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Deed of Variation
I need a Deed of Variation to amend an existing lease agreement, extending the lease term by an additional two years and adjusting the rental payment schedule to quarterly installments. The variation should also include a clause allowing for a rent review after the first year of the extended term.
What is a Deed of Variation?
A Deed of Variation legally changes the terms of an existing agreement or contract in New Zealand. It's commonly used when parties want to modify specific parts of their original arrangement while keeping the rest intact - like updating a lease term, adjusting payment schedules, or changing property boundaries.
Unlike creating an entirely new contract, this deed efficiently records agreed changes with the same legal power as the original document. NZ courts recognize these deeds as binding when they're properly signed, witnessed, and follow the Property Law Act 2007 requirements. They're particularly useful for property transactions, trusts, and commercial contracts where a clean record of amendments needs to be maintained.
When should you use a Deed of Variation?
Use a Deed of Variation when you need to modify an existing agreement without creating an entirely new contract. Common situations include extending a lease term, adjusting payment schedules in commercial contracts, or updating trustee arrangements in family trusts - especially when the original agreement remains mostly suitable but needs specific changes.
This deed works particularly well for time-sensitive modifications under NZ law, like updating property boundaries before a sale, changing director responsibilities in company documents, or revising terms in shareholder agreements. It saves time and money compared to drafting new contracts, while maintaining a clear legal record of exactly what changed and when.
What are the different types of Deed of Variation?
- Deed Of Variation Commercial Lease: Modifies existing lease terms, such as rent adjustments or tenure extensions
- Contract Deed Of Variation: Adapts general commercial contracts and business agreements
- Deed Of Family Variation: Updates family trust arrangements or inheritance provisions
- Deed Of Novation And Variation: Changes contract terms while also transferring rights to new parties
- Deed Of Variation Form: Standard template for straightforward modifications across various agreement types
Who should typically use a Deed of Variation?
- Property Owners & Landlords: Use these deeds to modify lease terms, update rental agreements, or change property boundaries
- Business Directors: Adapt commercial contracts, shareholder agreements, or company constitutions as business needs evolve
- Trustees: Modify trust arrangements to reflect changing family circumstances or beneficiary needs
- Legal Practitioners: Draft and review variations to ensure compliance with NZ law and proper execution
- Commercial Tenants: Negotiate and agree to changes in lease terms, particularly for retail or office spaces
- Company Secretaries: Maintain official records of variations and ensure proper corporate governance
How do you write a Deed of Variation?
- Original Agreement: Locate and review the complete original document, noting its date and all parties involved
- Proposed Changes: List specific clauses or terms that need modification, including exact new wording
- Party Details: Gather current contact information and legal names of all involved parties
- Authority Check: Confirm each party's authority to make changes under NZ law
- Documentation: Collect supporting documents showing why changes are needed
- Timing Requirements: Note any deadlines or effective dates for the variations
- Template Selection: Use our platform to generate a legally-sound deed that includes all required elements
- Witness Planning: Arrange for qualified witnesses as required by NZ law
What should be included in a Deed of Variation?
- Title and Date: Clear identification as a Deed of Variation with execution date
- Party Details: Full legal names and addresses of all parties to the original agreement
- Original Agreement: Reference to the document being varied, including its date and parties
- Recitals: Background explaining why variations are needed
- Variation Clauses: Specific changes to the original agreement, clearly stated
- Effective Date: When the variations take effect
- Governing Law: Explicit statement of NZ law jurisdiction
- Execution Block: Signature spaces with witness requirements per NZ Property Law Act
- Definitions: Clear explanations of any new or modified terms
What's the difference between a Deed of Variation and a Deed of Rectification?
A Deed of Variation modifies an existing agreement, while a Deed of Rectification serves a different purpose. Let's explore their key differences:
- Purpose: Variations intentionally change agreed terms for the future, while rectifications correct errors or omissions that were present from the start
- Legal Effect: Variations create new obligations going forward, whereas rectifications restore the original intended agreement retrospectively
- Timing Impact: Variations take effect from an agreed future date, but rectifications are deemed to have been in place since the original document's execution
- Evidence Required: Variations need only mutual agreement on new terms, while rectifications must prove the original document didn't reflect both parties' true intentions
- Court Treatment: NZ courts generally favor variations for intentional changes but require clear evidence of mutual mistake for rectifications
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