Are you across the slew of changes to Unit Titles coming into effect on 09 May 2024? Do you know what this means for your clients? Catch the latest updates, recent case law and statutory requirements and ensure compliance in the face of change. Gain effective strategies for committees and body corporate management, understand maintenance and repair obligations, learn about the jurisdiction and new powers of the MBIE in unit title disputes, what happens when an administrator is appointed & more.
Description
Attend and earn 4 CPD hours
9.00am to 9.05am Opening Comments by the Chair
9.50am to 10.35am Committees and Body Corporate Management
- Recap of statutory requirements for committee members and body corporate managers
- Electing and removing committee members
- Decision-making and record keeping
- Dealing with conflicts of interest
Presented by Vicki Toan, Partner, Glaister Ennor
Chair
Sean McAnally, Barrister, FortyEight Shortland Barristers
9.05am to 9.50am Recent Case Law Update
Join Dahl Calder as you reflect on some interesting cases over the past year and consider the implications for owners, committees, and chairs.
Presented by Dahl Calder, Partner, Gibson Sheat Lawyers
10.35am to 10.50am Break
10.50am to 11.35am Body Corporate Maintenance and Repair Responsibilities
With any unit title and body corporate structure, common questions arise as to maintenance and repair. This session will address these questions, combining case law with practical examples so you can provide clear advice to your clients.
- Who should do the works?
- Who pays?
- Is recovery possible?
Presented by Thomas Gibbons, Director, Thomas Gibbons Law
11.35am to 12.20pm Unit Title Disputes: Jurisdiction and MBIE Powers
- The new monitoring function of the MBIE
- Body corporate and body corporate managers to retain certain documents for at least 3 years and production of the same to MBIE on written request
- Power of entry and inspection of unit title developments by MBIE
- Improvement notices as an enforcement tool to MBIE
- Application for an administrator to the High Court, including by MBIE
- Taking of legal proceedings by MBIE and Section 202F Unit Titles (Strengthening Body Corporate Governance and Other Matters) Amendment Act 2022
- Pecuniary penalties by order of the Tenancy Tribunal for non-compliance (penalty amounts range depending on breach)
Presented by Emanuel Iliev, Solicitor, McVeagh Fleming Lawyers and Prepared by John Burley, McVeagh Fleming Lawyers
12.20pm to 1.05pm Administrator Appointments for Dysfunctional Bodies Corporate Under S141 Of The Unit Titles Act
- When can an application be made under the Unit Titles Act for appointment of an administrator to a body corporate and by whom?
- The principles that apply to showing cause for a s141 administrator appointment application
- Factual circumstances in administrator application authorities under s141 and s165
- Dysfunctionality in a s138 building repair and maintenance context
- Form of a Court application and terms of administrator appointment
Presented by Katerina Wendt, Barrister, Richmond Chambers
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Learning Objectives
- Review recent cases and consider their impact on your Unit Titles practice
- Gain valuable insight into committees and body corporate management
- Understand where responsibilities lie when faced with body corporate maintenance and repair issues
- Ensure you’re across jurisdiction and MBIE powers in unit title disputes
- Benefit from essential guidance on instances when an administrator appointment has been made for dysfunctional bodies corporates
Presenters
Vicki Toan, Partner, Glaister Ennor
Vicki Toan is a partner at Glaister Ennor. She specialises in resource management and unit titles law. She offers pragmatic and practical advice to assist her clients to achieve their goals. She works closely with the firm's property teams on pre-purchase due diligence and Overseas Investment Act matters. She has presented on resource management, local government, and unit titles topics at webinars, seminars, and conferences held by Legalwise, Auckland District Law Society, and the Australian College of Strata Lawyers.
Sean McAnally, Barrister, FortyEight Shortland Barristers
Sean has been involved with litigation in New Zealand and the Cook Islands for some 23 years. While he now predominantly acts on civil and commercial cases, his background includes criminal, family and regulatory matters. He has appeared in all levels of the court system, including the Privy Council, and also appears in specialist courts such as the Family Court and Employment Court and tribunals such as the Health Practitioners’ Disciplinary Tribunal and the Real Estate Agents’ Disciplinary Tribunal. He has worked in Wellington, as a Judges’ Clerk at the High Court, in the Cook Islands as a private practitioner and, for the past 20 years, in Auckland as a partner in a law firm and, more recently, as a barrister sole.
