Practical Guide to Conveyancing
Receive the latest guidance on the specific issues that can trip up a conveyance, including easements and covenants, cross leases, the life cycle of a unit title development and how to approach a mortgagee sale. Stay for the afternoon and be updated on the key financial aspects of a transaction including tax, the Overseas Investment Regime and what you need to do on an ongoing basis to ensure you are AML compliant. WEB222NZA05
Description
Attend and earn 7 CPD hours
Session 1
Conveyancing: Mastering the Complexities
Chair: Jonathan Wood, Senior Associate, Court One
9.00am to 10.00am Easements and Covenant Considerations in Conveyancing
Receive a timely update on how an easement or covenant can affect a conveyance, how to create or remove them and review the leading cases.
Presented by Dale Thomas, Director - Property Practice Leader, McCaw Lewis
10.05am to 11.00am Cross Leases and Conveyancing
Understanding the finer points of a cross-lease is extremely beneficial for anyone dealing with a property development, purchase or sale.
- Examine the particular issues associated with a cross lease
- Understand the key factors that buyers and sellers need to be aware when this is part-and-parcel of a property conveyance
Presented by Kimberly Knox, Director, Gaze Burt Limited
11.00am to 11.10am Break
11.10am to 12.10pm Lifecycle of a Unit Title Development
Obtain a practical overview of the sorts of issues to consider or be on the lookout for during a Unit Title Development’s lifecycle.
- Inception: Things to consider before applying to deposit a unit title plan
- whether a new build or a conversion from cross lease or even freehold
- Operation: Where we can add value to our clients during the life of a Unit Title Development
- whether it’s considering a rule change, looking at maintenance contributions or helping with section 74 scheme
- Winding Up: Things to consider when pulling the pin
- issues that can arising when collapsing a development
Presented by Carolyn Hintz, Senior Associate, Gibson Sheat Lawyers
12.15pm to 1.15pm Mortgagee Sales
Gain a deeper understanding of the opportunities involved in a mortgagee sale, including the potential risks and how to mitigate them.
Presented by Edwin Morrison, Managing Partner, K3 Legal Limited
Learning Objectives:
- Receive a timely update on easements and covenants
- Gain a deeper understanding on how cross leases effect conveyancing
- Receive guidance on the lifecycle of a unit title development
- Learn about the risks and opportunities associated with mortgagee sales
Session 2
Conveyancing Transactions: Update on Tax, OIO and AML
2.00pm to 2.05pm Opening Comments by the Chair
2.05pm to 3.05pm Latest Changes to New Zealand’s Overseas Investment Regime
- What transactions are caught by the overseas investment regime?
- Key changes from the 2021 reforms
- A brief overview of the application process, timing and new fees
- What are the consequences of getting it wrong?
Presented by Catherine Reid, Barrister
3.10pm to 4.10pm Critical Update on Tax Changes in Conveyancing
- The impact of recent tax changes on land transactions
- Common GST issues on transfers of land
- Inland Revenue’s focus on land transactions and who is in their sights?
Presented by Carla Cross, Specialist Tax Advisor
4.15pm to 5.15pm Conveyancers and AML/CFT: Risks and How to Stay Compliant
Gain a thorough understanding of what you need to do on an ongoing basis to protect yourself and what to do if there has been an oversight given that Conveyancers and small to mid-sized practices are at risk of being exploited by criminals to launder money and are affected by changes to the Anti-Money Laundering and Countering Financing of Terrorism (AML/CFT) Act.
Presented by Royden McGee, Partner, Head of Risk & Compliance, Strategi Compliance
Learning Objectives:
- Receive the latest guidance on the Overseas Investment Regime
- Understand the impact of recent tax changes on conveyancing
- Ensure you’re across the AML/CFT risks and how to stay compliant
Presenters
Jonathan Wood
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.
Kimberly Knox
Kimberly is a director at Gaze Burt Limited and specialises in property and commercial law. She provides advice to clients on a wide range of matters, including property and commercial acquisitions, subdivisions, developments and joint venture arrangements. Kimberly joined Gaze Burt in 2016. She is a graduate from the University of Auckland and has practiced in property since her admission in 2006.
