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Property Law


Click on the below headings for more information.

Overseas Investment: The Changing Landscape | 1.5 CPD hours

Over a year has passed since the shake-up of New Zealand's overseas investment laws. What does the landscape look like and what are the challenges facing practitioners and their clients going forward? What lies ahead for Phase Two and beyond?

In a complex area of law, where errors can have significant effects, presenters from the Overseas Investment Office with expertise across a range of aspects of the regime provide guidance on how to safely navigate this area and share their insights into key topics and the process for getting consent.

Learning outcomes

  • Become more familiar with the Overseas Investment regime, its processes, timeframes that need to be factored in and key drivers for getting consent.
  • Gain insights into how you might be able to do things more effectively.
  • Develop a better understanding of key issues that cause problems for practitioners and their clients, such as residential applications, developers' exemptions, the meaning of 'associate'€, the threshold for national benefit and the counterfactual test.
  • Learn more about what lies ahead for the regime and the part legal professionals play in it.

Who should attend?

The Overseas Investment regime is critical knowledge for every legal professional involved in domestic, commercial and rural conveyancing, as well as overseas investment in key industries

Feedback from previous attendees:

  • Informative across the Act and the upcoming changes.
  • Very interesting.

More information...

The ADLS/REINZ Agreement for Sale and Purchase of Real Estate: 10th Edition 2019 | 2 CPD hours

ADLS/REINZ released the 10th edition of the Agreement for Sale and Purchase of Real Estate on 27 November 2019.

The 10th edition is the result of a comprehensive review by a number of leading property lawyers working in conjunction with Peter Nolan in his capacity as adviser to the subcommittee and principal drafter of the revisions.

It has a number of significant amendments reflecting suggestions of practitioners and recent changes to the law in terms of legislation and judgments.

This On Demand session outlines and provide the rationale behind the changes, highlighting the impacts on both lawyers and their clients.

Learning outcomes

An understanding of the principal changes to the agreement, including changes to the following clauses:

    • tenancies
    • notices
    • vendor's warranties and the associated revised Schedules
    • conditions
    • a revised clause providing a more expansive comprehensive mechanism for claims for compensation
    • the GST provisions, including a significant change to better protect vendors.

    Receive guidance on the implications of the changes for lawyers and clients and on legal practice.

    Who should view?

    All property lawyers and legal executives. Real estate agents will also find this session useful.

    More information...

    ADLS/SCA (NZ) Unit Titles/Bodies Corporate Half-Day Conference 2019 | 4 CPD hours

    Once again, the half-day conference was packed with a great selection of pertinent and practical topics relating to unit titles and bodies corporate, presented by experienced lawyers, property managers and other professionals.

    Topics

    When Owners go Rogue

    Both lawyers and managers will be faced, from time to time, with owners who have gone beyond the realms of reason and reasonableness.

    Dealing with such owners is difficult from an administrative point of view and requires skill and fortitude as well as legal knowledge. This session will explore the problem looking at its causes, possible legal solutions and how to manage the conflict that arises.

    Issues with Managers: The Role and its Risks

    The role of a Body Corporate Manager is often misunderstood. It is essentially to provide administration support to bodies corporate under the terms of a contract rather than making decisions for a body corporate.

    However, there are occasions where the role is expanded opening up the manager to greater risks. This session looks at the nature of the manager's role, risks which managers may face, and how to minimise those risks.

    A View from across the Ditch

    This session, presented by two strata experts from Australia, will look at a number of cases from that jurisdiction which relate to equal opportunity and defamation issues in the context of Owners Corporations as well as matters relating to whether the Administrative Tribunal in Australia has the jurisdiction to hear and determine owners corporation disputes.

    The session will also consider strata law reform, and changes to consumer protection law and how these might be relevant to New Zealand. There will also be an update on SCA initiatives across the Ditch.

    Recent Cases: A Review

    Keeping up to speed with recent case law is critical, particularly given that the Courts have at times boldly interpreted key provisions of the UTA 2010.

    The focus in this session will be on the Otway decision and it impact on the earlier Cook judgment as well as the Gu v Body Corporate 211747 and the Escrow Holdings decision.

    Conveyancing: Dealing with Unit Titles

    The conveyance of a unit title is not always plain sailing. Referring to relevant case law, this session will look at some of the main issues that may arise when transferring unit titles and highlight the pitfalls that can commonly occur.

    The Life and Times of a Unit Plan

    Putting careful thought into the creation of the unit plan at the outset will help avoid future issues around ownership, costs and access.

