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NEWS:
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The following is subject to the below disclaimer.
To view the articles, events and cases please click on the links below:
To view the articles, events and cases please click on the links below:
2019
Guest lecture by Peter Bates, Massey University, School of Accounting, Albany and video linked to Palmerston North: Land Law Reform - Unit Titles Act Review and Land Transfer Bill and Act 2017.
Expert evidence, Manukau District Court: Peter Bates’ opinion and guidance was adopted as the basis for orders by consent of both parties to resolve a view, fence and tree dispute under the Property Law Act 2007. This culminated in a prompt resolution of the dispute on site with the parties, counsel and the Court attending at the property with orders following that day:
Presentation given by Peter Bates to Beca, regarding Compliance in Property Advisory and Valuation, New Zealand, Australia, Asia-Pacific:
Presentation given by Peter Bates to Graduate Valuers regarding preparing for VRB registration:
2018
Peter Bates’ expert opinion was accepted and adopted by the High Court at Auckland in relation to retrospective historic valuation opinion, on both market values and rental values since the early 1980s, up to the date of hearing. This case dealt with the issues of how much rent was owed for occupancy of a property since the 1980s, and what value, if any, had been added to the property by the occupant in that period. Peter’s evidence is discussed in paragraphs [282]-[287]. Gordon J further accepted Peter’s description of the property and locale (at [331]). The Plaintiff’s position is also disproved by Peter’s expert evidence according to the judge, at [337].
2017
Expert Witness, Peter Bates: The Family Court at Auckland adopted the Bates valuation opinion for a house as a chattel together with a licence to occupy Maori land. This case grappled with the potential interface of family law and Maori land law. We generally do not provide links to Family Court decisions but, for lawyers, reference may be made to: FAM – 2015 – 004 – 001028; [2017] NZFC 6779.
Invited Speaker: The Auckland Branch of the New Zealand Institute of Valuers has invited Peter Bates to speak about the latest NZIV law reform projects at the upcoming NZIV Auckland Branch AGM on 20 March 2017. This will include discussion of the successful submissions on the Land Transfer Bill and the recent submissions on the Unit Titles Act 2010 review.
Presentation by Peter Bates to the New Zealand Institute of Valuers Council Meeting on 1 March at Auckland Domestic Airport. The paper was entitled, ‘The lack of oversight and fair process – how to up our game: Disciplinary Processes under the Valuers Act 1948 with two case studies'
Appointment: Peter Bates appointed by the President of the New Zealand Institute of Valuers, in February 2017, to make submissions on behalf of the Institute regarding the Review and Reform of the Unit Titles Act 2010.
2016
Guest presenter Peter Bates: LTB Fraud and Indefeasibility, October 2016 Massey University School of Finance and Economics
Government Administration Select Committee Submissions: Peter Bates and the NZIV President submitted further commentary on behalf of the NZIV on the Compensation Calculation (Valuation) Provisions of the Land Transfer Bill in July 2016.
Appointment: Peter Bates appointed by the New Zealand Institute of Valuers Council, in May 2016, to make submissions on behalf of the Institute regarding the Land Transfer Bill (including preparing the written submissions and appearing before Select Committee).
Appointment: Peter Bates appointed by the Law and Economics Association of New Zealand (LEANZ), to join its National Executive Committee, April 2016. LEANZ is a charitable organisation which promotes education and evidence based policy with regard to the field of law and economics. See the LEANZ website for their upcoming complimentary Wellington and Auckland Seminars - Come along and join us for these excellent events.
Appointment: Peter Bates appointed by the President of the New Zealand Institute of Valuers, in April 2016, to be the Institutes' liaison to the New Zealand Law Society and Auckland District Law Society in respect of the Land Transfer Bill and to write the NZIV submissions. The Auckland District Law Society Incorporated's submissions cited the New Zealand Institute of Valuers submissions with approval.
Seminar Presenters: Peter Bates and Blair Dyer: New Zealand Law Society Presentation: "Risk - Property Values and PI Insurance" 16 February 2016.
2015
Expert Witness, Peter Bates: The High Court at Auckland preferred the Bates opinion on valuation methodology and application in relation to the retrospective valuation of a high value beach front property at two historic dates and preferred the Bates sales comparisons. The Court adopted the Bates market value: Messenger & Anor v Stanaway Real Estate Limited [2015] NZHC 1795 [31 July 2015]. See [105] to [111].
Expert Witness, Peter Bates: The North Shore District Court followed the Bates opinion in relation to a S333 - 338 Property Law Act 2007 dispute regarding a fence and trees obstructing a coastal view shaft. The other expert was taken to have "accepted" at [41] and to "concede" at [42] to the prevailing Bates valuation opinion that: "...the existence of the views adds value to properties and that the obstruction of such views will inevitably result in a reduction in value" [41] "... some hardship is caused... with no corresponding hardship suffered..."[42] . The Bates advice also contributed to a "fair and reasonable" [57] compromise and modification to the order sought (southern panels need not be subject to an order [57]). The Judge also adopted other Bates advice regarding the nature and layout of the properties for issues considered in the judgment, at [50] and [33]. See: Quinlan v Bishop [2015] NZDC 20667.
