Reprint as at 1 March 2017

Coat of Arms of New Zealand

Unit Titles Act 2010

Public Act
 
2010 No 22
Date of assent
 
19 April 2010
Commencement
 
see 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

1Title
2Commencement
3Purpose
4Overview
5Interpretation
6Meaning of control period
7Meaning of principal unit
8Meaning of redevelopment
9Meaning of certain expressions in relation to layered unit title developments
10Act binds the Crown
11Application of Act to retirement villages
12Application of Act to timeshare resorts
13General relationship to Resource Management Act 1991
14Certain Acts not restricted
15Relationship with Public Works Act 1981
16Subdivision of land to create unit title development
17Deposit of plan effects subdivision of land
18Stratum estate created in unit
19Meaning of layered unit title development
20Subdivision of principal unit into subsidiary unit title development
21Deposit of plan effects subdivision of principal unit
22Deposit of plan effects subdivision of subsidiary unit title development
23Subdivision may be done in stages
24Deposit of plans in stages to create unit title development
25Requirements for plans deposited in stages
26Grounds for principal administrative officer’s refusal to give certificate in staged development
27Future development units
28Application of Resource Management Act 1991 to staged development
29Stage unit plan or complete unit plan and certificate under section 224(c) of Resource Management Act 1991
30Alteration of proposed unit development plan
31Application of this subpart
32Restrictions on deposit of unit plans
33Further provisions relating to restrictions on deposit of unit plans
34Unit plan must comply with survey requirements
35Grounds for authorised officer’s refusal to give certificate
36Territorial authority cannot require alterations once certificate given
37Protection of territorial authority, etc, from liability for issuing of certificate
38Ownership interest
39Utility interest (other than for future development units)
40Utility interest for future development unit
41Reassessment of ownership interest and utility interest
42Registrar to be notified of reassessment
43Creation of computer registers where land subdivided to create unit title development
44Creation of computer register where principal unit subdivided to create subsidiary unit title development
45No computer registers for base land, subdivided principal unit, or component parts of stratum estate
46No computer register to be created for common property
47Supplementary record sheets
48Noting of subsidiary unit title development
49New unit plans
50Ways in which stratum estate and base land may be dealt with
51Dealings with subsidiary unit title development
52Effect of transfer, lease, etc, of stratum estate
53Independent dealings with accessory units restricted
54Ownership of common property
55Access lots
56Sale, lease, or licence of common property
57Registration of transfers of common property
58Additions to common property
59Registration of additions to common property
60Existing easements and covenants affecting base land
61Dealings with easements and covenants existing before deposit of unit plan
62Powers of body corporate in respect of easements and covenants over or for benefit of common property
63Ability of owner of unit in respect of easements and covenants
64References to unit plan in relation to redevelopments
65Redevelopment requiring amendment to unit plan
66Requirements for amendment to unit plan under section 65
67Deposit of amendment to unit plan
68Redevelopment requiring new unit plan
69Requirements for new unit plan under section 68
70Reassessment of utility interests
71Deposit of new plan for redevelopment
72Application of Land Transfer Act 1952 to stratum estates
73Incidental rights
74Scheme following destruction or damage
75Creation of body corporate
76Members of body corporate
77Core things body corporate may do
78Act must be for purpose of performing duties or exercising powers
79Rights of owners of principal units
80Responsibilities of owners of principal units
81Responsibilities of absent owner of unit who leases or licenses unit
82Requirements relating to consent by subsidiary body corporate to additions or structural alterations
83Rights and responsibilities of owners of principal units in subsidiary unit title developments
84Powers and duties of body corporate
85Register of unit owners
86Power of body corporate to sign document
87Payment of ground rental by body corporate
88Meetings
89Requirement for annual general meeting
90Who may call general meetings
91General meetings of parent body corporate or parent body corporate committee
92Representation of body corporate
93Subsidiary body corporate representative
94Duties of subsidiary body corporate representative
95Quorum
96Voting: eligibility
97Counting of votes for ordinary resolution subject to request for poll
98Counting of votes for special resolution subject to request for poll
99Request for poll
100Counting of votes if poll requested
101How matters at general meeting of body corporate decided
102Voting: proxies
103Voting: postal
104Passing of resolution without general meeting
105Body corporate operational rules
106Amendments, revocations, and additions to body corporate operational rules
107Conflict between body corporate operational rules
108Delegation of duties and powers
109Delegated duties and powers of body corporate committee
110Effect of delegation on body corporate
111Revocation of delegation
112Establishment of body corporate committee
113Decision-making of body corporate committee
114Body corporate committee to report to body corporate
115Operating account
116Long-term maintenance plan
117Long-term maintenance fund
118Optional contingency fund
