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.
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
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.
An understanding of the principal changes to the agreement, including changes to the following clauses:
Receive guidance on the implications of the changes for lawyers and clients and on legal practice.
All property lawyers and legal executives. Real estate agents will also find this session useful.
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.
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.
All lawyers and legal executives practising in the area of property law, Body Corporate Managers, Administrators and Suppliers.
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.
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.
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.
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.
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.
The Overseas Investment regime is now critical knowledge for every lawyer involved in domestic conveyancing, as well as overseas investment.
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.
All lawyers and legal executives practising in the area of property law.
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.
Property lawyers and legal executives, trust lawyers, commercial lawyers and general practitioners advising clients on property investment strategies.
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.
All property, trust and family lawyers as well as general practitioners who deal with work of this nature from time to time.
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.
Property lawyers, tax lawyers, trust lawyers, commercial lawyers and legal executives.
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.
All lawyers and legal executives practising in the area of property law.
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.
General practitioners, property lawyers, litigators, contract lawyers and academics.
"This webinar alerted me to problems I didnt know existed".
"The actual presentation was very interesting and I really enjoyed it".
"Well discussed points".
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:
By watching this On Demand session you will learn about:
Property lawyers, commercial lawyers, building & construction lawyers
"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."
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.
This On Demand session raises awareness of this pertinent issue. In particular, it explores committee members' potential for liability in connection with:
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.
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.