The Law Association of New Zealand

Commercial Leasing: Due Diligence

Commercial leasing continues to present a range of challenges and opportunities for landlords, tenants, and their advisers. In an evolving market, careful due diligence and a thorough understanding of lease terms are essential to identifying risks, managing obligations, and achieving successful leasing outcomes. This session takes a practical, landlord-and-tenant perspective on the due diligence issues that recur on commercial leasing transactions – including agreements to lease and suitability for purpose, rent reviews and ratchet mechanisms, renewals, and ongoing lease management.  

Drawing on real examples from recent market experience, the presenters will offer practical insights into where landlord and tenant issues align, where they diverge, and how advisers on both sides can manage these issues before they become disputes. 

Learning Outcomes

  • Identify key due diligence considerations for landlords and tenants at each stage of a commercial lease, from agreement to lease through to renewal or expiry.
  • Recognise common risks arising from agreements to lease and suitability for purpose and other issues that arise during the negotiation and administration of commercial leases.
  • Apply practical strategies to manage leasing obligations, allocate risk appropriately between landlord and tenant and navigate disputes or changing market conditions.


Who Should Attend?

Commercial lawyers and practitioners advising on commercial leasing matters.


Presenters

Joanne Ward | Principal Legal Counsel, KiwiRail
Kate Hatwell (née Searancke) | Partner, Tompkins Wake


Joanne Ward

Joanne has been practising as a solicitor, specialising in property law since 2001.  After working in private practice in Auckland and London, Joanne moved in-house, including at The Warehouse Group where she looked after a wide variety of leasing work of the Group’s brands.  Joanne is currently a Principal Legal Counsel at KiwiRail.  She is also the Chair of the TLANZ CPD Advisory Group.

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Kate Hatwell

Kate is a Partner in our property team specialising in property and local government law with extensive experience in leasing (all aspects including retail, commercial and industrial), commercial property transactions (sales and acquisitions), development (development agreements, mixed use and large-scale developments). Kate acts for a number of private and public sector clients on property related matters and has a breadth of experience working with the retail, commercial, office, industrial and residential property sectors.

Of Ngāti Maniapoto descent, Kate has a strong focus on her own iwi interests and the wider Maori community and is a representative for her hapu Ngāwaero on Waipa District Council's consultative committee Ngā Iwi o Toopu o Waipā. Kate is also deputy chair and trustee of the South Waikato Investment Fund Trust (SWIFT), a community-owned economic development fund dedicated to growth and development of business in the South Waikato, and a director of the Kaha Ake Partnership, a land development company established by Tauranga-based developer Classic Group and the NZ Super Fund which aims to use its scale and capital to increase housing supply in New Zealand.

Kate has been practicing law since 2004, joining Tompkins Wake in 2013 and was promoted to Partner in 2018.  She has been named a Recommended Lawyer, Real Estate and Construction, in the Legal 500 Asia Pacific.

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Details

Pricing Details

Ticket Price

Member: $120 plus GST
Non-Member: $170 plus GST




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Registration

Registration Close Date

03/11/2026
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