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New Zealand Legislation: Acts

Acts are laws made by Parliament

Reprint as at 1 January 2008

Unit Titles Act 1972

Public Act	1972 No 15
Date of assent	21 September 1972

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

This Act is administered in the Ministry of Justice.

Contents

1 Short Title and commencement

2 Interpretation

2A Relationship to Resource Management Act 1991

Part 1
Stratum estates

3 Subdivision of land into units

4 Subdivision effected when plan deposited

5 Restrictions on deposit of plan

5A Further provisions relating to principal administrative officer's certificate

6 Unit entitlement

7 Existing easements affecting land

8 Issue of certificate of title in respect of unit

9 Common property

10 Independent dealings with accessory units restricted

11 Incidental rights

12 Proprietors to constitute body corporate

13 Actions by and against body corporate

14 Liability in tort

15 Duties of body corporate

16 Powers of body corporate

17 Dealings affecting the common property

18 Registration of transfers of common property

19 Additions to common property

20 Supplementary record sheets and new unit plans

Part 2
Special provisions relating to leasehold land

21 Application of Part 2

22 Preservation of lessor's interest

23 Powers of body corporate in respect of lease

24 Dealing with stratum estate in leasehold

25 Restrictions on surrenders and releases

26 Implied guarantee by unit proprietors

27 Exclusion of powers of forfeiture, re-entry, and distress

28 Lessor may apply for appointment of administrator or cancellation of unit plan

29 Expiry of lease

30 Renewal or expiry of lease and purchase of reversionary interest

Part 3
Miscellaneous provisions

32 Recovery of contributions

33 Recovery of money expended for repairs and other work

34 Recovery of money expended where person at fault

34A Interest on money owing to body corporate

35 Limitation of liability of proprietors

36 Certificate of proprietor's liability

38 Provisions relating to insurance

39 Further provisions relating to insurance

40 Appointment of administrator

41 Exercise of voting rights

42 Relief in cases where unanimous resolution required

43 Relief for minority

44 Redevelopment

45 Cancellation of plan on application of proprietors

46 Application to Court for order of cancellation of plan

47 Cancellation of plan following decision of Court

48 Scheme following destruction or damage

49 Joinder of actions

50 Service of documents

51 Default by body corporate

52 Powers of entry by local authority or public body

53 [Repealed]

54 Register of proprietors

Part 4
Conversion of existing schemes

56 Application and interpretation of this Part

57 Conversion to be preceded by resolution or Court order

58 Application to Court if unanimous resolution not obtained

59 Resolution or order to constitute sufficient authority for action by company or owners

60 Notice of resolution or order

61 Service of notices

62 Consents to deposit of plan

63 Mortgages and charges to be discharged before deposit of unit plan

64 Effect of deposit of unit plan

65 Issue of certificate of title in respect of units

Schedule 1
Forms

Schedule 2
Rules that may be amended by unanimous resolution

Schedule 3
Rules that may be amended by resolution of body corporate

Schedule 4
Chief executive's certificate for Unit Plan

An Act to facilitate the subdivision of land into units that are to be owned by individual proprietors, and common property that is to be owned by all the unit proprietors as tenants in common, and to provide for the use and management of the units and common property

BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows: