Commercial Property
Keeping your property project on track, on time and on budget
In this area, experience is everything. Our specialist team will keep your project on track, on time and on budget.
 
Whether you’re looking to acquire, develop, finance, lease or sell commercial property – talk to us first. We’re skilled at working through the process, and anticipating unexpected issues before they arise. 
 
Our commercial property team – which includes in-house resource management specialists – is sought after by individuals, businesses, and large private and public institutions. We get involved in all types of commercial property projects; from retail centres and mixed use developments, to large institutional commercial property portfolios.
 
Our clients tell us they value our expertise in the commercial property market. Our goal is to offer you the best of both worlds – experience where it matters, coupled with innovative solutions and ideas to deliver that extra advantage.

Click here to download a full PDF copy of our commercial property brochure (2.7MB).
 

Specialists

Recent Projects

  • Acted for developers who have undertaken subdivisions.
  • Regularly advises clients on residential build agreements.
  • Advised various Body Corporates and property owners on issues arising from Christchurch earthquakes and the Unit Titles Act.
  • Assisted with acting on behalf of a 31 owner body corporate to ultimately achieve unanimous agreement to the sale of all their units over a 3 year period.
  • Involved in successful accretion and adverse land claim applications.
  • Provided advice to commercial property developers, retail managers and lessees, and in particular to both shopping centre managers and national retail store owners.
  • Advising Landlords and Investors on the process and documentation for new office and retail building developments post earthquake.
  • Acting for a national transportation and distribution company with multiple subsidiaries, advising on the group’s property requirements over multiple sites throughout NZ.
  • Acting for the property arm of a national trading bank, for all its property requirements in the South Island.
  • Providing legal advice to landlord clients on issues arising from the Christchurch earthquake and in particular in relation to "tenantability" and termination issues.
  • Land acquisition, financing, development, and leasing of shopping centres.
  • The application of securities legislation on property development proposals.
  • Joint ventures for the development and holding of a high value commercial property.

Articles

4/08/2017

Health and Safety at Work Act 2015 – A Landlord's Perspective

This article considers what is required of landlords, whether commercial or residential, under the health and Safety at Work Act 2015.

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12/08/2015

Papering over the cracks: a summary of the University of Canterbury v Insurance Council of NZ

On 22 December 2014, the Supreme Court affirmed the decisions of the Court of Appeal and the High Court in finding that local authorities cannot require building owners to strengthen buildings so they exceed 33% of the new building standards (NBS).

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11/03/2015

Consumer Law Reform: Unfair Contract Terms

Arguably the most wide-reaching change following the recent overhaul of New Zealand's consumer laws is the prohibition on unfair contract terms in standard form consumer contracts. These changes come into effect on 17 March 2015. The Commerce Commission has indicated that it will take a proactive approach to enforcing these new rules. It has recently finalised its guidelines outlining its intended approach to enforcement. You can access these guidelines by clicking on this link http://www.comcom.govt.nz/fair-trading/guidelines/unfair-contract-term-guidelines/

Keep reading...


29/10/2014

Don't leave things to chance - Reform of Incorporated Societies Act 1908: Issues for Sports Organisations - Part 3

It is very common for disputes to arise between members of societies. It is also quite common for a society's rules to be inadequate to properly deal with those disputes. This creates uncertainty as to how the dispute can be properly resolved both from the society and a member's point of view. The consequence is numerous complaints by members that they haven't been treated fairly or been properly heard.

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29/10/2014

Greater Responsibility for Officers - Reform of Incorporated Societies Act 1908: Issues for Sports Organisations - Part 2

The governance of a society is the running of a society. Until now, the legislation was silent on a society's governance, specifically the duties and obligations owed by officers to societies. This is set to change. It is likely that officer's duties in the reformed legislation will be specified and will be similar to company director's duties under the Companies Act.

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6/10/2014

Subcontractor Retentions: a matter of trust

The forecast for national building and construction is at an unprecedented level, and with a sustained rate of growth that has not been seen in the past 40 years. Despite the positive prognosis for New Zealand's construction industry, cashflow problems have proved terminal for many building firms in recent times. One of the factors affecting cashflow is retentions, which are sums withheld from payments owed to the head contractor (commonly 5-10% of the total contract price), and which are designed to guarantee quality of the head contractor's work, and to ensure that any defects are put right. In most cases, the head contractor does not become eligible to receive all or part of the retained sum until the whole of the construction works are complete, or until the end of the defects liability period, which can be months or even years after completion. This amount often comprises the head contractor's entire profit margin. Unsurprisingly, most head contractors adopt the same process for paying their subcontractors, who are generally not as informed about the viability of a certain project.

Keep reading...


22/05/2013

Sharing in the Proceeds: A Tenant's Interest in its Landlord's Insurance Policy

A recent decision of the High Court Earthquake List in Christchurch has considered the interests of a tenant under its landlord's insurance policy.

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14/03/2013

Proposed Changes to the Construction Contracts Act 2002

On 29 January 2013, the Construction Contracts Amendment Bill (the "Bill") was introduced to Parliament.  The Bill proposes changes to extend the application of the Construction Contracts Act (the "CCA") to residential construction contracts, and to widen the group of professionals covered by the CCA.  It also proposes to amend the enforcement and adjudication processes and to allow more direct enforcement of determinations under the CCA. 

Keep reading...


