Capabilities
Real
Estate, Property Development and Resource Management
Body
Corporate Matters
Kay Keam is one of Auckland's leading commercial property
lawyers and has specialised in commercial property law for
over 20 years. In addition to a BCom/LLB, Kay has recently
graduated with a LLM (Distinction). Kay leads the firm's
property team. Her experienced team advise on the legal and
practical aspects of property transactions.
Property Law
Kay has extensive experience in the following areas of property
law:
- Commercial, industrial, office, retail and residential property
sales and purchases
- Property development including subdivisions and boundary
adjustments
- Negotiating and preparing leases (including green leases) for
retail, office and industrial properties including shopping centres
and childcare centres
- Drafting land covenants and encumbrances and advice in relation
to them
- Contract negotiation and preparation
- Due diligence
- Financing of property transactions
- Advice on complex property proposals and solving complex
problems
- Marina berth and boat sales as well as advice in relation to
marinas
- General advice to property managers
Examples of work
- Proposed redevelopment in Gisborne of hotel and conference
facilities and commercial and retail units, negotiation with hotel
managers, sale hotel and retail units
- Purchase of golf course and establishment of structure for
ongoing operations
- Joint venture with hotel and casino development
- Staged 250 residential unit development of leasehold property
in the central city
- Acquisition of site and unit titling of luxury apartments in
the central city
- Two tower residential apartment development in Auckland CBD
- 61 apartments over 10 stories
- Large staged fee simple subdivision of approximately 1165
sections at Omaha. Involvement in establishment of owners'
association and extensive land covenants
- Initial strata freehold subdivision of the Chancery site into
four lots; subsequent unit titling, leasing and sale of retail and
office units and carparks. Subsequently involved in proposed
hotel and residential complex which did not proceed.
- Large fee simple subdivision on Waiheke. Involvement
included structuring of the development and arrangements in
relation to private water company
- Unit title developments with combination of retail and office
through out all of Auckland. Involved in acquisition of
properties and subsequent unit titling, leasing and sale of
units
- Boutique heritage commercial development in Auckland CBD
- Property related assistance in relation to litigation and
assistance with structuring and contracts for new power station in
Taupo
- 61 lot freehold subdivision in Dannemora - acquisition of site,
fee simple subdivision and sale of houses (settlement being
following construction)
- Acquisition of sites, project management agreements and leasing
for owner of nationwide properties leased to childcare centre
operator
With a focus on providing calm, pragmatic and commercial legal
advice, Kay's aim is to do all she can to make a
transaction work and to provide a quality and speed of service
to ensure that it does. She adds value to transactions. Her
experience and straight forward approach has seen her develop a
strong reputation. This has led to involvement in some of New
Zealand's most complicated commercial property transactions.
Body Corporate Law
- Unit title developments including body corporate rules
- Governance issues
- Cost allocation
- Maintenance issues
Kay acts for a broad spectrum of clients, ranging from personal
clients requiring residential conveyancing services through to
property developers, banks and financial institutions. She is the
professional trustee of a number of family trusts as well as the
secretary for the Orakei Marina Management Trust.
Kay is very involved in the Auckland District Law Society
Incorporated's activities. She is a past convenor of the property
and business law committee and the current convenor of the
documents and precedents committee. This committee is
responsible for the standard agreement for sale and purchase, deed
of lease, auction agreement and many other documents which are used
throughout New Zealand.
Testimonials
We engaged Kay to provide evidence as an expert in a High
Court matter. She was able to respond and identify the key issues
she was required to address in a timely manner. The QC involved in
the case was very impressed with Kay's delivery and presentation of
her evidence and the way she responded to the issues in cross
examination. Kate Dillon, Heaney & Partners
Kay's publications
Encumbrances
Encumbrances
have been used for a long time as a device to secure land covenants
in gross. Examples include conditions of consent, waivers of fire
rating requirements and obligation to join an owners' association.
As part of her study for a master of laws, Kay has looked at this
history, the problems with encumbrances and the Law Commission
proposal for their replacement - a statutory land covenant in
gross.
Assignment of weather
tightness and insurance claims to a purchaser under an agreement
for sale and purchase
Where a property has
been damaged prior to settlement, it is important to consider what
rights should also be assigned on settlement. As part of her study
for a master of laws, Kay has looked at what claims are
assignable.
Current issues
with Unit Titles
Kay was asked by Legalwise to give a presentation on disclosure
under the Unit Titles Act. There are four types of disclosure -
pre-contract, pre-settlement, additional and turnover. Her paper
looks at each type of disclosure and the consequences if disclosure
is not made. Also included are links to the
seminar attachments and
Powerpoint presentation.
Recent articles
Recent Building Act changes have far reaching effects for
developers and investors
Let us help you
add value to your property
The Unitary Plan - your
place in Auckland's future
Are the rules the rules?