119Optional capital improvement fund
120Separate bank accounts for each fund
121Contributions to be levied on unit owners
122Notice to body corporate of occupation of future development unit
123Body corporate may enter into agreement with owner of future development unit for expenditure of money for mutual benefit
124Recovery of levy
125Recovery of metered charges
126Recovery of money expended for repairs and other work
127Recovery of money expended where person at fault
128Interest on money owing to body corporate
129Subsidiary body corporate owner of principal unit for purpose of contributions
130Spending, borrowing, and investing money
131Distribution of surplus money or property
132Financial statements
133Special powers of chief executive for monitoring and reporting on long-term financial and maintenance planning regime
134Insurance
135Body corporate to insure all buildings, etc
136Insurance: principal insurance policy
137Further provisions relating to insurance
138Body corporate duties of repair and maintenance
139Original owner’s obligation in relation to service contracts
140Compensation for, or termination of, service contracts
141Appointment of administrator
142General liability in tort
143Body corporate as defendant in tort
144Interpretation
145Prohibition on contracting out
146Pre-contract disclosure to prospective buyer
147Pre-settlement disclosure to buyer
148Buyer may request additional disclosure
149Buyer may delay settlement if disclosure late or not made
150Seller must rectify inaccuracies in disclosure statement
151Cancellation by buyer
152Further requirements concerning disclosure statements
153Buyer may rely on information
154Original owner to give notice when time for turn-over disclosure reached
155Body corporate must convene meeting when time for turn-over disclosure reached
156Turn-over disclosure by original owner to body corporate
157Original owner must rectify inaccuracies in information provided under section 156
158Application of this Part
159Preservation of lessor’s interest
160Powers of body corporate in respect of lease
161Dealing with stratum estate in leasehold
162Restrictions on surrenders and releases
163Implied guarantee by unit owners
164Exclusion of powers of forfeiture, re-entry, and distress
165Lessor may apply for appointment of administrator or cancellation of unit plan
166Expiry of lease
167Renewal or expiry of lease and purchase of reversionary interest
168Entitlement of lessee to buildings, fixtures, etc
169Merger
170Owner of future development unit member of body corporate for purpose of this Part
171Jurisdiction of Tenancy Tribunals
172Jurisdiction of District Court
173Jurisdiction of High Court
174Exclusion of Tribunal’s jurisdiction prohibited
175Transfer of proceedings to District Court or High Court
176Certain provisions of Residential Tenancies Act 1986 to apply
177Application by body corporate for cancellation of unit plan
178Restriction on cancellation of unit plan if subsidiary unit title development exists
179Cancellation of unit plan by Registrar
180Effect of cancellation of unit plan—standard unit title development or head unit title development
181Effect of cancellation of unit plan for subsidiary unit title development
182Effect of cancellation of stage unit plan
183Extinguishment of registered interests, etc
184Vesting of share where 2 or more owners of unit
185Body corporate dissolved when unit plan cancelled
186Recording of cancellation of unit plan
187Application to High Court for order of cancellation of unit plan
188Cancellation of unit plan by High Court
189Cancellation of plan following decision of High Court
190Owner of future development unit member of body corporate for purposes of sections 177 to 189
191Application and interpretation of this subpart
192Conversion to be preceded by resolution or High Court order
193Application to High Court if special resolution not obtained
194Resolution or order to constitute sufficient authority for action by company or owners
195Notice of resolution or order
196Procedure where caveat lodged
197Consents to deposit of plan
198Mortgages and charges to be discharged before deposit of unit plan
199Effect of deposit of unit plan
200Creation of computer register in respect of units
201Chief executive responsible for administration of Act
202General functions and powers of chief executive
203Immunities
204Joinder of actions
205Service of documents
206Provision of records and documents
207Powers of entry by local authority or public body
208Requirement if consent requested
209Distribution of proceeds in layered unit title development
210General relief for minority where resolution required
211Relief in cases where special resolution required
212Designated resolutions
213Notices of designated resolutions
214Requirements in relation to objections
215Hearing if objection made
216Certificate required
217Regulations
218Unit Titles Act 1972 repealed
219Existing unit title developments
220Continuation of certain provisions of Unit Titles Act 1972
221Application of sections 105, 106, 116, 117, and 138 to existing unit title developments
222Ownership interest
223Ownership of common property
224Transitional provision for supplementary record sheets
225Transitional provision for annual general meetings of bodies corporate for existing unit title developments
226Transitional provision for body corporate resolutions
227Transitional provision for proceedings under former Act
228Disclosure of information by seller of unit
229Review of service contracts
230Principal units consisting of open spaces: deposit of unit plans
231Principal units consisting of open spaces: amendment to unit plan
232Application of Interpretation Act 1999
233Consequential amendments to other enactments
Reprint notes