    Once the plan is in place it is generally static until the building needs to change. This session provides practical tips to help lawyers and Body Corporate managers navigate the world of unit plans.

    Who should view?

    All lawyers and legal executives practising in the area of property law, Body Corporate Managers, Administrators and Suppliers.

    More information...

    Construction Law: Contracts, Disputes & Proposed Law Reforms | 2 CPD hours

    A raft of construction company failures, protracted disputes and proposed legislative changes suggest that construction law, in all its various forms, does not provide a satisfactory framework to deal with the present demands and needs of the industry.

    This On Demand session explores several key areas where problems in construction law exist, how practitioners can advise their clients on these and what might be done in the future to improve matters.

    Learning outcomes

    • Learn more about current contractual issues - how to terminate or resist termination, how to hold the engineer to the contract to account, and proving damages due to defects and delays.
    • Understand better the shortcomings of CCA adjudication and what other dispute-resolution options might be preferable.
    • Gain insights into the proposed construction law reforms - a fairer approach to Government procurement, new merchant liability, extension of licensing to the commercial sector, and mandatory residential guarantees.

    Who should view?

    Building and construction lawyers, commercial lawyers, general practitioners with property-owning or construction industry clients, and barristers in civil practice.

    This session is relevant to other professionals involved in the construction industry including accountants, engineers, quantity surveyors, building inspectors, and architects.

    Feedback from previous attendees:

    • Great discussion and practical suggestions.
    • Summarized well with some practical advice.
    • Good coverage of topics and good pace.

    More information...

    Property Law Half-Day Conference 2019 | 4 CPD hours

    The Half-Day Conference provides 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.

    Topics

    Protecting Commercial Lessors from Non-payment of Rent

    This session, presented by a property lawyer and two lawyers practising in the area of insolvency law, looks at ways in which commercial landlords can protect themselves from their tenants defaulting on rent payments. It explores the different types of security options available to landlords - such as bank guarantees, bonds and personal guarantees. It also looks at how to protect landlords' interests when things go wrong, including cancellation of leases for non-payment of rent, re-entry into premises and mitigation of loss, legal proceedings, security enforcement, and insolvency issues.

    Changes in the Residential Tenancies Act, Recent Case Law and other Matters

    Considering recent and proposed legislative amendments as well as case law, insights are given into how landlords and tenants may be affected by these changes and how best to deal with them.

    The Ins and Outs of Outgoings and Maintenance

    Outgoings and maintenance provisions are fundamental to any commercial lease agreement. This session considers how they are best dealt with in commercial leases and how to manage disputes if they do arise.

    The Impact of Big Projects: Helping your Clients

    Major infrastructure changes are not always easy to follow, and clients often need assistance on how they may be affected and where to find relevant information. This session provides guidance, from a resource management perspective, as to how to help clients deal with large development projects and protect their own interests.

    Trusts for Today

    Most property lawyers will have dealings with trusts whether acting as trustees, providing clients with advice or drafting trust deeds. Keeping up to date with the developments in trust law is therefore essential. This session provides what lawyers need to do to ensure existing and future trusts are fit for purpose.

    Warranties in the Agreement for the Sale and Purchase of Real Estate

    This session looks at the standard warranties in the ADLS Agreement for the Sale and Purchase of Real Estate as well as pre-contractual representations. It will explore, among other things, what the warranties cover and, looking at recent case law, what happens in cases where breaches have allegedly occurred.

    Giving Clients Financial Advice: Avoiding Pitfalls by Identifying Problematic Issues

    Giving advice to clients is a potential minefield for property lawyers. When financial considerations (including lending and the provision of guarantees) are involved, it becomes even more important for lawyers to be at the top of their game. This session highlights situations where lawyers have not exercised the care required in the advice which should be given, and how to ensure they protect themselves and fulfill their obligations under the Conduct and Client Care Rules.

    More information...

    The New Overseas Investment Regime: It's not just for Specialists | 1.5 CPD hours

    From 22 October 2018, substantial changes to the Overseas Investment regime came into effect and will be relevant to lawyers in a wide range of practice areas. The changes mean that certain overseas residents will be unable to buy or build a home in New Zealand, but there will be opportunities to buy residential land and increase New Zealand's housing stock.

    Anyone buying a home will have to state whether they are eligible to buy under the Overseas Investment Amendment Act 2018. That is New Zealanders, Australians, Singaporeans, and overseas people - everybody.

