New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) In the case of a company-share complex, a claim cannot be brought under section 19 or 20 unless, at a general meeting of the company concerned, a resolution authorising the company to take the actions stated in subsection (4) has been passed by the affirmative vote of at least the lower of the following:
(a) 80% of the persons entitled to vote:
(b) the percentage of the persons entitled to vote—
(i) that is provided for in the company's constitution; or
(ii) that the company's constitution has, in some other way, the effect of requiring.
(2) In the case of a cross-lease complex, a claim cannot be brought under section 19 or 20 unless the representative concerned has been given a written notice authorising the representative to take the actions stated in subsection (4) by—
(a) the owners of at least 80% of the dwellinghouses in the complex; or
(b) if the lease documents relating to those dwellinghouses contain provisions to the effect that the owners of at least an identifiable percentage of the dwellinghouses in the complex must authorise actions of a kind that include those actions, at least the lower of the following:
(i) the owners of 80% of the dwellinghouses in the complex:
(ii) the owners of the identifiable percentage of the dwellinghouses in the complex.
(3) In the case of a unit title complex, a claim cannot be brought under section 19 or 20 unless a resolution has been passed in accordance with the Unit Titles Act 2010 authorising the body corporate to take the actions stated in subsection (4).
(4) The actions referred to in subsections (1) to (3) are—
(a) to bring and resolve a claim under this Act relating to the multi-unit complex concerned; and
(b) to take other actions incidental to bringing, running, or settling the claim; and
(c) to authorise invasive testing by an assessor relating to the common areas of that multi-unit complex.
(5) The taking of the actions stated in subsection (1), (2), or (3) is authority enough for the representative concerned to take the actions stated in subsection (4).
(6) Subsection (5) overrides anything to the contrary in—
(a) the constitution of a flat-owning or office-owning company; or
(b) the lease of any dwellinghouse in a cross-lease complex; or
(c) [Repealed]
Section 22(3): substituted (subject to sections 220 and 233(2) of the Unit Titles Act 2010 which postpone their application in certain cases for up to 15 months from 1 July 2011 to 1 October 2012), on 20 June 2011, by section 233(1) of the Unit Titles Act 2010 (2010 No 22).
Section 22(6)(c): repealed (subject to sections 220 and 233(2) of the Unit Titles Act 2010 which postpone their application in certain cases for up to 15 months from 1 July 2011 to 1 October 2012), on 20 June 2011, by section 233(1) of the Unit Titles Act 2010 (2010 No 22).