17/02/2013

CERA Acquisitions for Anchor Projects

The Christchurch Central City Recovery Plan could result in the Canterbury Earthquake Recovery Authority compulsorily acquiring large tracts of the central city for the Anchor Projects.

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20/11/2012

Compulsory Acquisition in the Central City

Many landowners in the central city have now received letters from CERA, the Canterbury Earthquake Recovery Authority, informing them that their land in the central city has been designated for Anchor Projects under the Central City Recovery Plan.  This article describes the processes of designation, acquisition and compensation under the CER Act.

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15/11/2012

Updated Auckland District Lease Form

The Canterbury Earthquakes have been a major catalyst for the revision of the widely used ADLS Lease form. 

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28/10/2012

The Christchurch CBD Blueprint: Resource Management Issues

The blueprint for the Central City has been released, so what does it mean – particularly if you own property in the Central City?  How does it affect existing activities in the new zones?

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25/10/2012

Land Acquisition: What if my Land in the CBD is Designated?

If you have land in an area to be used for one of the anchor projects, your land may be acquired by the Crown. The CCDU will very soon be sending affected land owners a letter explaining what is happening and asking them to answer some questions about their properties. The Crown’s agents (The Property Group or others) will then contact the land owners about the next steps.

Keep reading...


20/07/2012

Commercial Earthquake Insurance Claims - Lessons Learned and Observations

When going into bat for commercial clients to help maximise their earthquake insurance claims, two things are vital:  information and tenacity.

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18/07/2012

Building Repair and the Building Act 2004

An insurer, under usual replacement insurance policy terms, has to reinstate a building. Typically the insurer will, as part of this, have to comply with building requirements applying at the time of reinstatement.

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18/07/2012

Post Earthquake Construction

The key to putting together a solid project with good prospects of success in the current environment is to thoroughly prepare in advance, understand what the risks to the project might be, and take a practical approach to allocating those risks across the parties involved.

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18/07/2012

Lease break clauses

The hurdle is very high for showing a lease has been frustrated, so almost all leases contain a break clause. At least in theory a break clause is more workable than the law of frustration as the break terms can be spelt out.

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13/06/2012

Construction Contracts: the effects of the Canterbury Quakes

The Canterbury earthquakes have thrown up many things to be learnt.  This article highlights some key things to consider when planning a new commercial building contract.  These issues apply wherever the building is to be located in New Zealand.

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16/05/2012

More than leases bargained for

In the aftermath of the Christchurch earthquakes many building owners, tenants, developers, and even lawyers have turned to their leases in an attempt to figure out exactly what they happens in a disaster.

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29/04/2012

Considering Leasing the Farm?

As farmland becomes more expensive and rental returns from leasing increase, farm leasing is becoming more attractive and prevalent.

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11/04/2012

Quakes Prompt Rethink of Leases

The earthquakes have shown up weaknesses in commercial leases used across New Zealand.

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16/02/2012

Handling Redundancies in Tough Times

Canterbury business owners have received a number of blows over the last couple of years.  The ongoing global financial crisis coupled with the effects of the Christchurch earthquake and subsequent aftershocks have hit many businesses hard.  Some business owners can no longer carry on as they have done in the past and now must consider downsizing their business to keep afloat.  This may result in business owners having to make the tough decision to lay off some of their staff. 

Keep reading...


12/02/2012

Leasing Process Explained

If you wish to enter into a commercial lease, whether as a landlord or a tenant, this typically involves negotiating and entering into a written agreement to lease. An agreement to lease is an agreement by the landlord to grant a lease, and the tenant to take the lease, at a future date.

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9/02/2012

Payments to Cease: Business Interruption Insurance

With the anniversary of the 22 February earthquake fast approaching, business interruption insurance is poised to re-enter the spotlight. The end of the month (February 2012) could bring a fatal blow to some businesses.

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1/02/2012

Disclosure Requirements under the new Unit Titles Act 2010

The Unit Titles Act 2010 (the "New Act") came in to force on 20 June 2011.  This new Act replaces the outdated Unit Titles Act 1972 and brings with it some significant changes.

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14/12/2011

New York skyscraper provides pointers for rebuilding

Recently I visited one of the world's greenest buildings. My colleague, Jared Ormsby, and I recently visited one of the world's greenest skyscrapers, One Bryant Park in New York.

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1/09/2011

Earthquakes, mortagees and lessees [2011] NZLJ 301

The Canterbury earthquakes have given rise to more than just seismic aftershocks. The legal consequences are only just beginning to be felt. Issues have been raised that have not been considered before and from which there are no easy answers.

Keep reading...


11/11/2001

The Deposit

The vendor wants it, the agent wants it more and the buyer cannot find it. Is it important? Jonathan Gillard, partner with the Christchurch Lawlink firm of Wynn Williams, looks at the issues and tells us why collecting a deposit is so important to the vendor.

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Wynn Williams Christchurch
Level 5, Wynn Williams House, 47 Hereford Street, Christchurch 8013, New Zealand.
PO Box 4341, DX WX11179, Christchurch 8140.
+64 3 379 7622
+64 3 379 2467
Wynn Williams Auckland
Level 11, AIG Building, 41 Shortland Street, Auckland 1010, New Zealand.
PO Box 2401, Shortland Street, Auckland 1140.
+64 9 300 2600
+64 9 300 2609
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