New Zealand Legislation: Acts

23 Powers of body corporate in respect of lease

• (1) Subject to the provisions of this Part of this Act, upon the deposit of any such unit plan and until the cancellation thereof, the body corporate shall become and be entitled to sue and be sued as if it were the lessee under the lease and had all rights, powers, and privileges belonging or appertaining thereto, and shall become and be subject to and liable for the same requirements and liabilities as those to which it would have been subject and liable if named in the lease originally as lessee of the land:

  Provided that the body corporate shall not be entitled to call for the issue of a certificate of title in respect of its estate as lessee.

  (2) No cause of action in respect of any breach by the lessor of any covenant, agreement, or stipulation expressed or implied in the lease and on the part of the lessor to be performed or observed shall lie at the suit of a proprietor of any unit or the registered proprietor of any estate or interest in any unit.

  (3) Subject to the provisions of subsection (2) of section 27 of this Act, no cause of action in respect of any breach by the proprietor of any unit or the registered proprietor of any estate or interest in any unit of any covenant, agreement, or stipulation expressed or implied in the lease and on the lessee's part to be performed or observed shall lie at the suit of the lessor.