Services / Property Law / Property Development

PropertyDevelopment

Legal advice for property developers - resource consents, development agreements, joint ventures, and project structuring across New Zealand.

How we can help

Property development in Auckland is shaped by complex planning rules, infrastructure demands, and market dynamics. Indus Legal works with developers of all sizes - from first-time investors building a duplex in South Auckland to experienced operators delivering multi-unit residential and mixed-use projects across Auckland. We provide strategic legal advice from site acquisition through to title creation and settlement with end-purchasers, helping you manage risk and maximise returns at every phase of your development.

Our property development practice covers resource consent applications under the Resource Management Act 1991, compliance with the Auckland Unitary Plan, negotiation of development contributions, infrastructure agreements with council, and structuring of joint ventures and development agreements between co-investors. We also advise on the sale of off-the-plan units, sunset clause obligations, disclosure requirements under the Unit Titles Act 2010, and GST on progressive land supplies.

Successful property development depends on having the right legal structure in place before ground is broken. Indus Legal helps you choose the optimal entity structure - whether a limited liability company, limited partnership, or look-through company - and prepares the agreements that protect your position if disputes arise. With offices in Botany, Auckland, we are well-placed to support development projects across New Zealand's fastest-growing regions.

What we help with

  • Site acquisition due diligence, feasibility analysis, and structuring of purchase agreements with development conditions
  • Resource consent applications, plan changes, and compliance with the Auckland Unitary Plan
  • Joint venture agreements, development agreements, and co-investor arrangements for multi-party projects
  • Entity structuring for property developments - companies, limited partnerships, and look-through companies
  • Off-the-plan sales agreements, sunset clauses, and disclosure obligations under the Unit Titles Act 2010
  • Development contribution negotiations and infrastructure agreements with Auckland Council

Frequently asked questions

What entity structure is best for a property development in New Zealand?

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The optimal structure depends on the number of parties involved, the scale of the project, financing arrangements, and tax considerations. Common structures include a standard limited liability company, a limited partnership (which offers flow-through tax treatment), or a look-through company for smaller developments. Indus Legal works alongside your accountant to recommend the structure that best balances liability protection, tax efficiency, and operational flexibility.

What legal agreements do I need for a property development joint venture?

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At a minimum, a joint venture for property development should be governed by a comprehensive joint venture or shareholders' agreement that covers capital contributions, profit sharing, decision-making authority, dispute resolution, and exit mechanisms. Depending on the structure, you may also need a development agreement, a funding agreement, and individual sale and purchase agreements for the end product. Indus Legal drafts these documents to ensure all parties' interests are clearly defined from the outset.

How do development contributions work in Auckland?

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Auckland Council levies development contributions under its Development Contributions Policy to fund infrastructure required to support growth - including transport, water, wastewater, and community facilities. The contribution amount depends on the type and scale of the development, its location within the Auckland region, and the number of additional household unit equivalents (HUEs) created. Indus Legal reviews development contribution assessments and can negotiate or object on your behalf where the assessment appears incorrect or excessive.

Ready to discuss your needs?