Mastering Subdivisions: The Current Issues
Back by popular demand, this highly practical programme will help you to develop the skills and strategies needed to tackle the complex issues that arise in subdivision matters. You will learn best practice when commencing a subdivision and how to set up an e-Dealing, examine the use of cross lease conversions, and gain an understanding of the resource management issues you need to be aware of when subdividing. WEB223NZA27
Description
Attend and earn 3 CPD hours
Chair: Elise Markwick, Partner, Martelli McKegg
1.15pm to 2.00pm Commencing and Implementing a Subdivision: The Process and Best Practice
Join Alan as he takes you through the best practice process for completing a subdivision, including tips and traps that you may encounter along the way.
Presented by Alan Prescott, Partner, Harmans Lawyers
2.05pm to 2.50pm LINZ e-Dealings for Subdivisions
The introduction of Landonline has turned legal executives and lawyers into land title specialists, a task previously performed by highly-skilled land title analysts at LINZ. This is not a task that is taught at any academic institution nor in the legal professionals course. It is something practitioners have had to learn “on the fly”. The task of setting up the e-dealing also requires close attention to detail, something busy practitioners can easily lose sight of, as demanding developers push for their titles to issue. A rejection at LINZ can delay the process even more. Discussion areas include:
- When do you start the process of setting up the e-dealing?
- What core documents do you need?
- What are the common mistakes, and how to avoid them?
- Where do I turn for help if stuck?
- How can I avoid a requisition, or worse, a rejection?
Presented by Nick Kearney, Special Counsel, Davenports Law
2.55pm to 3.40pm Cross Lease Conversions in Subdivisions and Types of Instruments
Cross lease conversions are becoming a hot topic with the urban intensification going on in Auckland and people looking to extract as much value from their land as possible. It may also make sense to look at a cross lease conversion when rectifying a defective cross lease given the potential cost benefit in doing this.
- Gain a detailed examination of cross lease conversions, the process and considerations when looking at one
- Examine the types of instruments that may be required for a subdivision and when and why you might use them
Presented by Shaun McGivern, Partner and Simon Blogg, Associate, Haigh Lyon Lawyers and Geoff Webster, Director, CKL Limited, Registered Professional Surveyor
3.45pm to 4.30pm Resource Management and Environmental Issues when Subdividing
- Recent case law
- Development contributions
- Dealing with specific problems:
- Contaminated Land
- Natural Hazards
- Stormwater
- Urban intensification: the issues
- Reform
- Water and Rural
- RMA
- Climate Change
Presented by Stuart Ryan, Barrister, Ākarana Chambers
Learning Objectives:
- Examine best practice approaches to commencing a subdivision
- Learn how to set up a LINZ e-Dealing
- Gain a deeper understanding of cross-lease conversions and types of instruments
- Receive a timely update on resource management issues affecting subdivisions
Presenters
Elise Markwick
Elise Markwick is a partner in the commercial property department at Martelli McKegg, Lawyers in Auckland. Elise advises investors and developers on the acquisition, development, associated financing, leasing and sale of commercial property. Elise obtained her B.A. LL.B from Auckland University and was admitted to the Bar in 1985.
Alan Prescott
Alan Prescott is partner at Harmans Lawyers. He has over 30 years' experience advising clients in residential and commercial property transactions. He has a particular interest in construction law and acts for a number of residential and commercial builders. Since the Christchurch earthquakes he has advised his clients either buying or selling properties in "as is where is" written off condition. Alan has served on the Executive of the South island branch of the Property Council of New Zealand for the past 20 years.
Shaun McGivern
Shaun’s clients value how he easily relates to them and understands their goals, before recommending efficient action plans. Loyal and results focused, Shaun is respected for his vast international property expertise and relationship building abilities. He works hard to ensure his clients get the best out of every situation. Shaun kicked off his legal career in 2001, focusing on property, commercial law, trusts and estate planning. Today he is well-connected and draws on his deep market knowledge to advise large nationwide and publicly listed companies, SMEs and families, on all types of property transactions, structures and estate planning. On the inside, he is the firm’s go-to for everything property-related, and anything that requires a level headed response. On the outside, he is incredibly active, spending time with his young family, carving up the mountains and sea, hitting the green (golf and rugby) and fishing.
Simon Blogg
Simon Blogg is an Associate at Haigh Lyon Lawyers and primarily practices in property law. This focus in the property law field naturally led Simon to a particular interest in subdivisions and the varying complexity each development brings. Simon works with a number of clients on all manners of subdivisions and developments.
Stuart Ryan
Stuart is a barrister with a practice in resource management and public law. Stuart was a partner at Cooney, Lees Morgan and later at Hesketh Henry in Auckland before commencing practice as barrister in 2009.
Nick Kearney
Nick joined Davenports in 2021 after spending twelve years at another firm on the North Shore, with seven of those years as a director. Nick specialises in residential and commercial property, and general commercial work and holds a Masters degree that focused on real estate agents and their role in property law. Nick works across a broad range of property clients, and works very closely with a number of real estate agent branches. Nick has acted on a variety of residential property developments, big and small, and on complex commercial property matters. Nick’s focus is getting the deal done, and takes pride in explaining complex legal issues in simple terms.