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 the Unit Titles Act 2010 or any body corporate operational rules made under that Act.

  (3) [Repealed]

  (4) [Repealed]

  (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) Subsection (6) overrides 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.

  Section 23(2): 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  Section 23(3): repealed (subject to sections 220 and 233(2) of the Unit Titles Act 2010 which postpone their application in certain cases for up to 15 months from 1 July 2011 to 1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).

  Section 23(4): repealed (subject to sections 220 and 233(2) of the Unit Titles Act 2010 which postpone their application in certain cases for up to 15 months from 1 July 2011 to 1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).

  Section 23(7): 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).