery timeframe was extended by three years to 2026. Initial focus for project The report published by LINZ traces the history of the project, noting that work began in April 2019, with an initial focus on mobilising resources and building Agile delivery capability. LINZ said there had been a deliberate choice to start small, building capability and allowing LINZ to identify, learn and adapt to challenges early in the project. “This would put LINZ in a stronger position to carry out more complex work later in the programme and ensure that outputs were properly integrated with the business and aligned with LINZ strategic outcomes – to operate a world class property system and provide high value geographic and property information.” The report said that, in the first two years, the programme developed and successfully released a suite of relatively straightforward and low-risk customer service improvements. At the same time, proofs of concept were developed and work started on the more complex process of replacing the legacy platform. Went public in 2023 The new Landonline application was made publicly available in 2023, selfservice was introduced, and it became mandatory to start and finish survey capture activities in the new app. The following year, all customers were migrated to New Landonline and, in 2025, the platform shift for Modernised Landonline was completed and Legacy Landonline was switched off for external customers. Approximately 10,000 titles customers were migrated to the modernised platform in a phased approach in February-March 2025; the last of three surveying applications went to open release to 2,000 surveyor customers in July. Title customer access to the legacy platform was switched off in March 2025, and that for survey customers was discontinued from September. Learnings from the project The report concluded by outlining the lessons learned from the project and the factors critical to its success. The document said that an in-house build had allowed LINZ to use its resources as it saw fit and to have a high degree of control. Choosing a methodology SAFe (Scaled Agile Frameworks) and adhering to it rigorously had enabled the organisation to build a mature SAFe environment. Landonline modernisation story told as the project winds down Continued on page 12...
Legal Executives New Zealand 12 Spring 2026 “After initially not taking advice, external SAFe expertise proved valuable (skills were brought in to work with the team, not tell the team what to do). This involved considerable effort training and certifying staff in SAFe practices.” The review identified important factors such as including working in small teams; tight and transparent forecasting, planning and reporting systems; and initial wins. LINZ said that the early delivery of Search and Notices products had put runs on the board and built credibility with customers, creating confidence in LINZ's ability to deliver using SAFe. Customer engagement had been important, with a strongly supportive user community being backed by an active engagement team, working groups and survey and legal engagement consultants. “Feedback loops were readily accessible, and customers were able to migrate at their pace.” The paper said that the business case for the project had been finalised after years of preparation, and it provided clear direction throughout the implementation period. Having a stable and worldclass legacy platform that customers trusted provided a fallback position and allowed LINZ to do small rollouts of new functionality, allowing for incremental delivery of the new system. Another factor identified as crucial to the successful completion of the project was locating the Survey and Title Enhancement Programme within the LINZ Digital Delivery Group. This meant that the implementation team had access to the on-site developers responsible for the maintenance and support of the legacy platform. There had been a strong focus on security, and ensuring that test automation paralleled software development had been critical to achieving speedy delivery of software. ...Continued from page 11 Work continues Although the modernising Landonline project has been completed, work continues on a range of other developments. LINZ said that these include: l Further development of internal Landonline requirements for LINZ staff l The transition of LINZ staff to the new platform and the switch off of Legacy Landonline l Behind the scenes infrastructure upgrades, including database and system improvements, and l Moving into business-as-usual operations with in-house capability and a new operating model allowing Landonline to continue evolving over the coming years and decades. ¢
13 Legal Executives New Zealand Spring 2026 When former Prime Minister, Sir Geoffrey Palmer, described New Zealand as an “irredeemably pluvial country,” he was expressing a fact of life whose impact many homeowners have come to rue. Weathertightness issues have long plagued property owners in this country and, although most of the publicity about leaky homes related to timber-framed houses and apartments built between 1988 and 2004, weathertightness defects continue to be a problem to this day. Two cases reached Court of Appeal The Court of Appeal has recently dealt with two cases involving leaky homes. The judgments underline the importance of legal executives considering weathertightness issues in all property sales and purchases. Purchasers should be advised to obtain all information possible about the weathertightness of the property, and to ask detailed questions about the possibility of leaks and the reasons for - and standards of - any repairs carried out. Leaky homes ongoing issue for legal executives in property sales and purchases Registered Legal Executives acting for vendors should ensure that they are aware of their obligations of disclosure, and of the legal consequences of failing to provide information or to be candid. In particular, vendors should understand that legal liability can arise not only from positive misrepresentations, but also from evasions and omissions. Correct method to calculate losses In the first case, the Court of Appeal explained in detail the correct approach to calculate the losses on which damages awards in leaky homes cases should be based. Rahal v Bhargav [2026] NZCA 176 involved the purchase of a residential property by Ameet Bhargav and Renu Khajuria from Davinder Rahal and First Trust Ltd. It quickly became apparent that the property was leaky and the purchasers brought proceedings for breach of contractual warranty and misleading or deceptive conduct under section 9 of the Fair Trading Act 1986. Continued on page 14...
