Subdivisions: Updates and Critical Elements
Attend this practical programme and gain critical knowledge on the latest NDRS: changes to urban density rules which become law this August. The panel of experts will guide you through the mechanics of a subdivision and see you conquer applications for easements and covenants, the road vesting process and how to successfully navigate key tax considerations. This not to be missed event will help you master the critical elements of subdivision to assist your practice. WEB229NZA09
Description
Attend and earn 3 CPD hours
Chair: Jonathan Wood, Senior Associate, Court One
1.15pm to 2.00pm NEW LEGISLATION: NDRS: Changes to Urban Density Rules
The Resource Management (Enabling Housing Supply and Other Matters) Bill is due to become law in August.
It will allow medium density residential development in major urban centres without resource consent (through medium density residential standards (MDRS) that allow three dwellings of up to three storeys on a site). The law has standardised objectives and policies applying to residential zones across the country, regardless of councils’ district plans. Councils that implement the MDRS into their residential zones must include the objectives and policies prescribed in the legislation.
The Bill will result in substantial changes to New Zealand’s planning regime and will undoubtedly lead to an increase in the number and scale of developments in urban areas.
- What are these objectives and policies and how will they affect the work of a property lawyer?
- What are the minimum building standards considering no resource consent is required, and therefore neighbours might not be notified?
- What can you advise clients who now might fancy themselves as developers?
- What’s the status of existing plan changes?
- How are they affected?
- What cities do these changes apply to and can others introduce them?
Presented by Nick Kearney, Special Counsel, Davenports Law and Simon O'Connor, Managing Director, Sentinel Planning
2.05pm to 2.50pm Preparing an Application for Extinguishing an Easement or Land Covenant
- Handy tips when creating easements and covenants in a subdivision
- How to remove covenants or easements impeding your client’s development plans
- How to draft subdivision covenants that add value and are specific to your clients development
- A review of the leading cases and what to avoid when drafting easements and covenants
Presented by Stuart Ryan, Barrister, Ākarana Chambers
2.55pm to 3.40pm Road Vesting Process
- Discuss three types of access developers like to use, including:
- Simple rights of way
- Private roads run by residents associations
- Roads vested with Councils
General update on road vesting and removal of land covenants
Presented by Hamish Douch, Partner, Mortlock McCormack Law
3.45pm to 4.30pm Tax Issues in Subdivisions: Topical Issues and Traps for the Unwary
- When the vendor will be taxable on the sale proceeds
- Getting GST right
- Practical steps that can be taken to manage tax risks through documentation
Presented by Chris Harker, Partner, Mayne Wetherell
Learning Objectives:
- Receive best practice guidance on the NDRS: Changes to urban density rules
- Learn how to prepare an application for extinguishing easements and covenants
- Understand how to navigate the road vesting process
- Recall tips and tricks for navigating tax issues in subdivisions
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.
Nick Kearney
Nick has been in practice for two decades, and graduated with his Master of Laws in 2017, where he wrote a thesis on the role caveat emptor plays in real estate transactions, particularly following the introduction of the Real Estate Agents Act 2008. Today, he heads up the property team at Davenports, which has a broad range of property clients, including developers, investors and commercial landlords and tenants. He takes a particular interest in the law around the role real estate agents play in property transactions and advises a range of parties - vendors, purchasers and agents - on their rights and obligations under the Act, and in related areas. He has acted for a large residential developer of sections for many years and is well versed in the technicalities and nuances of subdivisions.
Simon O'Connor
Simon O'Connor is Managing Director at Sentinel Planning. With over 20 years of experience in the public and private planning sector in New Zealand and abroad, Simon appears as an expert commentator, featuring on Radio New Zealand, Newstalk ZB and in Property Investor. Simon worked at United Kingdom’s most prominent independent planning consultancy and Local Council Major Projects. He was responsible for large-scale residential builds, national distribution centres, shopping malls and apartment complexes. Simon shared his knowledge and pragmatic approach at Auckland Council upon returning to New Zealand. He worked as a Principal Planner in policy and regulatory divisions and was instrumental in developing Auckland’s Unitary Plan.
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.
Hamish Douch
Hamish is involved in all areas of commercial and property law particularly subdivisions where he has clients throughout New Zealand. He has been on the NZLS Property Law Executive for a number of years and has a firm belief in extending collegiality through the profession.
Chris Harker
Chris advises on tax law. He has advised on a number of significant transactions including mergers and acquisitions, restructures, Public Private Partnerships (PPPs), and financing arrangements. He has also acted for clients seeking binding rulings from Inland Revenue in respect of prospective transactions and represented clients in respect of Inland Revenue investigations and disputes.