    This On Demand session looks at how to determine a client's residency status, the special rules applying to Australian and Singaporean purchasers, as well as the role of conveyancers who face severe financial penalties for not retaining records of their client's statement.

    Learning Outcomes

    • Understand better the changes to the overseas investment regime and how to maintain a smooth flow of residential property transactions
    • Gain insights into the difficult issues such as trust ownership and relationship property, among others, that may arise under the new Overseas Investment regime.
    • Learn more about the Residential Land Statement and purchaser eligibility, the exemptions that are available and the fees and time-frames involved, as well as where to go to get assistance for you and your client.

    Who should view?

    The Overseas Investment regime is now critical knowledge for every lawyer involved in domestic conveyancing, as well as overseas investment.

    More information...

    The Land Transfer Act 2017: What's New for Property Lawyers? | 2 CPD hours

    A long time coming, the Land Transfer Act 2017 will be very much a reality for property law practitioners.

    It represents a major change in the law and there is much that will be new and unfamiliar. This On Demand session provides guidance on the Land Transfer Act 2017, what to expect from the changes and discusses some of the challenges it presents for property lawyers.

    Learning outcomes

    • Understand better how indefeasibility of title will be dealt with in the Act, the rights to cancel in cases of manifest injustice and how the courts are likely to interpret this.
    • Understand the new terminology to be used.
    • Gain a land registry perspective on the reforms, including, certification of instruments, guaranteed search procedure, powers of correction and transitional arrangements.
    • Learn more about the use of covenants in gross under the Act and how this may (or may not) affect encumbrances.
    • Receive guidance on how property lawyers can best advise and protect their clients when the Act comes into effect.

    Who should view?

    All lawyers and legal executives practising in the area of property law.

    More information...

    Key Income Tax Considerations for Property Lawyers Following the Bright-line | 1 CPD hour

    An understanding of the tax implications relating to the sale and purchase of residential properties is essential for all property lawyers.

    This On Demand session looks at how tax (other than GST) impacts on property transactions on a daily basis, particularly in the context of recent legislative changes and provides suggested solutions to some of the problems that may arise.

    Learning outcomes

    • Learn more about the tax considerations relevant to investment and other properties that fall inside and outside of the Bright-line test.
    • Understand better how tax legislation applies to simple subdivisions and how best to deal with issues arising.
    • Gain insights into the way properties registered in the name of a trust or other family members may affect tax liabilities, and how problems may be overcome.

    Who should view?

    Property lawyers and legal executives, trust lawyers, commercial lawyers and general practitioners advising clients on property investment strategies.

    More information...

    Assisting First-Time Home Buyers: Exploring the Options | 2 CPD hours

    The agreements entered into by home buyers when purchasing their first property can take a variety of forms. Very often, the complexities behind the financial and other arrangements are over-looked with real potential for unseen consequences arising later.

    This On Demand session considers some of the options available to first home buyers (including the possible use of trusts) and provides insights into some of the issues that may become apparent only later.

    It also covers the conflicts of interest that can arise when advising clients, and the relationship property concerns that need to be dealt with from the start.

    Learning outcomes

    • Learn more about the options available to first-time home buyers including loans or gifts from parents and buying together with friends as well as what agreements will be needed to safe guard interests in each case.
    • Understand better the way trusts can be used, either as a source of funds or as a vehicle of ownership to overcome the difficulties facing first-time buyers.
    • Gain insights into the potential for conflicts of interest that exist when advising the parties involved, the care that needs to be taken in respect of relationship property issues and how it is necessary to balance the interests of all children when parents provide assistance.

    Who should view?

    All property, trust and family lawyers as well as general practitioners who deal with work of this nature from time to time.

    More information...

    To Pay or Not to Pay? Practical Guidance on the Residential Land Withholding Tax | 1.25 CPD hours

    This On Demand session, presented by a technical advisor from the IRD, a taxation expert and a senior property lawyer provides timely guidance on the effect of the Act on property transactions and suggests practical solutions to common problems that may arise.

    Learning outcomes

    • Learn more about the application of the new legislation particularly in respect of the definitions of offshore persons and relevant exemptions.
    • Understand more about the expectations of the IRD and be made aware of potential traps and problems.
    • Gain insights into how to apply the new law in practice and how to deal with its provisions when settling a transaction either for the seller or the purchaser.

    Who should view?

    Property lawyers, tax lawyers, trust lawyers, commercial lawyers and legal executives.

    More information...