Guest Lecture by Peter Bates: Massey University School of Accountancy: The Fraud Exception to Indefeasibility of Title and the Law Commission’s Suggestions for Future Legislation, July 2015 (click link to view slides or slides with the handouts can be obtained by students only through Dr Nicholas Smith or the Massey website).
Guest Lecture by Peter Bates: Auckland University of Technology Law School: Valuer Terms of Engagement and Professional Liability in Civil Remedies, 2015 (slides can be obtained by students only through Mike French or AUT Online. However, the model 'Terms of Engagement' and report extracts presented are withheld).
Massey University: Massey Magazine, Issue 32 April 2015 profiles Peter Bates.
Auckland University of Technology Law School: AUTLaw News Autumn 2015, p6, profiles Peter Bates
Article by Peter Bates: New Zealand Engineering News: PD Bates, Baker Law, Leases, alterations, occupancy - where is your business heading NZEN p22, Feb 2015 VOL 46 No 1.
Article by Peter Bates: New Zealand Engineering News: PD Bates, Baker Law, Make sure your insurance works for you NZEN p53, Mar 2015 VOL 46 No. 2.
Expert Witness, Peter Bates: The North Shore District Court followed the Bates opinion in relation to a S333 - 338 Property Law Act 2007 dispute regarding a fence and trees obstructing a coastal view shaft. The other expert was taken to have "accepted" at [41] and to "concede" at [42] to the prevailing Bates valuation opinion that: "...the existence of the views adds value to properties and that the obstruction of such views will inevitably result in a reduction in value" [41] "... some hardship is caused... with no corresponding hardship suffered..."[42] . The Bates advice also contributed to a "fair and reasonable" [57] compromise and modification to the order sought (southern panels need not be subject to an order [57]). The Judge also adopted other Bates advice regarding the nature and layout of the properties for issues considered in the judgment, at [50] and [33]. See: Quinlan v Bishop [2015] NZDC 20667.
Guest Lecture by Peter Bates: Massey University School of Accountancy: The Fraud Exception to Indefeasibility of Title and the Law Commission’s Suggestions for Future Legislation, July 2015 (click link to view slides or slides with the handouts can be obtained by students only through Dr Nicholas Smith or the Massey website).
Guest Lecture by Peter Bates: Auckland University of Technology Law School: Valuer Terms of Engagement and Professional Liability in Civil Remedies, 2015 (slides can be obtained by students only through Mike French or AUT Online. However, the model 'Terms of Engagement' and report extracts presented are withheld).
Massey University: Massey Magazine, Issue 32 April 2015 profiles Peter Bates.
Auckland University of Technology Law School: AUTLaw News Autumn 2015, p6, profiles Peter Bates
Article by Peter Bates: New Zealand Engineering News: PD Bates, Baker Law, Leases, alterations, occupancy - where is your business heading NZEN p22, Feb 2015 VOL 46 No 1.
Article by Peter Bates: New Zealand Engineering News: PD Bates, Baker Law, Make sure your insurance works for you NZEN p53, Mar 2015 VOL 46 No. 2.
2014
Expert Witness, Peter Bates: High Court at Auckland adopts Bates opinion that a property with geotechnical, title, building and compliance problems had a nil value. The Bates indicated value range was $150,000 through a negative value, if legal, planning and engineering advice could confirm certain requirements and costs. In the absence of such external specialist advice, a nil value was recommended by Bates and adopted by the High Court: Jerard v Paxton and Paxton [2014] NZHC 2493 [10 October 2014], CIV 2011-404-7422. See [31], [32] and [45].
Guest Lecture by Peter Bates: Auckland University of Technology Law School: Valuer Liability in Civil Remedies, 2014 (associated handouts can only be accessed by students through Mike French or AUT Online).
Guest Lecture by Peter Bates: Massey University School of Economics and Finance: Valuation Cases and Valuation of Leaky Buildings, 2014 (slides can be obtained by students only through Alan Pope or the Massey website)
Guest Lecture by Peter Bates: Auckland University of Technology Law School: Valuer Liability in Civil Remedies, 2014 (associated handouts can only be accessed by students through Mike French or AUT Online).
