Subdivision Success: Mastering Cross Lease Rectification, Covenants and Titles

As development demand continues to rise across Aotearoa make sure you’re equipped with the information and strategies needed to capitalise on the current climate. Consider the impact of the New Fast-track Approvals Bill on your subdivision undertakings.  Know how to address defects in cross lease titles and understand the complexities of covenants, conditions, and consent notices. With practical tips and expert guidance from a survey manager, leave feeling confident in your ability to make informed decisions when undertaking your clients next project.

Friday, 6 September 2024
Early Bird Discount ends 2 Aug 2024 $294.00
9.00am to 9.30am THE LATEST UPDATES IMPACTING SUBDIVISIONS: New Fast Track Consenting: What Does it Mean for Subdivisions


Benefit from an overview of the new Fast-track Approvals Bill and consider its impact on subdivision projects.

Presented by Charlotte Muggeridge, Partner, Harkness Henry Specialist Lawyers

9.30am to 10.00am THE LATEST UPDATES IMPACTING SUBDIVISIONS: Update on Resource Management Issues Affecting Subdivisions

 

  • Overview of recent and proposed changes to the RMA relating to urban development
  • Proposed changes to the planning framework relating to the Medium Density Residential Standards

Presented by Kate Storer, Special Counsel, MinterEllisonRuddWatts

Description

Attend and earn 4 CPD hours

Chair

Stephanie Aquilina-Little, Senior Associate, Jackson Russell Lawyers

11.00am to 11.15am Break
10.00am to 11.00am Cross Lease Rectification: Dealing with Defective Leases and Flats Plans in Subdivisions


Cross leases are a common form of title in New Zealand and defects in cross lease titles are encountered often when undertaking subdivisions. In this session you will cover:

  • Frequent issues with cross lease titles
  • Practical tips on how to identify defects
  • Guidance on the process for rectification of defective titles: including where there have been alterations to the external dimensions of leased structures

Presented by Kimberly Knox, Director, Gazeburt

11.15am to 12.15pm Covenants, Conditions and Consent Notices: The Intersection Between Property, Land Use and Subdivision Law

 

  • Private covenants vs section 108 RMA covenants:
    • Origins and statutory framework
    • Purpose, parties, key operative provisions, registration and enforcement
  • Resource consent conditions
    • Land use consents vs subdivision consents
    • Common RMA conditions of enduring effect, enforcement and variation
  • Consent notices: drafting, registration, enforcement and amendment

Presented by Angus McLean, Partner, Hornabrook Macdonald Lawyers and Kitt Littlejohn, Consultant, Hornabrook Macdonald Lawyers

12.15pm to 1.15pm THE SURVEYORS GUIDE: Medium Density Housing Developments: Fee Simple vs Unit Title


As the demand for terrace housing and other medium density housing typologies continues to rise, making enduring decisions on the appropriate form of tenure and assigning of property rights is important to get right. Graham Petrie, Survey Manager and Associate at Babbage will cover some of the pros and cons of fee simple versus unit title structures, boundary definition, management structures, car parking, easements, final approvals and timing considerations. Don't miss this opportunity to gain valuable insights into the subdivision process and make informed decisions about your clients’ next development projects.

  • The rise of terrace housing and other medium density housing typologies
  • Fee simple vs. unit title overview
  • Boundary definition differences
  • Future management: Resident Societies (aka Homeowner Associations) vs Body Corporate
  • Car parking
  • Easements, easements, easements
  • Final approvals and timing considerations

Presented by Graham Petrie, Survey Manager and Associate, Babbage Consultants

Learning Objectives:
  • Benefit from guidance on the process for rectification of defective titles
  • Gain valuable insights into the subdivision process to assist your clients’ development undertakings
  • Work through the intersection between property, land use and consent notices in your subdivision undertakings

Presenters


Stephanie Aquilina-Little, Senior Associate, Jackson Russell Lawyers
Stephanie joined Jackson Russell in 2020 after having worked in a well-reputed central Auckland boutique law firm with a particular focus on property law. Stephanie has experience in providing end-to-end solutions for a wide range of property matters and is well suited to the rigour and pace of such work, helping clients navigate the complex legal landscape of property transactions. She is client-focused, personable and enjoys working with the wide variety of different clients that general practice brings and values the long-term relationships that Jackson Russell is renowned for. Stephanie has experience in acting for vendors and purchasers in the sale and purchase of residential and commercial properties - including extensive due diligence reporting, acting for landlords and tenants in leasing transactions and disputes, easement issues, acting in subdivisions and property development projects, boundary adjustments, financing and refinancing drafting and advising on wills and enduring powers of attorney and acting om unit title matters for both bodies corporate and unit owners. Stephanie is a member of the Auckland Women Lawyers' Association (and a past treasurer), the Auckland District Law Society, the Women in Property division of the Property Council NZ, and the Property Law Section of the New Zealand Law Society, she is also a past member of the board of trustees for St Ignatius Catholic School. Stephanie speaks fluent french, having lived and worked in France with her family for several years. In her spare time, Stephanie enjoys spending time with her family, travelling both around New Zealand and overseas and getting outdoors, particularly if it involves a boat.


