Unit Titles. From the Chair:

Transcription

1 INTENSIVE Unit Titles APRIL 2013 From the Chair: The law relating to unit titles is increasingly complex. There are already over 120,000 unit title properties in New Zealand, and this number will only increase. The Unit Titles Act 2010 is fully in force, and case law on the Act is emerging through important decisions on jurisdiction, governance, management agreements and maintenance. We have assembled a great set of expert speakers to share their extensive practical knowledge and experience with you, with in-depth coverage of key topics that affect those working in the field, whether in conveyancing, subdivisions, advising owners and managers or resolving disputes. See you there. Thomas Gibbons McCaw Lewis

2 Programme REGISTRATION INTRODUCTION TO THE DAY Chair: Thomas Gibbons THE AUSTRALIAN PERSPECTIVE: STRENGTHS, WEAKNESSES AND THE CHALLENGES AHEAD Guest Speaker Michael Allen SESSION 1: BODY CORPORATE GOVERNANCE: KNOWLEDGE IS POWER Presenters Knowledge of the ins and outs of the governance regime under the new Act is essential to owners and managers involved with body corporate governance alike, whatever the size of the development. During this session we will discuss how small and large developments can be governed effectively, and sometimes in very different ways, focusing on: Body corporate chairperson, the committee and its meeting procedures AGMs, EGMs and proxies Body corporate managers Operational rules Relevant case law and governance pitfalls to avoid Liza Fry-Irvine and Tim Jones SESSION 2: PROPERTY RIGHTS AND THE UTA Presenter This session will discuss misunderstandings of the UTA in terms of property rights, including a discussion of recent case law which arguably has not given due respect to property rights. Legislative drafting Property rights under the UTA Recent cases Being aware of these issues can help you better advise your clients on the limits of their property rights under the legislation. Rod Thomas MORNING TEA SESSION 3: MAINTENANCE AND SCHEMES This session will highlight maintenance and reinstatement issues under the UTA, including key points of comparison between the

3 Presenters 1972 and 2010 Acts, the purpose of reinstatement schemes, and key areas of dispute which have emerged in case law. Maintenance Sections 126, 138 Maintenance matrix Section 33 issues under the 1972 Act Costs who pays? Reinstatement schemes Purpose/intent Disputes Practical issues David Bigio and Thomas Gibbons SESSION 4: INSURANCE ISSUES In the current insurance climate the impact of understanding the client s risks and obligations under the UTA is significant for both parties. Discussion will cover: Insurance cover What are the issues/risks? Are you covered? What are your obligations (Duty of care)? Case law Claims Latest case law Payments How do you distribute? Who gets what? Presenters Storm McVay, Nicholas Till QC and Hans van Schreven LUNCH SESSION 5: MANAGEMENT CONTRACTS Has the Sentinel case exposed management agreements within body corporates to real risk and if so what can you do to remedy the ultra vires or harsh or unconscionable? The presenters will identify the bad and look at the good. Presenters John Greenwood and Tim Rainey SESSION 6: DEVELOPMENTS AND REASSESSMENTS Legal and practical issues relating to: Layered development

4 Presenters Redevelopments Conversions Unit boundary issues Reassessments of ownership and utility interests Cancellation of unit plans Neale Faulkner and Annabel Sheppard AFTERNOON TEA SESSION 7: PANEL DISCUSSION Presenters A panel discussion with presenters to focus on the following issues as well as time for questions: Conveyancing issues Amendments to the Act Review of the Act Remaining problems and issues Lyn Clapperton, Thomas Gibbons, John Greenwood, Liza Fry-Irvine, Tim Jones and Hans van Schreven WRAP UP OF THE DAY Thomas Gibbons DRINKS AND NIBBLES CHAIR THOMAS GIBBONS, DIRECTOR, MCCAW LEWIS, HAMILTON Thomas practises in commercial and property law. He has a special interest in unit titles and is the author of Unit Titles Law & Practice (LexisNexis, 2011). His recent work has included advising on management agreements, meeting matters, and body corporate governance; as well as unit title cancellation, redevelopment and subdivision work. GUEST SPEAKER MICHAEL ALLEN, DIRECTOR, ALLEN PARTNERS PTY LIMITED, AUSTRALIA Michael is a leading authority on airspace (stratum title) projects, planned communities, strata and cluster titles, community titles and strata leasehold titles. Michael has nearly 30 years experience in strata and community title law and practice, and in the title, subdivision and management structuring of major projects. He has acted for developer, institutional, finance and government clients.

5 PRESENTERS DAVID BIGIO, BARRISTER, AUCKLAND David has been a barrister sole since May He acts for body corporate owners in litigation regarding structural and weathertightness defects in unit title complexes. David has been involved in the drafting and adoption of reinstatement schemes under s 74 of the Unit Titles Act 2010 (or s 48 of the 1972 Act), and has appeared as counsel in a number of defended hearings relating to those schemes. LYN CLAPPERTON, CROCKERS PROPERTY, AUCKLAND Lyn is the General Manager of Crockers Body Corporate Management. She has hosted countless AGMs, encountered queries from buyers, sellers and legal bodies alike on the practical application of the Unit Titles Act and seen its transition to the current version, during which Crockers served as a key consultant member on the drafting sessions. Lyn looks forward to sharing her experience of the Act in action. NEALE FAULKNER, PRINCIPAL, YEOMANS SURVEY SOLUTIONS LTD, AUCKLAND Neale has worked in both the public and private sectors and has had considerable experience in cadastral surveying, which has included numerous unit title subdivisions. Neale has been involved with the review of the former Unit Titles Act, Land Information NZ in terms of the development of the Rules for Cadastral Survey. LIZA FRY-IRVINE, ASSOCIATE, PIDGEON LAW, AUCKLAND Liza specialises in property and commercial law, with particular expertise in unit title developments and Body Corporate Operational Rules. She drafted the ADLS Inc Model Operational Rules for residential, commercial/industrial and mixed use developments in 2011 and is a member of the ADLS Inc Property Law Committee and Documents and Precedents Committee. JOHN GREENWOOD, GREENWOOD ROCHE CHISNALL, WELIINGTON John is editor of the New Zealand Property Lawyer and a moderator for the New Zealand Council of Legal Education for the land law and equity university papers. He was a member of the NZLS Property Law Section Committee that made submissions on the Unit Titles Bill, and since the early 1980s has had a strong involvement in the Unit Titles reform in NZ. TIM JONES, GLAISTER ENNOR, AUCKLAND Tim practises in the area of land development and property law. He has been involved with the Unit Titles Act 2010 from about 2003 when the first steps were taken to review and revise the 1972 Act. Tim is the convener of the NZLS/PLS Land titles committee, a council member of the NZLS Auckland Branch council, and a former member of the ADLS Inc Documents and Precedents Committee.

