New Zealand Legislation: Acts

21 Representative claims in respect of dwellinghouses in stand-alone complexes

• (1) The representative of some or all of the owners of 1 or more dwellinghouses in a stand-alone complex may bring a claim under this Act in respect of those dwellinghouses if—

  • (a) each of those dwellinghouses is either—

    • (i) a building containing no common areas; or

    • (ii) part of a building consisting entirely of dwellinghouses and containing no common areas; and

  • (b) each of those dwellinghouses is either—

    • (i) a dwellinghouse that is a separate building; or

    • (ii) a dwellinghouse that is part of a building consisting entirely of dwellinghouses all of whose owners are, or are some of, the owners bringing the claim; and

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

    • (i) authorising the representative to bring and resolve a claim (unless the person concerned is taken to be the representative under subsection (2), in which case that kind of authorisation is not required); and

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

  (2) A person is taken to be the representative of the owner of 1 or more dwellinghouses in a stand-alone complex for the purpose of a claim under this section (without any written authorisation under subsection (1)(c)(i) or section 27(1)(b)(i) or (2)(b)(i)) if—

  • (a) each dwellinghouse in respect of which the claim is made is owned by that owner; and

  • (b) the person is that owner or, if that owner is a body corporate, a member or officer of that body corporate.

  (3) This Act, with all necessary modifications, applies to a claim under subsection (1) in respect of 2 or more dwellinghouses as if those dwellinghouses were a single dwellinghouse owned by the owner or owners concerned.