Dale Thomas
Before joining McCaw Lewis, Dale worked in the property and commercial team of a Tauranga based law firm and prior to that as an enforcement officer for the Waikato Regional Council. He grew up on his parents’ dairy farm in Taupiri and continues to take a keen interest in farming. Dale has a broad range of skills working in Property, Commercial and Asset Planning on projects involving iwi property interests, subdivision and development, farm succession, syndication and leasehold issues. Dale believes in setting goals with his clients, and working with his clients as part of a team to achieve those goals. Dale joined McCaw Lewis in 2015 and was appointed as a Director of the firm in 2020.
Edwin Morrison
Edwin has been involved in mortgagee sales for more than a decade, and became heavily involved with all forms of mortgagee sales immediately after the GFC. Edwin’s primary involvement has been acting for the mortgagees. Edwin’s has had the benefit of being involved in all aspects of the transaction, often including as being lead counsel in associated litigation to a mortgagee sale. An example of this is Masefield Mall Ltd v Gasson Street Properties Limited [2012] NZHC 2838 which touches on redemption rights, extension of those rights by contract and the sales process more generally. Mortgagee sales are a viable acquisition strategy for anyone or any entity wanting to “buy at the right price”, but they are typically better suited to the informed investor.
Joe Biddles
Joe Biddles is a specialist commercial property and real estate lawyer and a director of boutique law firm Thompson Blackie Biddles. Prior to this Joe worked at Russell McVeagh and formerly was the New Zealand Legal Counsel of Lion. Joe acts for a number of corporate and institutional clients and his practice covers all areas of commercial property including acquisitions and disposals, commercial leasing, developments, joint ventures and overseas investments in New Zealand. In the current market, Joe is noticing a particular focus on development work, (both freehold subdivisions and unit title developments) and a renewed focus on, and interest in, acquisitions (from both domestic and overseas buyers/funds).
Carla Cross
Carla is a tax and trust law specialist. She advises clients in relation to their business tax planning, as well as their personal asset planning. Before joining Bellingham Wallace in 2017, Carla was the business unit lead for Private Client Services in New Zealand with EY, where she advised high net worth individuals and managed their tax and trust affairs. Prior to this Carla held various tax advisory and legal roles. Carla has a Bachelor of Jurisprudence and Bachelor of Procurationis from the University of Port Elizabeth as well as a Masters in Taxation Studies from the University of Auckland. She has been admitted to the Bar in New Zealand and South Africa, is a full member of the global Society of Trust and Estate Practitioners (STEP), and a member of the CAANZ Special Interest Group for Trusts.
Royden McGee
Royden provides specialist advice, training and audit services to AML/CFT reporting entities and business associations. Prior to moving into the world of AML, Royden completed a 30-year career with Inland Revenue which included 16 years leading teams investigating Tax and financial crime including fraud and money laundering. It was during this period, that he was also part of a team that trained police detectives and other NZ government agencies from NZ, Australia and the pacific islands on a week-long ‘Investigating money laundering’ course held twice a year at the police college in Wellington. The sum of Royden’s experience gives him a unique perspective with being involved in both reporting entity AML/CFT compliance and the investigation of money laundering offences.
Catherine Reid
Catherine is a specialist in New Zealand’s foreign investment regime, including the Overseas Investment Act 2005 and the Overseas Investment Office (OIO) consent process. Catherine developed her expertise at the OIO where she held senior roles. In 2015 Catherine returned to private practice and is now assisting investors in obtaining OIO approvals. Prior to joining the OIO in 2011, Catherine was a senior solicitor at a national commercial law firm.
Carolyn Hintz
While Carolyn is experienced in all types of commercial property, her first love is development. Carolyn’s experience combines over 15 years in private practice with 3 years at Land Information New Zealand, giving her a “inside out” view of the legal processes that we have to navigate to get a subdivision over the line.