Thomas Gibbons, Principal, Thomas Gibbons Law
Thomas is a property law specialist. He began his career with a national law firm, and was Partner/Director of a regional firm before setting up his own practice in 2020. He is the author of Unit Titles Law and Practice (1st ed, 2011, 2nd ed, 2015), and A Practical Guide to the Land Transfer Act (2017), as well as co-author of the Laws of New Zealand titles on Land Law and Easements, Covenants, and Profits. He has lectured in property law at various universities, and in securities law for LLB and MBA programmes. His articles have been published in New Zealand and overseas law journals. Thomas has given expert evidence on land development issues in the High Court, and is currently lead drafter on the ADLS-REINZ Agreement for Sale and Purchase of Real Estate. He is also a trustee of the Waikato Housing Initiative and the Waikato Community Lands Trust.
Katerina Wendt, Barrister, Richmond Chambers
Katerina is a barrister at Richmond Chambers, advising on disputes arising from a variety of commercial and property matters, including construction contracts, commercial contracts and leases, unit title developments and defective buildings. Katerina was admitted as a lawyer in 2006, and has a broad background in commercial, civil and regulatory litigation and dispute resolution. Before joining the independent bar in 2016, Katerina worked at law firms for both private clients and government departments including the Commerce Commission, Inland Revenue, liquidators, private commercial clients, and insurers. Katerina is a member of the New Zealand Law Society, Arbitrators’ and Mediators’ Institute of New Zealand, Auckland District Law Society, New Zealand Bar Association, Society of Construction Law, and Auckland Women Lawyers Association.
Dahl Calder, Partner, Gibson Sheat Lawyers
Dahl is a Partner in the litigation team in Wellington. Prior to joining Gibson Sheat, Dahl spent over eleven years in a general practice where he gained a wide range of experience and skills. At Gibson Sheat, Dahl’s day to day involves working with numerous types of litigation matters, from Body corporate and Unit Title disputes, property related disputes, commercial disputes, debt recovery, insolvency. Dahl’s expertise lies within litigating the following areas of the law: Body corporate and Unit Title disputes and advice and Property related disputes and advice.
John Burley, McVeagh Fleming Lawyers
John is a partner at Mcveagh Fleming Lawyers. John offers practical offers practical solutions to a diverse range of problems for his clients. His key areas of specialty include: Construction litigation (leaky building claims, Construction Contracts Act disputes), Employment litigation (individual and collective employment contract negotiation, personal grievance claims, privacy and related law, professional disciplinary matters), Maori issues with focus on trust disputes, Shareholder disputes, Body Corporate advice and dispute resolution. He also provides general practice advice to companies, trusts, and individuals and acts for an institutional lender in domestic mortgage and recovery work. John prides himself in providing workable solutions for clients by providing realistic advice and settlements in preference to going to court where appropriate.
Emanuel Iliev, Solicitor, McVeagh Fleming Lawyers
Emanuel moved to New Zealand from Europe and was raised in Christchurch. He graduated from the University of Canterbury with a double degree in Law and Arts majoring in Political Science and minoring in Economics and History. Emanuel was admitted as a Barrister and Solicitor of the High Court of New Zealand in 2021. Before joining McVeagh Fleming in late 2023, Emanuel worked at several large to mid-sized firms within Auckland and Christchurch, gaining experience in a variety of areas within civil litigation including company, handling wills and trusts, property, employment, dispute resolution, construction, insurance, tort, relationship property, family, commercial transactions, professional negligence, debt recovery, and insolvency. Emanuel has appeared at all stages of both criminal and civil proceedings at Tribunals, District and High Court levels. Emanuel is results driven and has a client focused approach by aiming to get an efficient outcome for and to provide practical advice to them.
