Unit Titles, Body Corporates and Tenancy: Major Developments
Attend and cover all the major issues shaking up unit titles and body corporates. From the Unit Titles (Strengthening Body Corporate Governance and Other Matters) Amendment Bill and Healthy Homes Standards to recent and important Tribunal cases and repair obligations you will unpack all the hot-button issues you need to know to ensure you don’t get left behind. WEB216NZA14
Description
Attend and earn 3 CPD hours
Chair: Tim Rainey, Barrister, FortyEight Shortland Chambers
2.00pm to 2.45pm The Unit Titles (Strengthening Body Corporate Governance and Other Matters) Amendment Bill
Guidance and discussion on:
- The perceived problems that the Bill is looking to fix
- The way the Bill proposes to fix those problems
- A discussion on the proposed fixes
Presented by Daniel Kelleher, Partner, Buddle Findlay
2.50pm to 3.35pm Healthy Homes Standards: What Unit Owners and Bodies Corporate Need to Know
- Legal requirements for compliance with the healthy homes standards, exemptions, and enforcement
- Implications for landlord unit owners
- The role of the body corporate in compliance with and exemptions from the healthy homes standards
Presented by Vicki Toan, Partner, Glaister Ennor
3.40pm to 4.25pm Unit Title Disputes: A Court and Tribunal Update
New decisions on unit title issues continue to emerge. Consider some key recent decisions, addressing issues such as:
- The use of proxies
- Body corporate and owner maintenance
- Rules relating to short stays and Airbnb
- Governance
These decisions touch on a range of contested and controversial issues.
Presented by Thomas Gibbons, Principal, Thomas Gibbons Law
4.30pm to 5.15pm Hot Button Issue: Repair Obligations and s74
- Consider the intersection of s 74 with other law
- Repair of buildings and existing repairs obligations
- Whether it necessary to have the s74 scheme
Presented by Jonathan Wood, Senior Associate, Court One
Learning Objectives:
- Gain a practical insights on the Unit Titles (Strengthening Body Corporate Governance and Other Matters) Amendment Bill and its implications
- Be updated on the Healthy Homes Standards
- Examine recent and notable disputes relating to unit titles and body corporates
- Receive a timely update on repair obligations and s74
Presenters
Tim Rainey, Barrister, FortyEight Shortland Chambers
Tim Rainey is a specialist commercial litigator who was admitted to the bar in 1992. Since then, Tim has gained extensive experience in all aspects of commercial and civil litigation. He is a highly skilled litigator with over 16 years experience in trial and Appellate Courts and specialist tribunals throughout New Zealand, as well as extensive experience in conducting mediations and other forms of alternative dispute resolution. Tim formed Rainey Law in 2009 after several years as a Partner in one of New Zealand's leading commercial and construction litigation firms and prior to that, many years experience working for a specialist insurance litigation firm.
Daniel Kelliher, Partner, Buddle Findlay
Daniel has extensive experience in property sector corporate and commercial transactions. He has particular expertise in urban renewal projects, infrastructure and utilities projects. He advises corporate, institutions and local authorities on all real estate matters, developments, due diligence investigations, acquisitions and divestments and structures
Vicki Toan, Partner, Glaister Ennor
Vicki Toan is a partner at Glaister Ennor. She specialises in resource management and unit titles law. She offers pragmatic and practical advice to assist her clients to achieve their goals. Vicki advises landowners and developers on all aspects of land development under the Resource Management Act and related legislation. She also acts for bodies corporate, unit owners and body corporate managers on unit title-related matters such as governance, operational rules, and repairs and maintenance. She works closely with the firm's property teams on pre-, purchase due diligence and Overseas Investment Act matters.
Thomas Gibbons, Principal, Thomas Gibbons Law
Thomas is known as a prolific legal writer, and his legal commentary has been cited in the Environment Court, District Court, High Court, Court of Appeal, and Supreme Court. He has published articles and delivered conference papers in New Zealand and around the world, including for the International Journal of Law in the Built Environment (UK), the Australian Property Law Journal, the Building and Construction Law Journal, the Property Law Review (Australia), the New Zealand Law Journal, Otago Law Review, New Zealand Universities Law Review, the Resource Management Journal, Planning Quarterly, and the Waikato Law Review. He has presented at conferences at Griffith University and Deakin University in Australia, as well as for the Australian College of Strata Lawyers, Strata Community Association, Property Council New Zealand, the Auckland District Law Society, Survey & Spatial New Zealand, the Resource Management Law Association, and the New Zealand Law Society.
Jonathan Wood, Senior Associate, Court One
Jonathan Wood constantly worries about the Unit Titles Act, in particular the imminent demise of the practice of ‘Lamonting’ under the proposed changes to the Act (removing the ability of a minority to in effect block resolutions they disagree with by refusing a delegation to the committee). That aside he has been at the coalface of pushing the boundaries of the Act, in the name of fairness and justice for nearly a decade. He has, in his own estimation been responsible for more schemes under section 74 than any other individual. Acting as both poacher (for disaffected body corporate members) and gamekeeper (body corporates) he has a broad understanding of how this often idiosyncratic piece of legislation can both enrich and frustrate those who deal with it.