I N T E N S I V E

www. lawyer seducat ion .co .nz

Unit Titles

A P R I L 2 0 1 3

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 GibbonsMcCaw Lewis

Programme Programme

8 . 1 5 – 8 . 4 5 R E G I S T R AT I O N

8 . 4 5 – 8 . 5 5 I N T R O D U C T I O N TO T H E DAY – Chair: Thomas Gibbons

8 . 5 5 – 9 . 3 5 T H E AU S T R A L I A N P E R S P E C T I V E : S T R E N G T H S , W E A K N E S S E S A N D T H E C H A L L E N G E S A H E A D

Guest Speaker Michael Allen

9 . 3 5 – 1 0 . 2 0 S E S S I O N 1 : B O DY C O R P O R AT E G OV E R N A N C E : K N O W L E D G E I S P O W E R

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

Presenters Liza Fry-Irvine and Tim Jones

1 0 . 2 0 – 1 0 . 5 5 S E S S I O N 2 : P R O P E R T Y R I G H T S A N D T H E U TA

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 casesBeing aware of these issues can help you better advise your clients on the limits of their property rights under the legislation.

Presenter Rod Thomas

1 0 . 5 5 – 1 1 . 1 0 M O R N I N G T E A

1 1 . 1 0 – 1 2 . 0 0 S E S S I O N 3 : M A I N T E N A N C E A N D S C H E M E S

This session will highlight maintenance and reinstatement issues under the UTA, including key points of comparison between the

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

Presenters David Bigio and Thomas Gibbons

1 2 . 0 0 – 1 2 . 4 5 S E S S I O N 4 : I N S U R A N C E I S S U E S

In the current insurance climate the impact of understanding the client’srisksandobligationsundertheUTAissignificantforboth 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

1 2 . 4 5 – 1 . 3 0 L U N C H

1 . 3 0 – 2 . 1 0 S E S S I O N 5 : M A N A G E M E N T C O N T R A C T S

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

2 . 1 0 – 2 . 5 0 S E S S I O N 6 : D E V E L O P M E N T S A N D R E A S S E S S M E N T S

Legal and practical issues relating to:• Layered development

Programme

• Redevelopments• Conversions• Unit boundary issues• Reassessments of ownership and utility interests• Cancellation of unit plans

Presenters Neale Faulkner and Annabel Sheppard

2 . 5 0 – 3 . 1 0 A F T E R N O O N T E A

3 . 1 0 – 4 . 4 0 S E S S I O N 7 : PA N E L D I S C U S S I O N

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

Presenters Lyn Clapperton, Thomas Gibbons, John Greenwood, Liza Fry-Irvine, Tim Jones and Hans van Schreven

4 . 4 0 – 4 . 5 0 W R A P U P O F T H E DAY – Thomas Gibbons5 . 0 0 – 6 . 0 0 D R I N K S A N D N I B B L E S

C H A I R

T H O M A S G I B B O N S , D I R E C TO R , M C C A W L E W I S , H A M I LTO N

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.

M I C H A E L A L L E N , D I R E C TO R , A L L E N PA R T N E R S P T Y L I M I T E D , AU S T R A L I AMichael 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,financeandgovernmentclients.

G U E S T S P E A K E R

P R E S E N T E R S

LY N C L A P P E R TO N , C R O C K E R S P R O P E R T Y, AU C K L A N DLyn 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.

J O H N G R E E N W O O D , G R E E N W O O D R O C H E C H I S N A L L , W E L I I N G TO NJohn 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.T I M J O N E S , G L A I S T E R E N N O R , AU C K L A N DTim practises in the area of land development and property law. He has been involved with the Unit Titles Act 2010 from about 2003 when thefirststepsweretakentoreviewandrevisethe1972Act.Timistheconvener 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.

L I Z A F RY- I R V I N E , A S S O C I AT E , P I D G E O N L A W, AU C K L A N DLiza 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.

N E A L E FAU L K N E R , P R I N C I PA L , Y E O M A N S S U R V E Y S O L U T I O N S LT D , AU C K L A N DNeale 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.

DAV I D B I G I O , B A R R I S T E R , AU C K L A N DDavid has been a barrister sole since May 2003. 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.

A N N A B E L S H E P PA R D , W Y N N W I L L I A M S L A W Y E R S , C H R I S TC H U R C HAnnabel 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.

P R E S E N T E R S

R O D T H O M A S , AU T U N I V E R S I T Y, AU C K L A N DRod 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 2011.N I C H O L A S T I L L Q C , C H R I S TC H U R C HNicholas 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 2007.

H A N S VA N S C H R E V E N , C L A R K B OYC E , C H R I S TC H U R C HHans 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.

T I M R A I N E Y, R A I N E Y L A W, AU C K L A N DTim 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.

S TO R M M C VAY, C R O M B I E L O C K W O O D , C H R I S TC H U R C HStorm 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.

W H O S H O U L D AT T E N D

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.

P L E A S E R E G I S T E R M E F O R :

Unit Titles Intensive C E N T R E DAT E V E N U E T I M E

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

EMAIL

DIETARY REQUIREMENTS

M AT E R I A L S

A booklet of papers will be given to participants when they register on the morning of the intensive.

R E G I S T R AT I O N F O R M Online registration and payment can be made at www.lawyerseducation.co.nz

www.lawyerseducation.co.nz

F E E ( I N C L G S T )

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 MarchNZLS member $620 $670Non-member $680 $730

Total amount due: $ PAY M E N T

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

S E N D TO : NZLS CLE Ltd PO Box 5041, Wellington 6145

DX SP20202 or Fax: 04 463 2986

R E G I S T R AT I O N I N Q U I R I E S : Freephone 0800 333 111

TO REGISTER AND PAY ONLINE OR VIEW THE CLE PROGRAMME AND PURCHASE BOOKLETS – SEE

CVC CODE

P R I VA C Y A C T 1 9 9 3The 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.

C A N C E L L AT I O N A N D R E F U N D P O L I C Y• Pleasenote:Minimumandmaximumnumbersapply.• Registrationswillbeacceptedonafirst-come/first-servedbasis.• Registrationsclose10workingdaysbeforethepresentationdate(theclosingdate).• NZLSCLELtdreservestherighttocancelanysessionthatdoesnotreachthe

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.

• Ifyoucancelyourregistrationbeforetheclosingdate,arefundwillbemade,lessa $100 administration fee. After the closing date, there will be no refund.

• Youmaytransferyourregistrationtoanotherpersonuntilfiveworkingdaysbeforethepresentation. Please advise NZLS CLE Ltd in writing of the change.