New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) A unit plan may not be deposited—
(a) While the certificate of title to any land to which it relates is limited in any manner referred to in Part 12 of the Land Transfer Act 1952:
(b) While the land to which it relates is held in more than one certificate of title issued under the Land Transfer Act 1952:
(c) Unless the land to which it relates is the whole of the land in a certificate of title issued under the Land Transfer Act 1952:
(d) Until it has been approved by the Chief Surveyor appointed for the land district constituted under the Land Act 1948 in which the relevant land is situated:
(e) [Repealed]
(f) Unless the grantor of the lease or licence if the land is held under a lease or licence, the registered proprietor of any mortgage or charge affecting the land or any part of it, and every caveator whose caveat against the land was lodged with the Registrar before deposit of the plan, have consented in writing to its being deposited:
Provided that any such consent may be given by an agent duly authorised in writing:
(g) Unless a certificate in the form set out in Schedule 4 to this Act has been given in writing by the chief executive of the territorial authority in whose district the land is situated to the effect that every building shown on the plan has been erected, and all other development work has been carried out, to the extent necessary to enable all the boundaries of every unit and the common property shown on the plan to be physically measured:
Provided that paragraphs (a), (b), and (c) of this subsection shall not prevent the deposit of a plan in any case where one certificate of title, not limited in any manner referred to in Part 12 of the Land Transfer Act 1952, can properly be issued for the land to which the plan relates.
(2) The approval of a Chief Surveyor aforesaid endorsed on a unit plan shall have effect to—
(a) Approve for the purposes of the Survey Regulations 1972 any survey definition incorporated in the plan:
(b) Approve for the purposes of this Act and the Land Transfer Act 1952 the definition of all the units and common property shown on the plan:
(c) Render the plan the property of the Crown.
(2A) [Repealed]
(2B) [Repealed]
(2C) [Repealed]
(3) Application to deposit a unit plan shall be made to the Registrar in form 1 in Schedule 1 to this Act by the registered proprietor of the land to which the plan relates.
Subsection (1)(e) repealed, as from 1 July 1988, by section 2(2)(e) Wages Protection and Contractors Liens Act Repeal Act 1987 (1987 No 188).
Subsection (1)(g) was substituted by section 2(1) Unit Titles Amendment Act 1973 (1973 No 101).
Subsection (1)(g) was substituted, as from 2 November 1979, by section 13(1) Unit Titles Amendment Act 1979 (1979 No 37).
Subsection (1)(g) was amended, as from 20 January 1981, by section 2(2) Local Government Amendment Act 1980 (1980 No 82) by substituting the words “principal administrative officer”
for the words “principal officer”
.
Subsection (1)(g) was amended, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84) by substituting the words “chief executive”
for the words “principal administrative officer”
. See sections 273 to 314 of that Act as to the savings and transitional provisions.
Subsection (2)(b) was amended, as from 2 November 1979, by section 13(2) Unit Titles Amendment Act 1979 (1979 No 37) by substituting the words “all the units and common property”
for the words “any flat or office”
.
Subsection (2A) was inserted by section 2(2) Unit Titles Amendment Act 1973 (1973 No 101) and repealed, as from 2 November 1979, by section 14(2)(a) Unit Titles Amendment Act 1979 (1979 No 37).
Subsection (2B) was inserted by section 2(2) Unit Titles Amendment Act 1973 (1973 No 101) and repealed, as from 2 November 1979, by section 14(2)(a) Unit Titles Amendment Act 1979 (1979 No 37).
Subsection (2C) was inserted by section 2(2) Unit Titles Amendment Act 1973 (1973 No 101) and repealed, as from 2 November 1979, by section 14(2)(a) Unit Titles Amendment Act 1979 (1979 No 37).