Critical Property Updates: Sale, Development, Unit Titles and Cross Leases

When complex property law issues crop up, are you across the latest developments and practical strategies? This practical programme will give you a deeper understanding of the commercial and residential property issues that you need to know right now – including updates to the overseas investment act, inconsistencies with existing land covenants, claims for compensation under sale and purchase agreement, the rise of private lending, unit titles, cross lease title conversion and more.

Wednesday, 22 November 2023
12.30pm to 1.15pm Converting Cross Lease Conversion

 

Cross lease conversions are becoming a hot topic with the urban intensification going on in Auckland and people looking to extract as much value from their land as possible. It may also make sense to look at a cross lease conversion when rectifying a defective cross lease given the potential cost benefit in doing this.

  • Gain a detailed examination of cross lease conversions, the process and considerations when looking at one

Presented by Shaun McGivern, Partner, Haigh Lyon and Geoff Webster, Director, CKL Limited, Registered Professional Surveyor

10.00am to 10.45am Sale and Purchase Agreement: Claims for Compensation

 

  • Introduction to Compensation Claims under the ADLS/REINZ Agreement
  • Breach of terms, Misrepresentation, Fair Trading Act, Equitable Set-Off
  • How to make a Compensation Claim
  • How to respond to a Compensation Claim
  • Potential Issues to be mindful of

Presented by Tina Hwang, Senior Associate and Property Team Leader at Queen City Law NZ Limited

9.30am to 10.00am Property Finance Update: The Rise of Private Lending and Issues to Watch Out for

 

Receive a timely property finance update and consider the rise of private lending in New Zealand. Uncover essential insights and understand the impact on your property law practice.

Presented by Paul Chambers, Partner, Hamilton Locke

11.00am to 11.45am Resource Management: Conflicts with Existing Property Rights

 

  • Many practitioners report problems that intensification in metropolitan areas appears to be leading councils to grant resource consents or other forms of approval without regard to existing property rights
  • What recognition should existing property rights have in planning/resource management law?
  • What remedies do property rights holders have if their rights are being ignored?
  • What have the Courts said?

Presented by Stuart Ryan, Barrister

11.45am to 12.30pm Unit Titles and Incorporated Societies Update

 

  • Overview of the key changes under The Unit Titles (Strengthening Body Corporate Governance and Other Matters) Amendment Act
  • Overview of the new requirements under the new Incorporated Societies Act 2022
  • Practical guide for residents’ associations to comply with the changes to incorporated societies

Presented by Alysha Hinton, Partner, Duncan Cotterill

Chair:

Sean McAnally, Barrister, FortyEight Shortland Barristers

9.00am to 9.30am Overseas Investment Act Update

 

  • Tips for advising overseas buyers of residential land
  • The key duties that property lawyers owe to their overseas clients
  • Common issues, mistakes and causes of delay involving overseas investors, and how to avoid them

Presented by Pedro Morgan, Lead Advisor – Overseas Investment, Land Information New Zealand

Description

Attend and earn 4 CPD hours

10.45am to 11.00am Break
PROPERTY SALE AND DEVELOPMENT
Learning Objectives:

 

  • Benefit from an update on the Overseas Investment Act
  • Learn practical skills for converting cross lease titles to freehold titles
  • Understand how to navigate the complexities of Agreements for Sale and Purchase
  • Be updated on important developments in commercial leasing 
UNIT TITLES AND CROSS LEASES

Presenters


Mr. Geoff Webster, Director, CKL Limited
Geoff is an experienced land development consultant who has successfully designed and managed major projects in both New Zealand and the United Kingdom. During an 18 year career as a design engineer and surveyor, he has worked on diverse projects, including residential and commercial greenfield subdivisions, intensive urban renewal programmes, and social and affordable housing developments. This broad experience has allowed Geoff to develop a deep understanding of the full land development process. This understanding, along with his knowledge of urban design and sustainable development, gives Geoff the ability to develop the right solution for each individual client’s needs. Geoff is a Licensed Cadastral Surveyor and a Registered Professional Surveyor, with a Bachelor of Surveying (Honours) from the University of Otago.