    Hot Topics in Commercial Leasing: Green Leases and Rent Guarantees | 1 CPD hour

    Commercial leases are subject to a number of external influences. For example, the emphasis on sustainability has seen a rise in the use of green leases.

    Being able to advise clients on the specific requirements of such leases, as well as the novel way in which operating expenses are dealt with in the context of them, is an important aspect of any commercial property lawyer's practice. So too is the way in which rent guarantees have evolved recently with consequences for landlord and tenant.

    This On Demand session looks at both developments and provide insights into the particular opportunities and problems they present.

    Learning outcomes

    • Better understand the nature and form of green leases from the landlord's and tenant's perspective, some of the issues that can arise during negotiation and methods of setting initiatives, benchmarks, targets, measurements and reporting structures.
    • Learn more about how operating expenses for green leases impact on the relationship between landlord and tenant and how this differs from those in other commercial leases.
    • Gain insights into the way rent bonds and guarantees are now being dealt with and the advantages (and potential disadvantages) of the new approach for landlords and tenants.

    Who should view?

    All lawyers and legal executives practising in the area of property law.

    More information...

    Interpreting Land Transfer Documents: Developments and Problems | 1 CPD hour

    Should extrinsic material, namely a contract or related documentation, be used to interpret registered documents? In other words, should one look beyond the document?

    What materials or situations may impact on the manner in which a document is interpreted? What are the implications, especially for contracts, registers and third parties, of a contextual approach to contractual interpretation?

    This On Demand session compares the different approaches and apply them to the conveyancing context.

    Learning outcomes

    • Learn about the interpretative approaches in this area of the English Court of Appeal, High Court of Australia and New Zealand Court of Appeal.
    • Gain insight into how these approaches may apply to easements, leases, mortgages and land covenants.
    • Understand the practical issues to which these approaches give rise.

    Who should view?

    General practitioners, property lawyers, litigators, contract lawyers and academics.

    Feedback from Previous Attendees:

    "This webinar alerted me to problems I didnt know existed".

    "The actual presentation was very interesting and I really enjoyed it".

    "Well discussed points".

    More information...

    Commercial Leasing - Emerging Trends and Risks | 2 CPD hours

    This On Demand session explains the latest trends and developments in commercial leasing.

    From new liabilities and risks to development leasing opportunities, you will hear about topics including:

    • the impact of earthquake strengthening policy and seismic rating on lessor and lessee relationships;
    • insurance issues in commercial leasing;
    • liability and insurance issues surrounding landlord negligence;
    • risks and challenges for landlords in development leasing.

    Learning outcomes

    By watching this On Demand session you will learn about:

    • how to allocate risks in commercial leasing;
    • express provisions now being used by landlords to limit liability;
    • the liability of landlords for servants and agents;
    • recent earthquake strengthening policy decisions;
    • interfaces between agreements to lease, construction contracts and consultancy agreements; and
    • tips about what matters to commercial tenant clients.

    Who should view?

    Property lawyers, commercial lawyers, building & construction lawyers

    Feedback from previous attendees:

    "Good to have these emerging trend seminars due to many unsettled issues."

    "Very practical presentation by Bruce and Bridget, thank you."

    "I like Alistair's balance of humour, confidence and knowledge."

    More information...

    In the Line of Fire? Personal Liability of Body Corporate Committee Members | 1 CPD hour

    Committee members of unit title bodies corporate commonly range from unsophisticated volunteers to more savvy owners who choose to become involved in managing commercial, industrial or mixed use complexes to protect their business interests.

    Nevertheless, few understand that a body corporate is limited as to its powers and, as such, committee members risk personal liability for acts of the body corporate that are subsequently found to be invalid.

    Learning outcomes

    This On Demand session raises awareness of this pertinent issue. In particular, it explores committee members' potential for liability in connection with:

    • duties owed by the member to third parties where a breach of warranty of authority arises;
    • tort and breach of the duty of care;
    • statutory duties of the member to the body corporate and individual owners;
    • fiduciary obligations owed by the member to the body corporate;
    • fair Trading Act implications where the body corporate is 'in trade'€.

    As well as providing guidance on measures that can be taken to protect committee members against liability, discussion also focuses on whether the body corporate can indemnify committee members against invalid acts. Also explored is possible defences that may be raised in the event of prosecution. Case law developments, including the recent High Court decision Guardian Retail Holdings Ltd v Buddle Findlay are discussed.

    Who should view?

    All lawyers who advise clients who are owners of body corporate units or have dealings with body corporate complexes, together with property managers of such complexes.

    More information...

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