Author: Northlaw

Following his appointment, at the initial AGM of the Society held in Auckland in September 2012, to the Council of the NZ Society of Notaries Incorporated, David has recently been reviewing the Society's constitution.

In the second ever elections for the NZLS Auckland Branch, David was the fourth highest polling of the seven candidates for three positions on the Council.

David's three year term on the Executive Committee of the NZLS Property Law Section ended. He enjoyed meeting other Property Lawyers throughout the country during regional meetings at Tauranga, Hamilton, NewPlymouth, Napier, Palmerston North, Nelson, Invercargill, Dunedin Wellington and Auckland.

During his term the relevance of the Section's work and its value to property lawyers was reflected in the growth of the PLS
membership to its highest levels since the Section was established in 2000. As David steps down, about 40% of lawyers who practise mainly Property Law have joined the NZLS Property Law Section.

In the third year of his term on the Executive Committee, David had significant input into the updated Property Transactions Guidelines ("PLS" Guidelines) later adopted in July 2012 to help guide his property lawyer colleagues.

The ADLS Inc. election results for Council and President were announced on 11 December 2012.

David polled eighth of the 10 candidates for the six places on the Initial Council.

David extends his congratulations and offers his support to the re-elected President, Frank Godinet, and Nola Dangen,Brian Keene QC and Bill Spring, and the new Council members, Mary Anne Shanahan and Joanna Pidgeon.

David wishes to sincerely thank the many members of the Legal profession in Northland, Auckland and elsewhere who have offered their appreciation to him for his dedication and commitment during the first four Councils of ADLS Inc.

"It has been my privilege to serve on the Council. My involvements on the Executive Committee of the NZLS Property Law Section and the Council of the NZ Society of Notaries will continue. I have also put my name forward to serve again on the ADLS Inc. Documents & Precedents and Property Disputes Committees," said David.

David accepted nomination as one of the six elected members of the Initial Council of Auckland District Law Society Inc. (for the term from December 2012 until March 2014) and as one of the few candidates standing for President.

While some in the profession accept their representatives and regulators being appointed,1,000's of lawyers throughout NZ have supported David's democratic approach by giving him their vote over recent years.To this end he and the rest of the Interim Council of ADLS Inc have stood down well before the end of their present term (March 2013), to facilitate the transition to the Initial Council and the initiatives it will be undertaking in it's 15 month term.

David was honoured to do a reading at the ADLS Inc annual memorial service held on 28 November for lawyer colleagues who have passed away in 2012. 

The Ministry of Consumer Affairs has released what it calls "a word of advice" on the ins and outs of real estate agent agreements.

The ministry says agents will ask would-be vendors to sign a written agreement.

"Make sure that they give you a copy of the Residential Property Agency Agreements Guide to read and digest before you sign."

The agreements guide is produced by the Real Estate Agents Authority and there is an authorised online version.

The ministry says the agency agreement is a legally binding contract.

"Breaching it, even if you didn't realise, can be a very expensive mistake. So getting legal advice is also a good idea."

The ministry suggests that particular attention is paid to the agent's commission, additional expenses (such as advertising), ensuring details that are listed about the property are factual and accurate, and the type of agreement (whether a sole agency or exclusive agreement or a general agency agreement).

David has been involved in the drafting of ADLSI/REINZ Agreement for Sale & Purchase of Real Estate (Ninth) Edition 2012 which was released on 9 July 2012.

Representing the Executive Committee of the NZ Law Society Property Law Section, David Roughan attended the Farm Succession Summit, in Palmerston North.

This event is run by One Farm, a joint venture by Lincoln and Massey Universities with the support of Dairy NZ.

If you want to find out the latest thinking from industry experts in this hugely important area for farmers and their families, then call David.

David attended the recent NZLS Property Law Conference, where the overwhelming theme was the importance of lawyers being proactive.

Minister for Building and Construction, Maurice Williamson identified the need for lawyers to help people understand the complexities of insurance and re-insurance highlighted by the Canterbury earthquakes.

Talk with David if you have any doubts about what your insurance covers.

David Roughan commenced his fourth year on the Council of ADLS Inc.

He has been one of the nine elected members of the Council since 2009, and travels regularly from Whangarei to Auckland to fulfil his duties.

David has been involved in drafting both the 2010 and 2012 Rules for ADLS Inc.