PROPERTY SALES ACQUISITIONS AND LEASES

Status of Module

This module is scheduled for a regular review and update by July 2011.  The first step in the review process is a legal review to identify areas where change may be required.  This step is currently being undertaken.  Based on the results of this a decision will be made whether the scale and scope of changes needed require a practcitioner review team to be convened.  Anyone who is interested in being part of any such review team can contact dmackay@solgm.org.nz

UPDATE (Dec 2011):

This version of the module has been revised and amended from that previously published in July 2009.  Adjustments have been made to the content of the module following a legal review. The analysis tables have been rewritten and some material moved into the Hot Tips tables.  In the Legal Compliance section, hyperlinks have been established to the text of legislative provisions that are referred to.   Because of the scope and scale of the changes we recommend that all hard copies of earlier versions of the module should be destroyed and new ones printed.  A downloadable PDF version will be added (linked from the foot of the Links and Pathways page) shortly.

Other Material of Interest

LISTSERV:  If you interested in sharing information with other local authority staff about property issues, you can subscribe to the LAPA Local Authority Property Association (Inc) listserv available through LGOL by sending an email to listserv@listserv.localgovt.co.nz  with the words “subscribe LAPA” in the message body.  If you are a local authority legal advisor with an interest in property transactions you might also be interested in the local government lawyers listserv.  To joint this list send an email to listserv@listserv.localgovt.co.nz  with the words “subscribe LGLAWYERS” in the message body

LAPA:  You might be interested in joining the Local Authority Property Association.  This is a group of local authority property employers focused on providing a forum for co-operation and information sharing for council property staff, nationally.  You can get more information about LAP from www.lapa.org.nz.

TRAINING: Training in property management designed specifically for local government is provided by NAMS.  For more information go to www.nams.org.nz.

NAMS PROPERTY: NAMS Property is a comprehensive guide to the management of property assets. or more information go to www.nams.org.nz .  

SUGGESTIONS: If you know of other sources of information and guidance that are likely to be relevant to users of this module please let us know so we can add them to the list (dmackay@solgm.org.nz)

Contents of the Module

This Property Sales Acquisitions and Leases  Module has been developed by teams of specialist practitioners representing local authorities of differing sizes and geographical locations across New Zealand. The content is endorsed by RiskPool (indemnifier of the majority of Local Authorities in New Zealand) and reviewed by Audit New Zealand and independent legal experts.  The sections of the module are:

1. Request for Sale - Determine Status of Property
2. Review of Property to Determine if Property is Required
3. Decision Making
4. Public Works Aspects of Sale
5. Offer Back
6. Disposal of Parks, Reserves & Endowment Land
7. Sales Process
8. Sale Settlement Process
9. Identification of Property that Meets the Purpose & Needs
10. Acquisition Process
11. Completion of Acquisition Process
12. Compulsory Acquisition
13. Leasing Classification
14. Reserve Leasing Classification
15. All Other Types Of Leasing
16. Easements
17. Information On Legislative Changes

Thanks to Contributors

Our thanks to the individuals and local authorities who contributed to the development and maintenance of this module:

• Bede Kearney Audit NZ
• Brian Smith  Audit NZ
• Claire Healing Timaru DC
• John Rooney Ashburton DC
• Karilyn Shutt Christchurch CC
• Kevin McNaught Southland DC
• Neville Bishell Environment Canterbury
• Pam Ellis Christchurch CC
• Tony Quirk Marlborough DC