6 PRESENTERS STORM MCVAY, CROMBIE LOCKWOOD, CHRISTCHURCH Storm has extensive experience in advising professional and corporate clients on all aspects of liability risk and insurance. She has been exclusively engaged in earthquake claims management, advocacy and settlement on behalf FMR/Crombie Lockwood clients and other Christchurch property owners. TIM RAINEY, RAINEY LAW, AUCKLAND Tim has a broad commercial litigation and dispute resolution practice. He has acted in several of the leading cases under the Unit Titles Acts 1972 and 2010, including those considering the validity of management contracts under those Acts. He will give the litigators perspective on such agreements. ANNABEL SHEPPARD, WYNN WILLIAMS LAWYERS, CHRISTCHURCH Annabel is a partner at Wynn Williams. Her main areas of practice are private client, small business and property law. In recent times she has dealt with property owners and body corporates dealing with issues arising as a result of the Christchurch earthquakes. Her clients are involved in a wide range of activities which gives her experience in a broad range of legal and business issues. ROD THOMAS, AUT UNIVERSITY, AUCKLAND Rod is a barrister and senior lecturer at the Law School at AUT University. He lectures in the areas of property law, sale of land, and unit titles ownership issues. Rod is co-author of New Zealand Land Law (now in its 2nd ed) and, since its inception some 17 years ago, Brookers loose-leaf publication Land Law. He is also the author of Brookers Unit Titles Handbook NICHOLAS TILL QC, CHRISTCHURCH Nicholas is a civil litigator specialising in commercial and insurance disputes. He has been at the independent bar since 1991 having previously been a litigation partner at Young Hunter in Christchurch. Nicholas took silk in HANS VAN SCHREVEN, CLARK BOYCE, CHRISTCHURCH Hans has been active in the law since 1976 and has developed a strong litigation practice, especially in civil matters. His other special interests are employment, education, family protection, relationship property, insurance and commercial law - especially receiverships and liquidations. Hans is also an accredited member of LEADR: Lawyers Engaged In Alternative Disputes Resolution.

7 REGISTRATION FORM Online registration and payment can be made at WHO SHOULD ATTEND The Unit Titles Intensive is a must for all property and commercial lawyers, including those advising unit owners, managers, body corporates, committees, and body corporate secretaries. It will also be useful for property managers, body corporate secretaries, policy makers, and those in property-related professions, such as agents, valuers, planners and surveyors. PLEASE REGISTER ME FOR: Unit Titles Intensive CENTRE DATE VENUE TIME Wellington 29 April Te Papa 8.45am 4.50pm/6.00pm Auckland 30 April The Stamford Plaza 8.45am 4.50pm/6.00pm LAST NAME (PLEASE PRINT) FIRST NAME TITLE NAME FOR NAME TAG FIRM / ORGANISATION PO BOX DX TOWN / CITY POSTCODE PHONE FAX DIETARY REQUIREMENTS MATERIALS A booklet of papers will be given to participants when they register on the morning of the intensive.

8 FEE (INCL GST) Registrations will not be actioned until payment is received. The registration fee includes all materials, morning and afternoon teas and lunch. Please note: NZLS members include NZLS Associate members. Earlybird rate By 29 March OR After 29 March NZLS member $620 $670 Non-member $680 $730 Total amount due: $ PAYMENT I attach a cheque made payable to NZLS CLE Ltd Please debit my credit card account Mastercard Visa Amex CARD NUMBER EXPIRY DATE NAME ON CARD SIGNATURE OF CARDHOLDER SEND TO:NZLS CLE Ltd PO Box 5041, Wellington 6145 DX SP20202 or Fax: CVC CODE REGISTRATION INQUIRIES:Freephone CANCELLATION AND REFUND POLICY Please note: Minimum and maximum numbers apply. Registrations will be accepted on a first-come/first-served basis. Registrations close 10 working days before the presentation date (the closing date). NZLS CLE Ltd reserves the right to cancel any session that does not reach the budgeted minimum number of registrations. This decision will be made on the closing date and a full refund will be made to each registrant of the cancelled session. If you cancel your registration before the closing date, a refund will be made, less a $100 administration fee. After the closing date, there will be no refund. You may transfer your registration to another person until five working days before the presentation. Please advise NZLS CLE Ltd in writing of the change. PRIVACY ACT 1993 The information requested on this registration form is for NZLS CLE Ltd and the sponsors only. I do not wish the sponsors to receive my contact details. TO REGISTER AND PAY ONLINE OR VIEW THE CLE PROGRAMME AND PURCHASE BOOKLETS SEE