New Zealand Legislation: Acts

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

• (1) After the deposit of a unit plan to which this Part of this Act applies, and until the cancellation thereof,—

  • (a) No right of forfeiture or re-entry (whether for non-payment of rent or otherwise) shall be exercisable by the lessor:

  • (b) [Repealed]

  (2) Where the proprietor of any unit becomes liable under the provisions of subsection (1) of section 26 of this Act to pay to the lessor any sum (whether in respect of rent or other money payable under the lease) the lessor may enforce payment of the sum in the same manner as he would have been able to if the sum had been rent in arrear from the date on which the liability of that proprietor to pay arose and that proprietor had been the lessee under the lease:

  Provided that nothing in this subsection shall entitle, empower, or authorise the lessor to forfeit or determine that proprietor's interest under the lease.

  Section 27(1)(b): repealed, on 1 January 2008, by section 364(1) of the Property Law Act 2007 (2007 No 91).