New Zealand Legislation: Acts

23 How administrative decisions relating to representative claims in respect of multi-unit complexes to be made

• (1) In this section, administrative decision means a decision relating to a claim under section 19 or 20 made after the claim has been brought.

  (2) If the representative bringing a claim under section 19 or 20 is a body corporate, every administrative decision relating to the claim must be made in accordance with its rules or constitution, but as modified by subsections (3), (4), and (7).

  (3) The governing or managing body of a body corporate can make an administrative decision by the affirmative vote of at least the lower of the following:

  • (a) 80% of the members of the governing or managing body who are entitled to vote:

  • (b) the percentage of the members of the governing or managing body who are entitled to vote—

    • (i) that is provided for in the rules or constitution of the body corporate; or

    • (ii) that those rules have, or that constitution has, in some other way, the effect of requiring.

  (4) A general meeting of a body corporate can make an administrative decision by resolution passed by the affirmative vote of at least the lower of the following:

  • (a) 80% of the persons who are entitled to vote:

  • (b) the percentage of the members of the body corporate who are entitled to vote—

    • (i) that is provided for in the rules or constitution of the body corporate; or

    • (ii) that those rules have, or that constitution has, in some other way, the effect of requiring.

  (5) To the extent (if any) that an administrative decision must be made by a representative in accordance with any lease or licence, it must be made in accordance with the lease or licence as modified by subsections (6) and (7).

  (6) A body of persons acting under a lease or licence can make an administrative decision by the affirmative vote of at least the lower of the following:

  • (a) 80% of the persons who are entitled to vote:

  • (b) the percentage of the persons acting under the lease or licence who are entitled to vote—

    • (i) that is provided for in the lease or licence; or

    • (ii) that the lease or licence has, in some other way, the effect of requiring.

  (7) Subsections (3), (4), and (6) override anything to the contrary in—

  • (a) the constitution of a flat-owning or office-owning company; or

  • (b) the lease of, or any licence relating to, any dwellinghouse in a cross-lease complex; or

  • (c) the rules of the body corporate of a unit title complex.