New Zealand Legislation: Acts

26 Adding further owners to representative claims in respect of multi-unit complexes or stand-alone complexes

• (1) Before adjudication of a claim under section 19 or 21 has been initiated, the representative can, in the way stated in section 27(1), add the owner of a dwellinghouse in the multi-unit complex or stand-alone complex concerned to the claim.

  (2) After adjudication of a claim under section 19 or 21 has been initiated, a further owner of a dwellinghouse in the multi-unit complex or stand-alone complex concerned can, in the way stated in section 27(2), be added to the claim by the representative, but only with the tribunal's consent.

  (3) The owner of a dwellinghouse in the stand-alone complex concerned must not be added under subsection (1) or (2) to a claim under section 21 unless section 21(1)(b)(i) or (ii) applies to the dwellinghouse.

  (4) If an assessor's report relating to the multi-unit complex or stand-alone complex concerned has already been completed when the owner is added then, having regard to the claim concerned and any evidence already obtained, the chief executive may do, or the tribunal may request the chief executive to do, one of the following:

  • (a) have a further assessment done, and provide an addendum to the original assessor's report; or

  • (b) proceed without having a further assessment done.