Glaister Keegan had its biennial firm photo this month, it was great to get the team together for this shot to celebrate the people behind the work!
A recent High Court decision has clarified whether owners can rent out their homes via Airbnb in subdivisions that restrict “commercial activity”. The outcome may surprise some. In Cameron Drive Management Company Ltd v Jo-Ann Real Estate Ltd [2025] NZHC 721 , a homeowner occasionally rented their holiday home on Airbnb. Other owners in the 14-lot subdivision believed this breached a land covenant, which stated no commercial activity could be carried out on or from a property except for “private homestays”. This exception applied so long as the homestays didn’t affect the neighbourhood’s character or others’ privacy. The Court was asked to decide whether short-term Airbnb rentals, where the owner is not present, counted as prohibited commercial activity. Interestingly, the Court found that, while Airbnb hosting is in fact a commercial activity, it did not breach this particular covenant. The key reason being that the business side of the transaction happened online; that is, off-site. The booking and payment were made via the Airbnb platform, not on the property itself. Once guests arrived, they simply stayed at the house like any other occupant. In contrast, a “private homestay” (which the covenant allowed) typically involves the owner being present and actively hosting. The Court explained that “private homestays” were known in 1999 (when the covenant was drafted) as situations where the owner stays in the house with guests. Airbnb-style renting, where the owner is absent, didn’t fit that model. But because the owner wasn’t actively running a business from the property during the rental period, there was no breach. This decision serves as a reminder that land covenants must be interpreted in light of their wording, intent, and context at the time they were created. If you're buying in a subdivision with covenants, it’s important to seek legal advice early on so you understand exactly what they mean and how they could limit what you can do with the property.
Few things can sour a neighbourly relationship like a dispute over a fence. What begins as a simple question of who pays, who builds, and where exactly does the boundary lie, can quickly escalate into a frustrating, and often expensive, legal conflict. Generally, an owner is not required to fence off his or her land from the adjoining land of a neighbour. If intending to do so, however, consent of the neighbour or a court order is a prerequisite. At first glance, fences may seem straightforward. Most are built with mutual agreement and shared cost because both neighbours benefit from a well-constructed, properly placed fence. But when opinions differ or communication breaks down, disagreements can arise —sometimes over the smallest details. Common Fence Disputes Between Neighbours Fence disputes typically occur when: one neighbour erects, repairs, or replaces a fence without the other’s consent there is disagreement about who should pay; and the fence does not align with the actual legal boundary. What the Law Says Under New Zealand’s Fencing Act 1978, neighbours share equal responsibility for the cost of building or maintaining a boundary fence, provided the proper legal process is followed. Here’s how it works: Fencing Notice : To start the process, you must issue a fencing notice to your neighbour. This formal document outlines: where the fence will be built the type of work and materials proposed the estimated costs and how they will be shared; and what happens if the neighbour does not respond. Objections and Time Limits : Your neighbour has 21 days to issue a cross-notice if they disagree with any aspect of your proposal. Legal Requirements : Strict compliance with the required process is important. That means, a flawed fencing notice means your neighbour is not legally obliged to contribute. Conversely, if your neighbour doesn’t respond in time, the proposed work is considered agreed upon. Unresolved Disputes : If agreement cannot be reached, you can apply to the Disputes Tribunal or District Court to determine: where the fence should go what kind of fence is appropriate who pays for what; and who carries out the work. Unapproved Fences : If you build or alter a fence without consent or if your fence crosses into your neighbour’s land, they can apply to the Tribu n al or Court to have it removed or altered; even if, you were not seeking financial contribution. What should you do if a dispute arises? Should you have a disagreement with your neighbour concerning a fence, we recommend you discuss the problem with your neighbour in the first instance and attempt to reach agreement directly. Often, misunderstandings can be resolved through clear and respectful communication. However, where a neighbourly relationship has broken down and the parties cannot agree, resort to the courts may be the only way forward. Whether you are planning to build a new fence, facing an unexpected fencing notice, or already caught in a dispute with your neighbour, we can help you understand your rights and options. Contact our litigation team for clear, practical legal advice tailored to your situation. We are here to protect your interests and help you resolve the issue, quickly and cost-effectively.