...Continued from page 13 Legal Executives New Zealand 14 Spring 2026 Section 9 provides that no person shall, in trade, engage in conduct that is misleading or deceptive or is likely to mislead or deceive. The High Court held that Mr Rahal and First Trust Ltd were liable for breach of contractual warranty for $688,868 for the cost of repairs, $103,107 for consequential losses, and $35,000 for general damages, interest and costs. The defendants were also found jointly and severally liable for $270,000 for breach of the Fair Trading Act, $51,840 for consequential losses and $80,000 in general damages, interest and costs. Both parties appealed to the Court of Appeal. In a judgment delivered by Justice Palmer, the court held that there was no doubt that Mr Rahal and First Trust Ltd were engaged in trade and that Mr Rahal had been personally aware that the property was leaky before deciding to sell it and the failure to disclose the weathertightness problems constituted misleading conduct under the Act. The Court of Appeal said that Fair Trading Act damages for breach of section 9 were assessed on the basis of compensating for the loss or damage caused by the breach of the section 9 duty not to mislead. It was necessary to examine specifically what the losses were. “This requires assessment of the particular circumstances of the plaintiffs. Did the misleading and/or deceptive conduct, here a misrepresentation as to the weathertightness of a house, lead them to purchase a property that they would not otherwise have purchased?” Justice Palmer said that, ordinarily, the loss suffered by the plaintiffs would be adequately compensated by damages equivalent to the difference between the price they paid and the actual value of the property they bought. The High Court had assessed that at $185,000. However, in this case the purchasers’ financial circumstances meant that they had received significantly less than the market value of the property, even in its leaky state. “The financial circumstances of Mr Bhargav and Ms Khajuria meant they were not able in practice to realise the value of the property they purchased. They could not sell the property because its value as a leaky home was less than their mortgage. Instead, they were locked into retaining the leaky property, living in it, enduring the physical and mental health consequences of doing so with their family, and repairing the property, on which it was reasonable for them to incur expenditure. It does not make sense to award damages on the basis of possible resale when resale was not possible.” The Court of Appeal said that the effect of Mr Rahal’s misrepresentation was to cause the proven reasonable losses associated with the purchasers being locked into ownership of the property. “These losses do not derive from the expectation of Mr Bhargav and Ms Khajuria as to what they were going to receive from buying the property. They were suffered because of Mr Rahal’s misrepresentation.” The Court of Appeal set aside the High Court’s damages awards and substituted its own awards. Deceit by fraudulent misrepresentation The second case of Wang & Anor v Vanifatova [2026] NZCA 171 involved the sale of a townhouse with weathertightness issues owned by Weiguo Wang to Angelina Vanifatova. By the time of the sale, Mr Wang had returned to China and his daughter Xiaoyue Wang and her husband He Wang represented Mr Wang Senior and acted as his agents. Ms Vanifatova discovered that the home was leaky and sued Mr Wang Senior and his daughter and son-in-law. She alleged that Ms Wang and her husband had engaged in deceit by fraudulent misrepresentation when marketing and selling the property. Ms Vanifatova claimed that the pair had misrepresented the true condition of the property by concealing the tell-tale signs of water ingress and by answering Ms Vanifatova’s due diligence questions with half-truths. The High Court held that deceit had been established and ordered the defendants to pay remedial costs of $495,190, consequential losses of $26,580 and general damages of $30,000. They appealed to the Court of Appeal. The Court of Appeal noted that, when Mr Wang Senior purchased the property in 2014, he obtained a prepurchase inspection building report which did not identify any weathertightness issues. However, the property was tenanted after Mr Wang Senior purchased it and in October 2014 an inspection report recorded that the tenant had complained about a leak and musty odour in the rear bedroom. An email reporting on the complaint said that the carpet was not wet but there had obviously been a leak, most likely over the winter months. The email said that the area matched up with the drainage pipe on the exterior wall, so it would be sensible to have it checked. Mr Wang and a ’builder friend’ came and applied sealant around the balcony but the tenant continued to complain about the leak. Mr Wang arranged for large cut-outs to be made to the internal lining, and
