Reprint as at 1 April 2014

Unit Titles Act 2010

Public Act2010 No 22
Date of assent19 April 2010
Commencementsee section 2

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Justice, Ministry of Business, Innovation, and Employment, and Land Information New Zealand.


Contents

1 Title

2 Commencement

Part 1
Preliminary provisions

3 Purpose

4 Overview

5 Interpretation

6 Meaning of control period

7 Meaning of principal unit

8 Meaning of redevelopment

9 Meaning of certain expressions in relation to layered unit title developments

10 Act binds the Crown

11 Application of Act to retirement villages

12 Application of Act to timeshare resorts

13 General relationship to Resource Management Act 1991

14 Certain Acts not restricted

15 Relationship with Public Works Act 1981

Part 2
Unit title developments

Subpart 1Subdivision of land to create unit title development

16 Subdivision of land to create unit title development

17 Deposit of plan effects subdivision of land

Stratum estate created when unit plan deposited

18 Stratum estate created in unit

Subpart 2Subdivision of principal unit to create unit title development: layered developments

19 Meaning of layered unit title development

20 Subdivision of principal unit into subsidiary unit title development

21 Deposit of plan effects subdivision of principal unit

Stratum estate created when unit plan deposited

22 Deposit of plan effects subdivision of subsidiary unit title development

Subpart 3Creation of unit title development in stages

23 Subdivision may be done in stages

24 Deposit of plans in stages to create unit title development

25 Requirements for plans deposited in stages

26 Grounds for principal administrative officer’s refusal to give certificate in staged development

27 Future development units

28 Application of Resource Management Act 1991 to staged development

29 Stage unit plan or complete unit plan and certificate under section 224(c) of Resource Management Act 1991

30 Alteration of proposed unit development plan

Subpart 4Requirements relating to unit plans

31 Application of this subpart

32 Restrictions on deposit of unit plans

33 Further provisions relating to restrictions on deposit of unit plans

34 Unit plan must comply with survey requirements

35 Grounds for authorised officer's refusal to give certificate

36 Territorial authority cannot require alterations once certificate given

37 Protection of territorial authority, etc, from liability for issuing of certificate

Subpart 5Ownership interest and utility interest

38 Ownership interest

39 Utility interest (other than for future development units)

40 Utility interest for future development unit

41 Reassessment of ownership interest and utility interest

42 Registrar to be notified of reassessment

Subpart 6Computer registers, etc

43 Creation of computer registers where land subdivided to create unit title development

44 Creation of computer register where principal unit subdivided to create subsidiary unit title development

45 No computer registers for base land, subdivided principal unit, or component parts of stratum estate

46 No computer register to be created for common property

47 Supplementary record sheets

48 Noting of subsidiary unit title development

49 New unit plans

Subpart 7General provisions relating to dealings with unit title developments

50 Ways in which stratum estate and base land may be dealt with

51 Dealings with subsidiary unit title development

52 Effect of transfer, lease, etc, of stratum estate

53 Independent dealings with accessory units restricted

Subpart 8Ownership of, and dealings with, common property

54 Ownership of common property

55 Access lots

56 Sale, lease, or licence of common property

57 Registration of transfers of common property

58 Additions to common property

59 Registration of additions to common property

Subpart 9Easements and covenants

Existing easements and covenants affecting base land

60 Existing easements and covenants affecting base land

61 Dealings with easements and covenants existing before deposit of unit plan

Creation of new easements and covenants

62 Powers of body corporate in respect of easements and covenants over or for benefit of common property

63 Ability of owner of unit in respect of easements and covenants

Subpart 10Redevelopments

References to unit plan in relation to redevelopments

64 References to unit plan in relation to redevelopments

Redevelopment requiring amendment to unit plan

65 Redevelopment requiring amendment to unit plan

66 Requirements for amendment to unit plan under section 65

67 Deposit of amendment to unit plan

Redevelopment requiring new unit plan

68 Redevelopment requiring new unit plan

69 Requirements for new unit plan under section 68

70 Reassessment of utility interests

71 Deposit of new plan for redevelopment

Subpart 11Miscellaneous provisions relating to creation of, and dealings with, unit title developments