Charlotte Muggeridge, Partner, Harkness Henry Specialist Lawyers
Charlotte has a specialised skill range across resource management, property development, easements, subdivisions, local government and unit titles. Before joining Harkness Henry, she worked in local government and in private practice. Charlotte has presented seminars for the New Zealand Law Society, Survey & Spatial New Zealand, the Waikato Plan, and Auckland District Law Society on property law, subdivisions, and resource management law. Charlotte has detailed knowledge of the proposed new resource management legalisation, the Natural and Built Environments Act. Charlotte sits on the Waikato Conservation Board, the Waikato Plan Leadership Committee, and the Waikato Housing initiative. Charlotte also has a passion for community governance and is a board member of the international World YWCA Board based in Geneva. Charlotte was awarded the Property Council Central Region Judge’s Choice award in 2022 for her contribution to the industry.


Graham Petrie, Survey Manager and Associate, Babbage Consultants
Graham leads the Land Surveying team with a strong focus on relationships, customer service and high professional standards. Graham has a strong foundation in project and contract management, and organisational change and implementation projects.Graham’s technical skills cover a wide range of surveying disciplines as well as the entire land development and subdivision process. He has a special interest in GIS and geospatial data capture.Graham takes a blended technical and strategic approach to complex projectsand problems to find innovateve and cost-effective solutions, and he has areputation for developing lasting relationships with clients.


Kate Storer, Special Counsel, MinterEllisonRuddWatts
Kate is an environmental and resource management lawyer with more than 10 years’ experience advising public and private sector clients on all areas of resource management law. Most recently, Kate was a partner at a specialist resource management firm in Auckland. Kate works with clients on the full breadth of resource management issues, including in the urban development, infrastructure, industrial, forestry and agriculture sectors. She has expertise in advising on major development projects, including in particular rezoning and consenting large-scale greenfield urban development.


Kimberly Knox, Director, Gazeburt
Kimberly is a director at Gaze Burt Limited and specialises in property and commercial law. She provides advice to clients on a wide range of matters, including property and commercial acquisitions, subdivisions, developments and joint venture arrangements. Kimberly joined Gaze Burt in 2016. She is a graduate from the University of Auckland and has practiced in property since her admission in 2006.


Angus McLean, Partner, Hornabrook Macdonald Lawyers
Angus joined Hornabrook Macdonald in 2018. Angus has a particular interest in property law and the wide range of issues and transactions in that area. He has experience in providing funding advice and managing the pre-sale and subdivision of large residential developments and large scale building developments. He has also acted for vendors and purchasers of residential and commercial properties and for landlords and tenants in both commercial and retail leases. Angus has worked in both Auckland and London in commercial and property law. While in London he acted for one of Europe’s largest property investment funds which invested in high-yielding industrial estates.


Kitt Littlejohn, Consultant, Hornabrook Macdonald Lawyers
Kitt is a seasoned lawyer with nearly three decades of post-admission experience. After commencing practice as a property lawyer in his hometown of New Plymouth, he moved to Auckland in 1997, where he specialised in environmental and resource management law, commencing practice as a Barrister sole in 2000. Since then he has practiced almost exclusively in resource management, property, public law, and related regulatory areas. As one of the founders of Quay Chambers in 2007, Kitt has advised a diverse range of individual and corporate clients seeking approvals across a various industries, as well assisting non-profit environmental protection groups. Kitt’s extensive expertise includes advising on resource development and statutory planning projects at all stages, with specialties in urban redevelopment, rural subdivision, coastal and maritime development, retirement, childcare, waste management, and ports. With over 250 local authority hearings under his belt, Kitt is a familiar face in the Environment Court, and has appeared in the District Court, Maori Land Court, High Court, Court of Appeal and Supreme Court on numerous occasions. Additionally, Kitt has been qualified as an Independent Commissioner under the Ministry for the Environment’s program since 2008. He has conducted over 100 notified application hearings, held a Chair endorsement since 2014, and undertaken Commissioner work for several local authorities, including Auckland, Far North, Whangarei, Kaipara, Hastings and New Plymouth. Notably, he was a panel member for the full review of the New Plymouth District Council’s Proposed District Plan, NZ’s first full e-plan prepared under the Planning Standards. With a keen eye for detail and a knack for “big-picture thinking”, Kitt excels in navigating the intricacies of resource management and development procedures in New Zealand. His exceptional interpersonal, communication, and advocacy skills also make him adept at resolving complex issues and handling intellectual challenges with ease.

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Subdivision Success: Mastering Cross Lease Rectification, Covenants and Titles

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Single Session
Friday, 6 September 2024
9.00am to 1.15pm New Zealand
CPD Hours 4
$420.00
$420.00
Early Bird Discount ends 2 Aug 2024 $294.00
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