New Zealand Legislation: Acts

29 Notifying changes of ownership after claim brought in respect of dwellinghouses in multi-unit complex or stand-alone complex

• (1) Within 5 working days of becoming aware of a change in the ownership of a dwellinghouse to which a claim under section 19 or 21 relates, the representative concerned must give written notice of the change—

  • (a) to the chief executive, if adjudication has not been initiated; or

  • (b) to the tribunal and all parties, if adjudication has been initiated.

  (2) The effect of a change in the ownership of a dwellinghouse to which a claim under section 19 or 21 relates is that the claim ceases to relate to that dwellinghouse; but—

  • (a) the claim may proceed in respect of the other dwellinghouses to which it relates; and

  • (b) the new owner may be added to the claim under section 26.

  (3) Subsection (2)(b) is subject to subsections (1) to (3) of section 26.

  (4) For the purposes of this section, a change in the ownership of a dwellinghouse arising out of an agreement for its sale and purchase occurs on the day on which the sale and purchase is settled.

  (5) Change in the ownership of a dwellinghouse, in this section,—

  • (a) does not include a change of that kind occurring by operation of law; and

  • (b) if the dwellinghouse is property subject to a trust, does not include a change in the trustee or trustees; and

  • (c) if the dwellinghouse is owned by a company (whether the company owns other dwellinghouses within the building concerned or not), does not include a change in shareholding that results in control of the company passing to 1 or more different persons.