New Zealand Legislation: Acts

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

• (1) Whenever the rent or any part thereof is in arrear for the space of 1 month, or whenever the body corporate has failed to perform or observe any of the covenants, conditions, or stipulations contained or implied in the lease and on the part of the lessee to be performed or observed, the lessor may—

  • (a) apply to the Court for the appointment of an administrator, in which case the provisions of section 40 shall, with any necessary modifications, apply; or

  • (b) apply to the Court for the cancellation of the unit plan, in which case the provisions of section 46 shall, with any necessary modifications, apply.

  (2) Where on an application made by the lessor under paragraph (b) of subsection (1) the Court makes a declaration authorising the cancellation of the unit plan, then, if all conditions and directions imposed or given by the Court have been complied with, the lessor may, within 6 months after the date of the declaration, apply to the Registrar for cancellation of the plan, in which case the provisions of section 47 shall, with any necessary modifications, apply.

  (3) Notwithstanding the provisions of subsection (1) no application pursuant to paragraph (a) or paragraph (b) of that subsection shall be made by the lessor unless and until the lessor serves on the body corporate a notice specifying the particular breach complained of, and, if the breach is capable of remedy, requiring the body corporate to make compensation in money for the breach, and the body corporate fails within a reasonable time thereafter to remedy the breach, if it is capable of remedy, and to make reasonable compensation therefor in money to the satisfaction of the lessor:

  provided that no such notice shall be required in case of non-payment of rent.

  (4) Where the lessor is applying to the Court under paragraph (b) of subsection (1) for the cancellation of the unit plan, the body corporate may apply to the Court for relief; and the Court, having regard to the conduct of the parties and to all the circumstances of the case, may grant or refuse relief, as it thinks fit; and if it grants relief may grant it on such terms (if any) as to costs, expenses, damages, compensation, penalty, or otherwise, including the granting of an injunction to restrain any like breach in the future, as the Court in the circumstances of each case thinks fit.