Guest Lecture by Peter Bates: Massey University School of Economics and Finance: Valuation Cases and Valuation of Leaky Buildings, 2014 (slides can be obtained by students only through Alan Pope or the Massey website)
2013
BATES MASSEY UNIVERSITY INSURANCE VALUATION SEMINAR 2013:
Bates Massey University Insurance Seminar 2013 Program Information
Seminar Introduction - Defining professional boundaries in insurance valuation
Presentation by Peter Bates
Professional and Massey Qualifications - An overview for Quantity Surveyors and Valuers Presentation by Alan Pope
QS Process for Reinstatement Cost Estimate
Presentation by James White
Valuers' Approach - Modal Rates and Issues
Presentation by Brett Smithies
Legal Issues- what property rights are being valued
Presentation by Rod Thomas
Seminar Introduction - Defining professional boundaries in insurance valuation
Presentation by Peter Bates
Professional and Massey Qualifications - An overview for Quantity Surveyors and Valuers Presentation by Alan Pope
QS Process for Reinstatement Cost Estimate
Presentation by James White
Valuers' Approach - Modal Rates and Issues
Presentation by Brett Smithies
Legal Issues- what property rights are being valued
Presentation by Rod Thomas
2012
Property Council of New Zealand Prize for academic achievement in property law (for 2012) awarded to Peter Bates
2011
NZIV (Auckland) AGM pass Bates motions (all votes in favour, none against).
Expert Witness Peter Bates: Weathertight Homes Tribunal set damages between full remediation / replacement cost and diminution of value. Market values assessed by Bates were considered by the Tribunal to be in accordance with the conventional approach. The market values and other market information provided by Bates were used to calculate damages, but including an adjustment for the particular (non-market) value the owners attached to their unique property and the circumstances of their loss : Strickland v Jargen and Others [2011] NZWHT AUCKLAND 46, TRI-2010-100-000099. See [114] to [125].
Expert Witness Peter Bates: Appointed by the President of the New Zealand Institute of Valuers (then Mrs Nicola Bilbrough) to advise on around twenty subdivision property value assessments in Auckland for forensic tax purposes.
Expert Witness Peter Bates: Weathertight Homes Tribunal set damages between full remediation / replacement cost and diminution of value. Market values assessed by Bates were considered by the Tribunal to be in accordance with the conventional approach. The market values and other market information provided by Bates were used to calculate damages, but including an adjustment for the particular (non-market) value the owners attached to their unique property and the circumstances of their loss : Strickland v Jargen and Others [2011] NZWHT AUCKLAND 46, TRI-2010-100-000099. See [114] to [125].
Expert Witness Peter Bates: Appointed by the President of the New Zealand Institute of Valuers (then Mrs Nicola Bilbrough) to advise on around twenty subdivision property value assessments in Auckland for forensic tax purposes.
2010
Article: Australian New Zealand Property Journal publish Prof. Dr Cox article based on the Bates Valuation Reporting, Law and Ethics Seminar 2010 with the questions written by Peter Bates: Prof Dr Cox, Ethics and the valuer's fiduciary duty to adequately inform the client; ANZPJ Dec 2010 Vol 2 No 8.
BATES VALUATION REPORTING LAW AND ETHICS SEMINAR 2010:
Bates Valuation Reporting, Law & Ethics Seminar 2010 Title Screen
Bates Valuation Reporting, Law & Ethics Seminar 2010 Program Information
Valuers in Dispute Resolution and as Expert Witnesses
Presentation by Bob Hawkes
*Note: High Court Rules have since changed
Practical Ways to Avoid Risk and Breaching Practice Standards
Presentation by Iain Gribble
Valuation Technique to Improve Rigour and Transparency in Commercial Valuation
Presentation by Mark McNamara
Valuation Practice Standards 2010
Presentation by Evan Gamby
Ethics and the Valuer's Fiduciary Duty to Adequately Inform the Client
Presentation by Dr Noel Cox, Professor of Law
Bates Valuation Reporting, Law & Ethics Seminar 2010 Program Information
Valuers in Dispute Resolution and as Expert Witnesses
Presentation by Bob Hawkes
*Note: High Court Rules have since changed
Practical Ways to Avoid Risk and Breaching Practice Standards
Presentation by Iain Gribble
Valuation Technique to Improve Rigour and Transparency in Commercial Valuation
Presentation by Mark McNamara
Valuation Practice Standards 2010
Presentation by Evan Gamby
Ethics and the Valuer's Fiduciary Duty to Adequately Inform the Client
Presentation by Dr Noel Cox, Professor of Law
DISCLAIMER
These papers are for educational purposes and to provide public discussion of professional issues among professionals. The topics, speakers, questions and experiences discussed do not necessarily represent the opinions or experiences of Bates Valuation Evidence Limited, its employees or the independent speakers and article authors. No liability is accepted, whatsoever, by Bates Valuation Evidence Limited, Peter Bates or any of the independent speakers, writers or organisations for the advice or any reliance on the opinions or representations made at, or in association with, the Bates & Associates / Bates Valuation Evidence Limited Seminars or other articles.