15 Legal Executives New Zealand Spring 2026 took up the floating timber of the deck to try and fix the leak. A professional waterproofing firm was engaged to undertake remedial work on the deck and recoat the deck membrane. Mr Wang also applied large amounts of sealant to the deck. The Court of Appeal held that, to establish tortious deceit, deliberate fraud must be proved. “Such fraud will be proved if it is shown that a false representation has been made which a defendant knew to be untrue, or was reckless as to its truth. Recklessness will only be sufficient if there is conscious indifference to the truth. The defendant must have intended the representation be relied upon by the claimant, and the claimant must have relied on it.” Their Honours said that the situation was not one of misrepresentation by positive assertions. “It was Ms Vanifatova’s case that there was deliberate misrepresentation by concealment, omission and halftruths. Her case was that the incomplete nature of the disclosure gave a false impression about the state of the building . . . the trial judge found that the Wangs knew there were significant weathertightness defects with the property, yet they deliberately provided a false impression there had not been any real such issues.” The Court of Appeal held that the critical focus for the purpose of assessing the allegation of tortious deceit was the three working day due diligence period provided by the sale and purchase agreement. “The information provided by Mr and Mrs Wang during this period was found to be incomplete and materially incorrect because it wrongly conveyed the impression there had been no issues from water ingress to the property. The appellant’s tortious liability did not arise from a contractual breach of the disclosure clause to provide the purchaser with any information relating to the property relevant to the due diligence investigation, but from the incomplete and partial provision of information by the appellants in response to specific requests made during the due diligence period. The nature of that disclosure was found to have ‘half-truths’ that were intended to deceive the purchaser.” The Court of Appeal held that Mr and Mrs Wang had known they were required to provide accurate responses to the purchaser’s questions and to furnish her with all relevant information. The appeal was dismissed. ¢ What is JobLink? JobLink is a members-only service. Its purpose is to assist our members with finding employment as Registered Legal Executives. JobLink is available to all members and their employers. What positions can be advertised on JobLink? JobLink is only for Registered Legal Executive positions or roles that will help junior members into legal executive positions. We do not assist with filling secretarial positions or other roles. How does it work? Prospective employers email their advertisement (as a PDF please) to joblink@legalexecutives.org.nz Advertisements are: l Listed on our website until the closing date l Emailed to members (once only). What information should be included in the job advertisement? - The firm’s logo - A description of the position - Whether the role is part-time, full-time, fixed contract or leave cover - Contact details and a closing date for applications. What are the charges for JobLink? Employers: The fee is $350.00 + GST, payable on receipt of invoice. Members: There is no charge for members to receive JobLink emails and/or view job advertisements on our website. However, you need to log in to your website portal (www.legalexecutives.org.nz) to see JobLink advertisements. How do I register to receive JobLink emails? All new members are automatically added to the JobLink database using the email address on their application form. Please contact us if you would prefer to use a different address for JobLink emails. If you do not want to receive JobLink notifications, please ‘unsubscribe’ via your website member portal AND email joblink@legalexecutives.org.nz with 'JobLink - Unsubscribe' in the subject line. If you have any additional queries regarding JobLink, please contact us on (09) 250 1630, or email joblink@legalexecutives.org.nz FAQs - JobLink
Legal Executives New Zealand 16 Spring 2026 However, failing to spell out exactly what is being given and whether any recompense is expected can lead not only to financial disaster for generous benefactors, but also to disputes and even the complete severing of family ties. It is therefore crucial for Registered Legal Executives acting for people helping their relations to buy property to ensure that all parties are clear about their rights and obligations. If parents or other donors wish money to be repaid, that should be set out clearly in writing and all parties should be advised of it. Family love no bar to legal disputes over property purchases In the following three cases disputes, expensive court proceedings and family acrimony would have been avoided if the parties had discussed their intentions in detail, reached agreement on the exact nature of the proposed transactions and recorded their plans prior to going ahead. Gift or loan? The first case involved the Court of Appeal considering whether the law should still presume that payments by parents to adult children were gifts intended to help American poet Robert Frost said that home was the place where, “When you go there, they have to take you in.” That expression of the obligations of family ties often extends to a desire by financially-secure family members to provide homes for their less-fortunate relations, or for joint enterprises to better the family's financial position.
