Deed or Agreement NZ: Which One to Choose?

When it comes to legally binding documents, there are two main options in New Zealand: a deed or an agreement. Both of these documents have their own unique purposes, and the choice between them depends on the specific situation and circumstances.

What is a Deed?

A deed is a legal document that is used to transfer property or land ownership, or to create a legal obligation or agreement. It is a more formal and binding document than an agreement, and requires specific formalities to be adhered to.

Deeds are often used for transferring property, such as a house or land, and often involve the payment of money or consideration. They provide a higher level of security and protection than an agreement, as they are enforceable in court.

What is an Agreement?

An agreement, on the other hand, is a less formal document that outlines the terms and conditions of a particular arrangement. It is often used in business, employment, and rental situations, and can be verbal or written.

Agreements are less binding than deeds, but can still be legally enforceable. They are often used when the nature of the agreement is less formal, or where there is less need for a higher level of security.

Choosing Between a Deed and an Agreement

When deciding whether to use a deed or an agreement, there are a few key factors to consider:

1. Importance and seriousness of the arrangement: If the arrangement is very important or serious, such as a property transfer, a deed may be more appropriate to provide a higher level of legal protection and security.

2. Duration of the arrangement: If the arrangement is short-term or temporary, an agreement may be more appropriate as it is less formal and easier to create.

3. Degree of formality required: Deeds are more formal than agreements and often require specific formalities to be adhered to, such as the signing and witnessing of the document.

4. Legal advice: It is always recommended to seek legal advice when creating a legally binding document, to ensure that you are choosing the right type of document for your specific situation.

Conclusion

In summary, both deeds and agreements are important legal documents that serve different purposes. When deciding between the two, it is important to consider the specific circumstances and the degree of formality and legal protection required. Seeking legal advice is always recommended to ensure that the right type of document is chosen and that all legal formalities are adhered to.