What we require

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Anti Money Laundering and Countering Financing Terrorism Act 2009 ("AML/CFT Act") From 1 July 2018, law firms and other professionals must assess the risk of money laundering. To make that assessment we are required to obtain and verify information from prospective and existing clients about a range of things this is known as Customer Due Diligence ("CDD"). CDD requires us to undertake certain background checks before providing services. In particular, we are required to take reasonable steps to make sure the information we receive from clients is correct. To do this, we will need to obtain and verify certain information from you including: Your full name; AND your date of birth; AND your address. Your New Zealand driver licence or passport will be sufficient to prove your name and date of birth. A recent bank statement or utility bill will be sufficient to prove your address. If you are seeing us about a matter relating to a company or trust, we will require additional information.
For company matters, we will need to conduct CDD on the directors and shareholders.
For Trust matters, we will need to conduct CDD on the trustees and beneficiaries. Information confirming the source of funds for a transaction may also be necessary to meet the legal requirements. If we are not able to obtain the required information for you, it is likely we will not be able to act for you. Please contact us if you have any queries or concerns.

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What we do

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Before you sign

• We will look over your Agreement to make sure that the terms of the Agreement are what you want.
• We will also discuss with you, common problem areas, to make sure that you understand these and have these covered.

After you sign.

• Notify you when the conditions are to be met; and
• Monitor the condition dates ensuring that these dates are not missed; and
• Search the title to the property and discuss with you, and
• Guide you through the process of meeting any conditions e.g when the LIM must be ordered by, what it means if issues are raised under the LIM or building report and what your rights and obligations are under the terms of the Agreement.

In the event serious issues develop, you may require input from a Property Lawyer. We can refer you to one of our Property Lawyers at Law North Ltd to assist you. Once the agreement becomes unconditional, we then work with you and your bank (if relevant) to ensure all paperwork is completed and signed to allow the settlement to proceed on the set date.

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What you do

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If Buying You will be responsible for:

• Ordering the LIM and approving the content
• Arranging a building inspection and approving it
• Applying for finance and agreeing to any loan offer
• Applying for Kiwisaver and/or Housing New Zealand first home deposit subsidy
• Approving the title

We can help with the LIM, by ordering it and looking over the basic summary of the report – there is an additional charge to our fixed fee for this of $100, plus the cost of the LIM application fee. You must make sure the property suits your plans for it. eg. If you are looking to develop the property, then you must take advice from the relevant experts. If there are issues that you are unsure of in the Building report, then you must take advice from a relevant specialist. If Selling We will guide you through the selling process. It is usually the person purchasing the property’s obligation to satisfy (ensure) the conditions in the Agreement, but occasionally the vendor (the seller) may have a duty to deal with a requirement – if so, we can assist with this and in monitoring dates etc. for you.

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