The Half-Day Conference once again provided practically focused sessions
on a range of pertinent and interesting property law topics presented by
experts in their fields.
It is of value to all those practising in the area of property law.
Proudly Sponsored by:
- Different Forms of Communal Property Ownership and Control
Joanna Pidgeon, Partner, Pidgeon Law
When we are creating legal structures that require people who may not know each other to bump into each other, cooperate, communicate and make important decisions that impact on property use, aesthetic and value, we need to use legal structures that are appropriate for the dwellings and are usable by their owners and inhabitants. That needs to be balanced against the needs of a developer in terms of product value and sale-ability and the needs of the managers that will administrate the ownership system set in place. This session will highlight the various common legal structures that are available and give guidance on their appropriate application and various matters to consider when using each of them, looking both at immediate sale issues and insurance and also how these may impact on future issues such as repairs, maintenance and remediation.
- Climate Change: The Risk of Financial Retreat
Bryce Davies, Executive Manager Corporate Relations,
IAG New Zealand
Humanity has emitted enough greenhouse gases to bake in profound impacts for our communities. Many will face more frequent and intense natural hazards; some will have to move. How New Zealand deals with this will have a big impact on peoples’ wealth and wellbeing. This session will highlight how insurers are likely to respond to growing climate risk, the consequences this might have for the ongoing development of our towns and cities, and some of changes we need to make to get ahead of this issue.
- To Measure or Not to Measure – What are You Leasing?
Rhys Smith, Manager, Realserve
Understand better the value of having accurate measurements of the leased space, and more particularly how measurement guidelines can aid in legal disputes and resolutions. Also, how this knowledge can be applied to premises which fall outside the common commercial building interpretation of the PCNZ guidelines
- Commercial Leases – Tips and Traps
Sandra Braithwaite, Partner, Harkness Henry
Commercial property lawyers must be aware of potential issues for landlords and tenants arising under the standard deed of lease clauses. This session will highlight areas where clauses can be modified to reduce risk and increase certainty.
- Negotiating Leases for Franchise Businesses
Lizandra Bailey, Partner, Turner Hopkins
It is fairly common for franchisors to negotiate leases on behalf of their franchisees. Some franchisors enter into the leases themselves (or via a related company) and then sublease or licence to their franchisees. In doing so the franchisor will want to ensure that its interests and the interests of the franchise system are protected and that it discharges its duty of care to its franchisee.
This session aims to assist lawyers who are acting for franchisor clients in identifying the issues their clients should be considering when formulating their lease strategy and negotiating the terms of their lease documentation. Lawyers who act for franchisee clients will also get some helpful tips on what to advise their clients who are looking at entering into a lease as part of the purchase of a franchise business.
- Kainga Ora Homes and its Impact
Trina Lincoln, Associate General Counsel Construction, Kainga Ora
Kainga Ora - Homes and Communities is a crown entity set up under the Kainga Ora - Homes and Communities Act 2019. Its creation marks the beginning of a step change in housing and urban development in New Zealand. How is Kainga Ora different to Housing New Zealand? Find out about their Operating Principles and what they do including Public, Market and Affordable Housing.
- Unravelling Rent Reviews
Janine Stewart, Partner - Construction, MinterEllisonRuddWatts
Amanda Spratt, Partner - Property and Real Estate, MinterEllisonRuddWatts
Love them or hate them, rent reviews are standard under most ground and office leases. This session will cover:
- Rent review basics – how annual rent is assessed, the principles applying to the same and the rent review arbitration process.
- Common mistakes in rent review disputes and how best to avoid them.
- Alternatives for rent review clauses when preparing your lease - looking at how to minimise the chance of future disputes at the contract negotiation stage, and the pros and cons of the standard “fair annual rent” test and the alternatives.
- Panel Discussion
Feedback from previous attendees:
- Wide range of topics considered and some great speakers.
- Very interesting topics and knowledgeable speakers.
- Interesting to have some non law presenters.
When and Where