A Practical Guide to Critical Conveyancing Issues

Conveyancing transactions are riddled with challenges that require a careful approach. From the art of drafting special conditions in contracts of sale, to navigating the complexities of retirement village conveyancing, off-the-plan, and tax in land sale transactions. Acquire a roadmap to achieving a seamless conveyance as you learn to mitigate potential roadblocks and disputes, conquer AML challenges & more. 

Wednesday, 13 March 2024
9.00am to 10.00am Critical Conveyancing Cases

Analyse the latest conveyancing cases, including the key facts in each, the important takeaways, and the potential impact on your clients and your practice.

Presented by Glen Low, Partner, Franklin Law and Petrea Parkhill, Associate, Franklin Law

10.00am to 11.00am Drafting Special Conditions in Contracts of Sale: Do’s and Don’ts
  • Techniques for clear, effective property documents
  • Avoiding ambiguities
  • Common errors to avoid
  • Practical tips and traps

Presented by Denise Marsden, Director, AlexanderDorrington Limited

11.15am to 12.15pm Retirement Village Conveyancing

This session will help you to understand the process as well as tips and traps for retirement village conveyancing. Hear from our expert presenter about the legal issues your clients need to consider as well as the different models and documents involved when assisting your clients to make the big move into a retirement living or aged care facility.

Presented by Chad Wallace, Senior Associate, CooneyLeesMorgan

12.15pm to 1.15pm Off the Plan Contracts: Risks and Issues
  • Common mistakes in off the plan documentation
  • Essential items to check in preparing off the plan contracts
  • Key risks to consider when advising a buyer in an off the plan contract
  • Conveyancing tips and tricks for off the plan contracts

Presented by Richard Chen, Senior Associate, Hesketh Henry

3.00pm to 4.00pm Conveyancers and AML/CFT Update: Risks and How to Stay Compliant
  • Be aware of the impact of changes to the Anti-Money Laundering and Countering Financing of Terrorism (AML/CFT) Act on your practice
  • Understand the ongoing measures needed to protect yourself
  • Know what steps to take in case of an oversight

Presented by Pauline Ho, Special Counsel, Dentons and Gary Spalding, Solicitor, Dentons

Session 1: Conveyancing Challenges: Cases, Drafting & Risk Mitigation

Chair: Thomas Gibbons, Director, Thomas Gibbons Law

Session 2: Navigating Conveyancing Complexities: Disputes, AML & Tax

Chair: Iain Stephenson, Partner, Lane Neave

2.00pm to 3.00pm Conveyancing Disputes: Avoiding a Dispute and Dealing with Conflict
  • Delve into strategies and practical approaches that empower property lawyers and conveyancers to navigate complex legal terrain with confidence
  • Learn how to pre-empt conflicts and handle them efficiently, ensuring smooth and successful property transactions
  • This session is your roadmap to achieving seamless conveyancing transactions while mitigating potential roadblocks and disputes

Presented by Chris LaHatte, Barrister, Mediator, Arbitrator

4.15pm to 5.15pm Tax Issues in Land Sale Transactions

Discuss key tax issues in residential and commercial land sale transactions, including:

  • Income tax consequences of land sale transactions
  • Goods and services tax considerations
  • How to manage tax risk through legal documentation

Presented by Chris Harker, Partner, Mayne Wetherell

11.00am to 11.15am Morning Tea
4.00pm to 4.15pm Afternoon Tea
Description

Attend and earn 7 CPD hours

Learning Objectives:
  • Reflect on recent conveyancing cases and their significance for conveyancing practitioners
  • Benefit from essential practice guidance on drafting contracts for sale of land
  • Gain practical tips for navigating retirement village conveyancing
  • Consider risks and issues when dealing with off the plan contracts and mitigate pitfalls
Learning Objectives:
  • Learn useful tips to avoid conveyancing disputes
  • Understand the challenges and opportunities afforded by the AML/CTF regime
  • Examine key tax issues in land sale transactions and how to manage risk

Presenters


Mr Chris LaHatte, Barrister,
Chris initially qualified as a lawyer some years ago and then began studying dispute resolution. Chris enrolled in the Masters program at Massey University for Dispute Resolution, and graduated with a dissertation on Judicial Settlement Conferences. Chris joined AMINZ as an associate and was encouraged to study for fellowship. He received the Fellowship Mediation Prize in 2008. The following year he obtained fellowship in arbitration and has presented some papers over the years reflecting an interest in issues such as conflict-of-interest and bias. In 2011 Chris became the ombudsman at the Internet Corporation for Assigned Names and Numbers, (ICANN), which is the global body administering the domain name system. Since 2016 he has practiced as a barrister, mediator and arbitrator, and has several diverse interests, including FDR mediation, Domain name mediation, lease arbitration and construction adjudication.


Chris Harker, Partner, Mayne Wetherell
Chris advises on tax law. He has advised on a number of significant transactions including mergers and acquisitions, restructures, Public Private Partnerships (PPPs), and financing arrangements. He has also acted for clients seeking binding rulings from Inland Revenue in respect of prospective transactions, and represented clients in respect of Inland Revenue investigations and disputes.