17 Legal Executives New Zealand Spring 2026 children get ahead, or whether they should be treated as they would be in non-family contexts. In Liao v Liao [2026] NZCA 250 Pei-Ya Liao bought a residential property in Auckland as an investment. Her parents, A-Wang Liao and Tan-Kuei Liao Lu, contributed 10% of the purchase price. Mr Liao funded the balance with her savings and a bank loan secured over both the new property and another property she already owned. The new property was registered in Ms Liao's name. Some years later, Mr and Mrs Liao asked Ms Liao to transfer the property to them, saying that it had been purchased on the basis that it would belong to them and they would be the registered proprietors. Ms Liao did not transfer the property, and Mr and Mrs Liao brought proceedings, alleging that Ms Liao held the property on a resulting trust. They sought an order requiring Ms Liao to transfer the property to them and account for the profits accrued from it. In the High Court, Justice Woolford held that the presumption of advancement applied so that the amount Mr and Mrs Liao contributed to the property was treated as a gift to Ms Liao and she was the beneficial owner of the property. Mr and Mrs Liao appealed to the Court of Appeal. In a judgment delivered by Justice Courtney, the court said that, where a person made a voluntary payment to another person or advanced the whole or part of the purchase price for a property registered in another's name, it was presumed that they intended to retain the beneficial interest in the property transferred. “The presumption of a resulting trust may be rebutted either by evidence of an intention to make a gift (or other kind of disposition) on the part of the transferor or by the counter-presumption of advancement.” Their Honours noted that most of the cases concerning the presumption of advancement over the past century had involved voluntary transfers between couples. The present case, however, involved the presumption of advancement as it applied between parents and a child. Mr and Mrs Liao submitted that the presumption should no longer be recognised as applying to adult children, whether dependent or independent. The Court of Appeal noted that the presumption continued to operate in relation to adult children in Australia and the United Kingdon, but was no longer recognised in Canada. Their Honours reviewed recent cases and noted that, in New Zealand, the presumption of advancement had continued to be accepted in relation to adult children. The court concluded that, despite the fact that reservations had been expressed as to the ongoing rationale for the presumption, the doctrine was still part of New Zealand law and still applied to adult children. Their Honours said that they did not see any basis on which to depart from that view. The historical rationale for the doctrine was not limited to the obligation to support. “Rather, it reflects the unique relationship between parent and child, and the fact that the emotional ties underpinning that relationship endure regardless of age. While that relationship does involve moral and legal obligations, it is not reducible to them. It is the uniqueness of the relationship that justifies the presumption that parents who advance money to their children can be assumed, absent contrary evidence, to have intended to make a gift of that money.” The Court of Appeal noted that Mr and Mrs Liao had helped their other children financially and the overall effect of the evidence was easily to displace the presumption of a resulting trust, without recourse to the presumption of advancement. The appeal was dismissed. Agree on things at the start A second case which illustrates the importance of spelling out the parties' intentions from the outset in writing in family situations, is that of Bryan v Bryan [2026] NZHC 1958. Bruce Bryan was an American citizen who travelled to New Zealand in 1993 to buy an investment property. Restrictions on overseas buyers meant he could not purchase the property in his sole name, so he said that he and Lisa Bryan had agreed that he would purchase the property in her name, on the understanding that she would hold it on trust for him. Mr Bryan said he had advanced US$215,000 towards the property purchase and the land had subsequently been used for forestry operations as a means of generating income, for which he had received limited compensation. Ms Bryan said that, after she and Mr Bryan were advised that it would be unlawful for him to own the property in her name on trust for his benefit, Mr Bryan had abandoned the purchase and ceased to have any involvement with the property. She said she had bought the land in her sole name and for her sole benefit, with funds from the Bryan Family Partnership. Mr Bryan brought an application seeking to sustain a caveat he had lodged over the property, and Ms Bryan sought defendant's summary judgment against him. Associate Judge Taylor held that Mr Bryan had a reasonably arguable case that he had an equitable interest in the property through a constructive trust. He alleged that had had made a substantial contribution to Continued on page 18...
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