New Zealand Legislation: Acts

19 Representative claims in respect of dwellinghouses in multi-unit complexes

• The representative of some or all of the owners of dwellinghouses in a multi-unit complex may bring a claim under this Act in respect of those dwellinghouses, and any common areas, as if those dwellinghouses and areas were a single dwellinghouse, and as if the representative were its owner, if—

  • (a) each owner has given the representative a written notice—

    • (i) authorising the representative to bring and resolve a claim; and

    • (ii) authorising invasive testing by an assessor relating to the owner's dwellinghouse; and

  • (b) the owners together own at least 75% of the dwellinghouses in the complex; and

  • (c) subsection (1), (2), or (3) (as the case requires) of section 22 has been complied with; and

  • (d) the representative (or, if the representative is a body corporate, an officer or member of the representative) attaches to the application for an assessor's report—

    • (i) a written notice authorising invasive testing by an assessor relating to any common areas in the complex; and

    • (ii) a statutory declaration that paragraphs (a) and (b), and subsection (1), (2), or (3) (as the case requires) of section 22, have been complied with.