Mr Glen Low, Partner,
Glen Low is a partner of Franklin Law where he leads the commercial property team. Glen’s legal practice encompasses a wide variety of subdivision and property development work. Predominately a rural area, Franklin provides its fair share of legal conundrums for property lawyers assisting clients with subdivisions (complex issues arising from boundary encroachments, redundant easements, water supply arrangements, transferable titles and complex Records of Titles seem to feature disproportionately in a provincial practice). Glen gives regular public presentations on legal topics such as rural subdivisions and other matters of concern to Franklin locals. In addition to his seminars, Glen has written numerous articles on legal matters and has co-authored the Lexis Nexus chapters on Partnerships and Joint Ventures and has recently updated the Lexis Nexus Chapter on Easements following the new Land Transfer Act 2017.


Ms. Pauline Ho, Special Counsel,
Pauline is a special counsel in our Auckland based banking and finance team. Pauline has over 15 years’ experience acting for lenders and borrowers across a wide range of syndicated and bilateral financing arrangements including acquisition financings, working capital and revolving credit facilities, term facilities and debt restructurings. Pauline has specialist expertise in corporate and structured lending, funds and financial institution based finance and real estate finance. Pauline has also works with a number of New Zealand’s leading financial service providers, ranging from leading banks to dynamic fintechs. Pauline has advised numerous offshore providers in relation to financial services regulatory compliance, particularly in the consumer finance sector.


Mr. Gary Spalding, Solicitor,
Gary has dual roles as both a Solicitor in Dentons’ Auckland based Corporate and Commercial team, and the firm’s AML Compliance Officer. Gary started his legal career as a Legal Executive and obtained a wide range of previous experience in conveyancing, commercial litigation, estates, and banking and finance. As a Solicitor, Gary now focuses on commercial arrangements and mergers and acquisitions while also providing advice to clients on AML related issues. As AML Compliance Officer, Gary oversees the firm’s compliance with the AML/CFT Act and associated regulations and guidance.


Ms. Petrea Parkhill, Associate, Franklin Law
Petrea Parkhill is an associate in the commercial team at Franklin Law. Throughout her career she has developed a strong focus on property law including residential sale and purchases, refinances, transfers to family trusts and companies. Petrea is passionate about developing strong relationships with her clients and enjoys educating others about how the law operates, often speaking at seminars around the Franklin area.


Ms Denise Marsden, Director,
Denise is a leading expert in property law. She has a wealth of knowledge complemented by a true passion for property and people. She is smart, pragmatic and sensible and focuses on outcomes for her clients. Denise has been a director at AlexanderDorrington since 2007. She enjoys leading her team to deliver successful projects and outcomes. Recent Projects: Residential developments including 7 stage 600 lots and 5 stage 300 lots, Redevelopment of mixed use building to enable retail to be converted to residential units and sold, Sale and purchase of commercial properties including industrial, retail and office, Leasing and property advice for a national retailer with 21 stores in New Zealand, CORT Community Housing joint venture with ACC and development programme, Development programme for NZ Living which to date has delivered 287 apartments at Otahuhu, Onehunga and Northcote and 204 under development in Tamaki and Northcote, Hotel acquisitions in Wellington, Christchurch, Queenstown and Auckland and assisting with all legal issues for this accommodation manager with over 500 rooms under management across 13 properties nationally, NZS3910 and NZS3916 Contracts for apartments, industrial buildings


Mr Richard Chen, Senior Associate,
Richard advises clients on the acquisition and disposal of significant commercial property portfolios, as well as a broad range of property matters including land development, property financing, due diligence and leasing. Richard also specialises in residential property transactions, providing practical and effective advice for first home buyers through to experienced property investors and high net worth individuals on the sale and purchase of residential properties, including “off the plans” agreements and occupation right agreements. Richard enjoys collaborating with other consultants such as surveyors, planners and accountants as part of large-scale property development projects. He regularly assists property developers, financiers and investors with all property aspects of due diligence. Richard was admitted to the bar in 2014 and draws on his background in general practice and experience in a national legal firm to provide tailored advice to clients. He is currently on The Law Association’s Property Law Committee.


Mr. Chad Wallace, Senior Associate,
Chad has experience in a wide range of commercial, rural, and residential property matters, including acquisitions and disposals, leasing, subdivisions, residential build contracts, orchard and farm transactions, and property-related financing. Chad also has experience in trust, local government, forestry, and retirement village law and regularly acts for a number of building companies, property developers, commercial landlords, and retirement village operators. Before moving to Tauranga and joining Cooney Lees Morgan in 2015, Chad worked in the property team at a top-tier law firm in Auckland. Originally from Hamilton, Chad attended the University of Waikato where he obtained a Bachelor of Laws (First Class Honours) and a Bachelor of Social Science (Economics).


Mr. 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.

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A Practical Guide to Critical Conveyancing Issues

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