Unit Titles Act 2010

35 Grounds for authorised officer's refusal to give certificate
  • An authorised officer of a territorial authority must not refuse to give a certificate in respect of any unit plan under section 32(2)(a) except on 1 or more of the following grounds:

    • (a) that any building shown on the plan has not been erected, or that any other development work has not been carried out, to the extent necessary to enable all the boundaries of every unit and the common property shown on the plan to be physically measured:

    • (b) that any building on the land has been erected in such a place in relation to any boundary, or to a height, so as to contravene the requirements of the territorial authority's district plan unless the contravention is authorised by the territorial authority:

    • (c) that any building or any other part of the whole development contravenes the requirements of the territorial authority's district plan in any other manner to such an extent that alterations are required that may affect the location or the boundaries of any unit or of any part of the common property shown on the plan unless the contravention is authorised by the territorial authority.

    Compare: 1972 No 15 s 5A(1); 1979 No 37 s 6(3)