The Property Disputes Sub committee was set up as a separate committee to fulfill a perceived need in the Profession by providing a simple, low cost process for resolving legal issues of a property nature involving solicitors.

The procedure to be followed and the preconditions to a dispute being considered by the Sub-committee are set out in the Committee Guidelines (put link in here). The procedure and conditions should be considered to ensure they are appropriate for the dispute. Members are encouraged to contact the Secretary of the Committee (details contained on the website) for further information and/or to lodge a request for a ruling. Every request is referred to the Convenor of the Sub committee and if it is considered appropriate, the matter will be considered by the Sub-committee at its next meeting. The Sub-committee usually meets on the first Wednesday of the month. However a request for an urgent ruling will be agreed if possible.

A wide range of property related disputes are covered in the course of a year. Problems with possession/settlement dates, interest for late settlement tend to be the most prevalent.

The Sub committee does not resolve conflicts of fact and generally the dispute must be on an agreed statement of facts signed off by the parties. Every effort is made to resolve the dispute adopting the correct legal principles, but “equity and good conscience” can bear on a decision where necessary.

The Sub committee encompasses a wide range of experience.

There is also a Manual of Rulings. Before a matter is referred to the Sub committee for a determination, practitioners are urged to check the Rulings Manual to see if it is a matter which has been the subject of a previous determination. The Rulings Manual is currently being updated as a result of the coming into effect of the Property Law Act 2007, the revised and updated versions of the Agreement for Sale and Purchase of Real Estate and Agreement for Sale and Purchase of a Business. Rulings in the Manual must be viewed carefully in the light of changes to legislation and documentation.

Practitioners may contact the Secretary, Property Disputes Sub Committee, Auckland District Law Society, P O Box 58, Auckland (DX CP24001). The Secretary will be happy to provide practitioners with a copy of the Guidelines and other assistance in putting forward a matter for review by the Sub committee.

Click here to view the Property Disputes committee members

Click here to view the Property Disputes Committee 2007/08 Annual Report