Ms. Alysha Hinton, Partner, Duncan Cotterill
Alysha is a property lawyer in the Wellington commercial team. Her work includes a wide range of property, trust, estate planning, and immigration matters. Alysha has a particular interest in residential and commercial property and regularly advises clients on the sale and acquisition of commercial and residential property, including advising on due diligence issues and drafting agreements for sale and purchase. She also advises on commercial leases for both landlords and tenants, and property developments, including unit title and other subdivisions. She also provides estate planning advice, working with clients to prepare wills, relationship property agreements, and forms trusts for asset protection. Alysha has also assisted overseas individuals get work and residency visas in New Zealand. Alysha enjoys working collaboratively with clients to find pragmatic and cost effective solutions that are tailored to their specific needs.


Ms. Tina Hwang, Senior Associate and Property Team Leader at Queen City Law NZ Limited
Tina Hwang is a Senior Associate of Queen City Law and the firm’s Property Team Leader. Tina completed her LLB (Hons) degree at the University of Auckland and is on the Auckland District Law Society (ADLS) Property Disputes Committee. Tina specialises in construction and litigation. She has acted in commercial acquisitions, disputes, construction projects, residential and commercial conveyancing, negotiating tenders and construction contracts, construction contract disputes, and participated in mediations while juggling litigation. She has expertise in construction issues and has presented papers on construction law at a number of New Zealand conferences and seminars. She contributes regularly to the Builders & Contractors Magazine which publishes quarterly. Tina has also acted in employment cases, attending numerous mediations, judicial settlement conferences, Tribunals and Court appearances. She has also successfully appealed several criminal convictions in the High Court and is highly experienced in disputes resolutions while tending to take a pragmatic approach.


Mr. 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.


Mr. Shaun McGivern, Partner, Haigh Lyon
Shaun’s clients value how he easily relates to them and understands their goals, before recommending efficient action plans. Loyal and results focused, Shaun is respected for his vast international property expertise and relationship building abilities. He works hard to ensure his clients get the best out of every situation. Shaun kicked off his legal career in 2001, focusing on property, commercial law, trusts and estate planning. Today he is well-connected and draws on his deep market knowledge to advise large nationwide and publicly listed companies, SMEs and families, on all types of property transactions, structures and estate planning. On the inside, he is the firm’s go-to for everything property-related, and anything that requires a level headed response. On the outside, he is incredibly active, spending time with his young family, carving up the mountains and sea, hitting the green (golf and rugby) and fishing.


Mr. Stuart Ryan, Barrister, Akarana Chambers
Stuart Ryan is a barrister with a specialist practice in resource management, local government, public law and related areas. Stuart has over 25 years’ experience in advising local government, corporates, developers, private individuals and industry associations. Stuart has experience in litigation at all levels, and provides advice on policy and legislation changes. Admitted to the Bar in 1989, Stuart was a partner at Tauranga law firm between 1999 and 2003 and a partner at a commercial law firm in Auckland from 2003 until commencing practice as barrister in 2009. Stuart regularly presents seminars to both clients and professional groups in his specialist areas and is a co-author of the Enforcement Order and Abatement Notice chapter in DSL’s Environmental Handbook.


Mr. Paul Chambers, Partner, Hamilton Locke
Paul has built his practice in property law with a diverse client portfolio, ranging from individual entrepreneurs to large-scale developers and listed and institutional portfolio holders. Paul is regularly called upon by his property developer and investor clients for advice regarding the acquisition of secured finance and refinancing arrangements. A trusted advisor and considered an expert in his field, Paul has also developed a substantial private client base comprising both New Zealand and non-New Zealand domiciled clients to whom he provides trust and estate planning advice. Paul specialises in acquisition, disposal and leasing of commercial property and residential property development of all scales, and construction contracts from both principal and contractor perspectives. He has complemented his property practice with extensive experience advising on a wide range of investment and asset holding structures, including corporate and trust entities and limited partnerships. Paul was previously a Director at New Zealand firm, Anderson Creagh Lai, which joined Hamilton Locke in January 2023, with the establishment of Hamilton Locke New Zealand.


Mr. Pedro Morgan, Lead Advisor – Overseas Investment, Land Information New Zealand
Pedro is Toitū Te Whenua Land Information New Zealand’s overseas investment lead. He has been working within the overseas investment regime since 2004 in range of enforcement, policy, legal and leadership roles. He regularly presents on topics connected with the regulation of investment.

WEB2311NZA09Z

Critical Property Updates: Sale, Development, Unit Titles and Cross Leases

CHOOSE YOUR SESSION AND
DELIVERY MODE BELOW

Single Session
Wednesday, 22 November 2023
9.00am to 1.15pm Pacific/Auckland
CPD Hours 4
4
$420.00
Online 20240502 20231122

Online

Register
On Demand 20240502 20231122

On Demand

Register