72 Application of Land Transfer Act 1952 to stratum estates

73 Incidental rights

Scheme following destruction or damage

74 Scheme following destruction or damage

Subpart 12Management structures and arrangements

Establishment and constitution of body corporate

75 Creation of body corporate

76 Members of body corporate

77 Core things body corporate may do

78 Act must be for purpose of performing duties or exercising powers

Rights and responsibilities

79 Rights of owners of principal units

80 Responsibilities of owners of principal units

81 Responsibilities of absent owner of unit who leases or licenses unit

82 Requirements relating to consent by subsidiary body corporate to additions or structural alterations

83 Rights and responsibilities of owners of principal units in subsidiary unit title developments

Powers and duties of body corporate

84 Powers and duties of body corporate

85 Register of unit owners

86 Power of body corporate to sign document

87 Payment of ground rental by body corporate

Meetings and voting

88 Meetings

89 Requirement for annual general meeting

90 Who may call general meetings

91 General meetings of parent body corporate or parent body corporate committee

92 Representation of body corporate

93 Subsidiary body corporate representative

94 Duties of subsidiary body corporate representative

95 Quorum

96 Voting: eligibility

97 Counting of votes for ordinary resolution subject to request for poll

98 Counting of votes for special resolution subject to request for poll

99 Request for poll

100 Counting of votes if poll requested

101 How matters at general meeting of body corporate decided

102 Voting: proxies

103 Voting: postal

104 Passing of resolution without general meeting

Body corporate operational rules

105 Body corporate operational rules

106 Amendments, revocations, and additions to body corporate operational rules

107 Conflict between body corporate operational rules

Delegation

108 Delegation of duties and powers

109 Delegated duties and powers of body corporate committee

110 Effect of delegation on body corporate

111 Revocation of delegation

Body corporate committees

112 Establishment of body corporate committee

113 Decision-making of body corporate committee

114 Body corporate committee to report to body corporate

Subpart 13Financial and property management

Long-term maintenance plans, funds, and ancillary matters

115 Operating account

116 Long-term maintenance plan

117 Long-term maintenance fund

118 Optional contingency fund

119 Optional capital improvement fund

120 Separate bank accounts for each fund

Contributions

121 Contributions to be levied on unit owners

122 Notice to body corporate of occupation of future development unit

123 Body corporate may enter into agreement with owner of future development unit for expenditure of money for mutual benefit

124 Recovery of levy

125 Recovery of metered charges

126 Recovery of money expended for repairs and other work

127 Recovery of money expended where person at fault

128 Interest on money owing to body corporate

129 Subsidiary body corporate owner of principal unit for purpose of contributions

Spending, borrowing, investing, and distributing money or property

130 Spending, borrowing, and investing money

131 Distribution of surplus money or property

Auditing and monitoring

132 Financial statements

133 Special powers of chief executive for monitoring and reporting on long-term financial and maintenance planning regime

