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Joint Venture Agreement Between Landowner And Developer Template for New Zealand

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Key Requirements PROMPT example:

Joint Venture Agreement Between Landowner And Developer

"I need a Joint Venture Agreement Between Landowner And Developer for a mixed-use commercial and residential development project in Auckland, with construction planned to commence in March 2025, including specific provisions for sustainable building practices and staged development."

Document background
The Joint Venture Agreement Between Landowner And Developer is a crucial document used in New Zealand property development projects where a landowner seeks to develop their property in partnership with a professional developer. This agreement is particularly relevant when parties wish to combine their respective assets and expertise - typically the landowner contributing the property and the developer providing development expertise, capital, and project management capabilities. The document operates within New Zealand's legal framework, incorporating requirements from the Property Law Act 2007, Resource Management Act 1991, and other relevant legislation. It establishes the foundation for the development project by defining ownership structures, profit-sharing mechanisms, development obligations, and risk allocation between parties. This type of agreement is commonly used in both commercial and residential development projects and can be adapted to various scales of development, from single building projects to large-scale subdivisions or mixed-use developments.
Suggested Sections

1. Parties: Identification of the Landowner and Developer, including full legal names and addresses

2. Background: Context of the agreement, including property details and development intention

3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement

4. Joint Venture Formation: Establishment of the joint venture, its purpose and nature

5. Contributions of Parties: Detailed specification of what each party brings to the venture (land, capital, expertise)

6. Ownership and Interests: Parties' respective ownership interests in the venture and property

7. Management and Control: Decision-making processes, management structure, and voting rights

8. Development Obligations: Developer's responsibilities regarding the development process

9. Financial Arrangements: Capital contributions, profit sharing, loss allocation, and funding mechanisms

10. Development Process: Stages of development, timelines, and milestones

11. Distribution of Profits: Method and timing of profit distribution

12. Accounts and Records: Requirements for financial reporting and record-keeping

13. GST and Tax Matters: Treatment of GST and other tax obligations

14. Default and Remedies: Consequences of breach and available remedies

15. Termination: Circumstances and process for ending the joint venture

16. General Provisions: Standard clauses including notices, amendments, governing law

Optional Sections

1. Development Financing: Include when external financing is required, detailing lending arrangements and security

2. Pre-Sales Requirements: Include when the development requires minimum pre-sales before commencement

3. Marketing and Sales: Include when the agreement covers the sales process of developed properties

4. Resource Consent Conditions: Include when specific resource consent requirements need to be addressed

5. Intellectual Property: Include when development involves unique designs or branding

6. Environmental Obligations: Include when specific environmental considerations or obligations exist

7. Assignment and Transfer: Include when parties need ability to transfer interests

8. Dispute Resolution: Include when specific dispute resolution mechanisms are preferred beyond court proceedings

9. Force Majeure: Include when specific provisions for unforeseen events are needed

Suggested Schedules

1. Schedule 1 - Property Details: Legal description of the land, including title references and encumbrances

2. Schedule 2 - Development Plans: Architectural plans, concepts, and specifications for the development

3. Schedule 3 - Development Budget: Detailed budget including costs, contingencies, and financial projections

4. Schedule 4 - Development Timeline: Project timeline with key milestones and completion dates

5. Schedule 5 - Management Structure: Detailed governance and management procedures

6. Schedule 6 - Distribution Framework: Detailed methodology for calculating and distributing profits

7. Schedule 7 - Initial Contributions: Itemized list of each party's initial contributions and valuations

8. Appendix A - Resource Consents: Copies of obtained or required resource consents

9. Appendix B - Due Diligence Reports: Technical, legal, and financial due diligence reports

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions

















































Clauses







































Relevant Industries

Real Estate

Property Development

Construction

Urban Planning

Architecture

Property Investment

Commercial Property

Residential Property

Infrastructure Development

Land Development

Relevant Teams

Legal

Property Development

Real Estate

Construction

Project Management

Finance

Commercial

Planning and Design

Investment

Business Development

Relevant Roles

Property Developer

Real Estate Director

Development Manager

Project Manager

Construction Manager

Property Owner

Legal Counsel

Property Lawyer

Investment Manager

Development Director

Chief Executive Officer

Chief Financial Officer

Land Acquisition Manager

Planning Manager

Commercial Director

Joint Venture Manager

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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