Property Disputes

When parties in relation to property issue are unable to resolve their dispute their legal representatives are free to submit the papers relevant to their claim to the ADLS Property Disputes Committee for an independent and binding decision to be made. The Committee comprises a panel of expert lawyers and often deals with complex practical issues that often have no precedent in case law and publish their decisions in a widely referred to manual. The Committee offers lawyers with a wide range practical experience an opportunity to provide an invaluable service to the profession.

The committee guidelines set out the application procedure and practitioners are asked to check them to ensure the committee is the appropriate forum for the dispute.

The 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 most commonly raised problems are those involving possession/settlement dates and interest for late settlement.

The committee has compiled a 2016 Rulings Manual. Before a matter is referred to the committee for a determination, practitioners are asked to check the Rulings Manual to see if it is a matter which has been the subject of a previous determination. Rulings in the Manual must be viewed carefully in the light of changes to legislation and documentation.

Please contact the Committee Secretary for further information and/or to lodge a request for a ruling at committee.secretary@adls.org.nz. Every request is referred to the Convenor of the Committee and if it is considered appropriate, the matter will be considered by the Committee. The committee meets as and when a dispute is submitted for their consideration and the parties complete all of the conditions outlined in the Committee guidelines. 

  • Click here to download the Committee Guidelines
  • Click here to download the 2016 Rulings Manual 
Barrister

Mark Colthart (Convenor)

Mark is a Barrister and Arbitrator specialising in civil and commercial litigation, arbitration, property disputes, and construction law. He is a Fellow of the Arbitrators & Mediators Institute of New Zealand, and a Fellow of the Charted Institute of Arbitrators (UK).

Phone 09 379 6017 - Email mark@markcolthart.co.nz
Barratt-Boyes Law Practice

John Barrett-Boyes

John was admitted 1980 and has been in sole practice since 1985. He specialises in property and business law and is a member of the Citizens Advice Bureau roster for Mount Roskill.

Phone 09 379 2330 - Email john@bblawpractice.co.nz
Clark & Co

Alan Clark

Phone 09 360 2413 - Email alan@clarklawyers.co.nz
Sellar Bone & Partners

Luke Crawford

Phone 09 631 0541 - Email lukec@sellarbone.co.nz
Mortlock McCormack Law

Tony Herring

Tony is a Partner at Mortlock McCormack Law in Christchurch practicing in the areas of Commercial and Property Law, with an emphasis on Commercial Leasing and Employment. He acts for a number of Crown clients as a member of the All of Government Property Law Panel and is a Notary Public for the South Island.

Phone 03 377 2900 - Email tony@mmlaw.co.nz
Queen City Law

Tina Hwang

Phone 09 970 8810 - Email tina@queencitylaw.co.nz
Wilson McKay

Renee Jensen

Phone 09 520 4544 - Email reneejensen@wilsonmckay.co.nz
Edmonds Judd

John Millar

Phone 07 873 7179 - Email johnm@edmondsjudd.co.nz
Kensington Swan

Grant Nicholson

Grant is a Partner at Kensington Swan and a highly regarded litigator, who has worked for leading firms in Auckland and London since 1994. He has experience in a broad range of commercial and property disputes, withdrawal of caveat applications, disputes about leases and the application of agreements for sale and purchase.

Phone 09 379 4196 - Email grant.nicholson@kensingtonswan.com
Barrister

Brian Rooney

Phone 09 300 1255 - Email brian@rooney.co.nz
Emma Stanley Law

Emma Stanley

Phone 03 218 3662 - Email emma@emmastanleylaw.com
Barrister

Desmond Wood

Phone 09 369 5780 - Email des@deswood.co.nz