Insurance

134 Insurance

135 Body corporate to insure all buildings, etc

136 Insurance: principal insurance policy

137 Further provisions relating to insurance

Repair and maintenance

138 Body corporate duties of repair and maintenance

Review of service contracts

139 Original owner’s obligation in relation to service contracts

140 Compensation for, or termination of, service contracts

Appointment of administrator

141 Appointment of administrator

Liability

142 General liability in tort

143 Body corporate as defendant in tort

Subpart 14Disclosure of information

Disclosure of information by seller of unit

144 Interpretation

145 Prohibition on contracting out

146 Pre-contract disclosure to prospective buyer

147 Pre-settlement disclosure to buyer

148 Buyer may request additional disclosure

149 Buyer may delay settlement if disclosure late or not made

150 Seller must rectify inaccuracies in disclosure statement

151 Cancellation by buyer

152 Further requirements concerning disclosure statements

153 Buyer may rely on information

Disclosure by original owner of unit title development to body corporate

154 Original owner to give notice when time for turn-over disclosure reached

155 Body corporate must convene meeting when time for turn-over disclosure reached

156 Turn-over disclosure by original owner to body corporate

157 Original owner must rectify inaccuracies in information provided under section 156

Part 3
Special provisions relating to leasehold land

158 Application of this Part

159 Preservation of lessor’s interest

160 Powers of body corporate in respect of lease

161 Dealing with stratum estate in leasehold

162 Restrictions on surrenders and releases

163 Implied guarantee by unit owners

164 Exclusion of powers of forfeiture, re-entry, and distress

165 Lessor may apply for appointment of administrator or cancellation of unit plan

166 Expiry of lease

167 Renewal or expiry of lease and purchase of reversionary interest

168 Entitlement of lessee to buildings, fixtures, etc

169 Merger

170 Owner of future development unit member of body corporate for purpose of this Part

Part 4
Disputes, cancellation, and conversion

Subpart 1Disputes

171 Jurisdiction of Tenancy Tribunals

172 Jurisdiction of District Courts

173 Jurisdiction of High Court

174 Exclusion of Tribunal’s jurisdiction prohibited

175 Transfer of proceedings to District Court or High Court

176 Certain provisions of Residential Tenancies Act 1986 to apply

Subpart 2Cancellation of unit plans

Cancellation of unit plans by Registrar

177 Application by body corporate for cancellation of unit plan

178 Restriction on cancellation of unit plan if subsidiary unit title development exists

179 Cancellation of unit plan by Registrar

180 Effect of cancellation of unit plan—standard unit title development or head unit title development

181 Effect of cancellation of unit plan for subsidiary unit title development

182 Effect of cancellation of stage unit plan

183 Extinguishment of registered interests, etc

184 Vesting of share where 2 or more owners of unit

185 Body corporate dissolved when unit plan cancelled

186 Recording of cancellation of unit plan

Cancellation of unit plans by High Court

187 Application to High Court for order of cancellation of unit plan

188 Cancellation of unit plan by High Court

189 Cancellation of plan following decision of High Court

190 Owner of future development unit member of body corporate for purposes of sections 177 to 189

Subpart 3Conversion of existing schemes

191 Application and interpretation of this subpart

192 Conversion to be preceded by resolution or High Court order

193 Application to High Court if special resolution not obtained

194 Resolution or order to constitute sufficient authority for action by company or owners

195 Notice of resolution or order

196 Procedure where caveat lodged

197 Consents to deposit of plan

198 Mortgages and charges to be discharged before deposit of unit plan

199 Effect of deposit of unit plan

200 Creation of computer register in respect of units

Part 5
General provisions

Subpart 1Administration

201 Chief executive responsible for administration of Act

202 General functions and powers of chief executive

203 Immunities

Subpart 2Miscellaneous

204 Joinder of actions

205 Service of documents

206 Provision of records and documents

207 Powers of entry by local authority or public body

208 Requirement if consent requested

209 Distribution of proceeds in layered unit title development

Subpart 3Minority and majority relief

210 General relief for minority where resolution required

211 Relief in cases where special resolution required

212 Designated resolutions

213 Notices of designated resolutions

214 Requirements in relation to objections

215 Hearing if objection made

216 Certificate required

Subpart 4Regulations

217 Regulations

Subpart 5Repeals, transitional provisions, and consequential amendments

218 Unit Titles Act 1972 repealed

219 Existing unit title developments

220 Continuation of certain provisions of Unit Titles Act 1972

221 Application of sections 105, 106, 116, 117, and 138 to existing unit title developments

222 Ownership interest

223 Ownership of common property

224 Transitional provision for supplementary record sheets

225 Transitional provision for annual general meetings of bodies corporate for existing unit title developments

226 Transitional provision for body corporate resolutions

227 Transitional provision for proceedings under former Act

228 Disclosure of information by seller of unit

229 Review of service contracts

230 Principal units consisting of open spaces: deposit of unit plans

231 Principal units consisting of open spaces: amendment to unit plan

232 Application of Interpretation Act 1999

233 Consequential amendments to other enactments

Schedule 1
Illustrative examples of unit title developments

Schedule 2
Modifications to this Act applicable to timeshare resorts

Schedule 3
Consequential amendments to other enactments

Reprint notes