Monday, 1 September 2025
Learning Objectives:
- Differentiate between private covenants and section 108 RMA covenants, including their origin, enforcement, and practical implications
- Understand the purpose and operation of consent notices and enduring RMA conditions in land use and subdivision contexts
Description
Attend and earn 1 CPD hour
* This interactive online recording includes questions and quizzes requiring critical thinking about the topics, so you have no annual limits to the number of points/hours you can claim with this format of learning. Please verify with your CPD rules
*Original Content was created in September 2024
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
Chair
Stephanie Aquilina-Little, Senior Associate, Jackson Russell Lawyers
Presenters
Stephanie Aquilina-Little, Senior Associate, Jackson Russell LawyersStephanie is the senior associate in Jackson Russell’s property team. She has experience in providing end-to-end solutions for a wide range of property matters helping clients navigate the complex legal landscape of property transactions. Stephanie has experience 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; subdivisions and property development projects; boundary adjustments; financing and refinancing; drafting and advising on wills and enduring powers of attorney and acting on 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.
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.