Mastering Unit Title & Body Corporate Challenges: Disclosure, Compliance and Dispute

From disclosure obligations to compliance with shifting legal frameworks, don’t let vulnerabilities in unit title and body corporate matters leave your clients exposed. Equip yourself with pragmatic strategies and real-world tactics to avoid the most common traps and hidden dangers, including cost recovery issues, rule enforcement flaws, and dispute resolution risks. Gain effective countermeasures for managing these threats and leave with a stronger, more confident approach to protecting your clients from potential pitfalls.

Wednesday, 11 June 2025
Chair:

Tim Jones, Barrister

9.45am to 10.30am Advising on Body Corporate Manager Code of Conduct Obligations

 

Focus on the Code of Conduct for Body Corporate managers, introduced by the 2022 Amendment Act, including discussion of: 

  • What the manager Code of Conduct says
  • Who can enforce the Code of Conduct
  • Assumption of responsibility issues
  • Best practice for advising clients 

Presented by Thomas Gibbons, Director, Thomas Gibbons Law

10.30am to 10.45am Morning Break
Learning Objectives:
  • Navigate disclosure obligations while safeguarding confidentiality to minimise risks
  • Understand the Code of Conduct and resolve governance and management conflicts
  • Master rule-making powers, compliance, and enforcement for operational rules
  • Apply cost recovery mechanisms under Ss 126, 127, and 138 effectively
  • Manage body corporate funds and resolve levy disputes efficiently
  • Develop skills to mediate and resolve common body corporate disputes 
Description

Attend and earn 4 CPD hours

9.00am to 9.45am Disclosures vs. Confidentiality: Navigating Body Corporate Obligations and Risks

 

  • Known problems with the building and when or how much to disclose
  • Committee minutes, accuracy and transparency versus protecting commercial confidence
  • Statutory disclosure obligations versus confidentiality and privilege in a claim involving an owner 

Presented by Iain Stephenson, Partner, Lane Neave

10.45am to 11.15am Body Corporate Fund Management: Strategies for Better Outcomes

 

  • Responsibility for Body Corporates and managers
  • Legislative requirements and obligations
  • Impact of inflation
  • Balancing liquidity vs. growth
  • Maximising investment strategies to reduce future issues
  • Asset allocation and risk management 

Presented by Colin Slade, Investment Adviser, Forsyth Barr 

11.15am to 12.00pm Rule Making, Compliance and Enforcement

 

  • Review of body corporate rule-making powers
  • Examination of ultra vires rules
  • Analysis of the separate roles of the body corporate and owners in:
    • Ensuring compliance with body corporate operational rules
    • Enforcing body corporate operational rules 

Presented by Vicki Toan, Director, Toan Law

12.00pm to 12.30pm The Complexities of Apportioning Costs

 

  • The general principles of apportioning costs
  • The interplay between sections 126, 127 and 138 of the Unit Titles Act 2010
  • Schemes under s74 of the Unit Titles Act 2010

Presented by Julia Batchelor-Smith, Managing Director, Batchelor*Smith, Body Corporate Legal Specialists

12.30pm to 1.15pm Effective Dispute Resolution and Mediation

 

Body corporate disputes can quickly escalate, leading to costly and time-consuming litigation.  

  • Explore practical strategies for resolving conflicts efficiently, focusing on mediation techniques, legal considerations, and common pitfalls to avoid
  • Gain insights into dispute resolution frameworks that promote fair outcomes while preserving relationships 

Presented by Tim Rainey, Barrister, Tim Rainey Barrister 

Presenters


Iain Stephenson, Partner, Lane Neave
Iain is a Building Law and Construction Disputes specialist. He specialises in building compliance, property decision-making, and repair/maintenance projects for existing buildings. Over the past decade Iain has worked with contractors, consenting authorities, commercial and residential clients, and central government. This includes project and contract disputes, and decision making. A significant client following for Iain is the multi-unit buildings sector (mainly Unit Titles). He has appeared in the Tenancy Tribunal, District Court, High Court, Court of Appeal and Supreme Court.


Tim Rainey, Barrister, Tim Rainey Barrister
Tim Rainey is a specialist commercial litigator who was admitted to the bar in 1992. Since then, Tim has gained extensive experience in all aspects of commercial and civil litigation. He is a highly skilled litigator with over 16 years experience in trial and Appellate Courts and specialist tribunals throughout New Zealand, as well as extensive experience in conducting mediations and other forms of alternative dispute resolution. Tim formed Rainey Law in 2009 after several years as a Partner in one of New Zealand's leading commercial and construction litigation firms and prior to that, many years experience working for a specialist insurance litigation firm.


Tim Jones, Barrister
As one of New Zealand’s foremost property lawyers Tim Jones has been practising since 1975; first at Simpson Grierson and for 38 years as a member of and partner at Glaister Ennor in Auckland.  He led Glaister Ennor’s residential and land development team for many years. That team dealt with a broad range of property transactions from sales and purchases of all types of properties to the sale of developments for property developers including a significant number of unit title developments. Tim developed an intimate understanding of land development following the passing of the Resource Management Act 1991.  He also has a keen understanding and knowledge of unit titles and was involved in the mid-1970s with developers who were the forerunners of the land development industry, using the 1972 Unit Titles Act for multi-unit developments.  Tim has been involved with the drafting of the Unit Titles Act 2010 and the amendment Act 2022. Since 2018 Tim has been practicing as a barrister sole advising on a broad range of land, property and unit title problems. Tim has always been heavily involved in Law Society affairs.  He was the Auckland Vice President of the New Zealand Law Society Board.


Thomas Gibbons, Director, 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.


Colin Slade, Investment Adviser, Forsyth Barr
Colin joined Forsyth Barr Christchurch in 2022, having spent the previous 15 years playing professional rugby in New Zealand, France and Japan. Colin is registered as a financial adviser and is accredited as an NZX Adviser. He holds a BA in History and Media Studies, the New Zealand Certificate in Financial Services (Level 5) (Investment), and a Postgraduate Diploma in Business with Auckland University. Colin is a proud dad of three wonderful daughters and enjoys quality family time, barbecues, and staying active by running and playing golf.


Vicki Toan, Director, Toan Law
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.


Julia Batchelor-Smith, Managing Director, Batchelor*Smith
Julia is a specialist Unit Titles Act lawyer with over 20 years of experience within the legal profession, both in New Zealand and internationally. In 2021, she left a leading New Zealand Law Firm to found Batchelor*Smith, a specialist practice offering Unit Titles advice to Bodies Corporate, developers, Body Corporate Managers, and property owners. Julia advises on the full spectrum of Unit Titles Act matters, including the changes under the Unit Titles (Strengthening Body Corporate Governance and Other Matters) Amendment Act 2022. She deliver pragmatic outcomes required in the complex landscape of collective living, and has represented Bodies Corporate and owners, developers, builders and contractors in mediation, Tribunal, and the Courts.

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Mastering Unit Title & Body Corporate Challenges: Disclosure, Compliance and Dispute

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Single Session
Wednesday, 11 June 2025
9.00am to 1.15pm New Zealand
CPD Hours 4
$420.00
$294.00
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