A written instrument by which property, an interest or a right is passed or confirmed. It may also create or make a promise or obligation binding on a legal or natural person.

Deeds are generally enforceable despite any lack of consideration, because they do not operate on the assumption of a bargain between the parties to the deed as is the case with a contract.

The key elements of a deed are that it must be:

(Section 9, Property Law Act 2007 (PLA 2007).)

Procedurally, a deed must also be signed as having been witnessed by someone who is not a party to the deed (if signing in New Zealand, the witness must include their ordinary residence and an occupation or description) (section 9(7), PLA 2007).

Deeds become binding when delivered in circumstances where it is apparent that the bound party intended to be legally bound by the deed, or, if binding force is subject to conditions, when each condition is fulfilled (section 9(9), PLA 2007).

Under the Limitation Act 2010, (which the parties to a deed can contract out of) the limitation periods for actions brought under a deed are:

For guidance on the execution of deeds, see Practice notes: