8 Subdivision of land to create unit title development

• (1) The registered proprietor of a parcel of land of any of the following kinds may subdivide that land to create a unit title development:

  • (a) an estate in fee simple in a parcel of land under the Land Transfer Act 1952:

  • (b) an estate as lessee under a memorandum of lease registered under that Act in respect of a parcel of land:

  • (c) an estate as lessee or licensee under a lease or licence from the Crown registered under that Act in respect of a parcel of land.

  (2) A parcel of land referred to in subsection (1) may be subdivided into—

  • (a) 2 or more principal units; and

  • (b) the number of accessory units (if any) as the registered proprietor may wish; and

  • (c) so much of the land as is not comprised in any unit (in this Act referred to as common property).

  (3) Nothing in this section permits the subdivision in accordance with this Act of a parcel of land that is subleasehold land.

  Compare: 1972 No 15 s 3(1)

9 Deposit of plan effects subdivision of land

• (1) The subdivision of land to provide for units is effected by the deposit under the Land Transfer Act 1952 of a plan specifying the units in their relation to a building or buildings (if any) already erected on the land.

  (2) An application to deposit the plan must be made in the prescribed form (if any) by the registered proprietor described in section 8(1).

  Compare: 1972 No 15 s 4(1)

14 Stratum estate created in unit

• The deposit of a unit plan creates in each principal unit and each accessory unit a stratum estate in freehold or a stratum estate in leasehold or licence, as the case may be, that comprises—

  • (a) the fee simple estate or, as the case may be, the estate as lessee or licensee in the unit determinable in accordance section 61 or subpart 2 of Part 4; and

  • (b) the beneficial interest in the fee simple estate or, as the case may be, the estate as lessee or licensee in the common property of the unit title development to which the owner of the unit is entitled under section 44(2); and

  • (c) the undivided share in the fee simple estate or, as the case may be, the estate as lessee or licensee in all the units to which the owner of the unit is contingently entitled under subpart 2 of Part 4.

  Compare: 1972 No 15 s 4(2)

15 Meaning of layered unit title development

• (1) A layered unit title development is a grouping of unit title developments in which—

  • (a) there is 1 head unit title development; and

  • (b) there is at least 1 subsidiary unit title development.

  (2) For the purpose of this Act, a reference to the base land in relation to a subsidiary unit title development means the land from which its head unit title development was subdivided.

  (3) Examples 2 and 3 in Schedule 1 are diagrammatical illustrations of examples of layered unit title developments.

16 Subdivision of principal unit into subsidiary unit title development

• (1) The owner of a principal unit may subdivide the principal unit in accordance with this Act to create a subsidiary unit title development.

  (1A) If a principal unit referred to in subsection (1) has an accessory unit and both units are included on the same computer register, both the principal unit and the whole accessory unit must be subdivided in accordance with this Act to create a single subsidiary unit title development.

  (1B) If an accessory unit is subdivided with a principal unit as described in subsection (1A), any reference applicable to the principal unit in this section or any other section of this Act also includes the accessory unit.

  (2) A principal unit referred to in subsection (1) may be subdivided into—

  • (a) 2 or more principal units; and

  • (b) the number of accessory units (if any) as the owner of the principal unit to be subdivided may wish; and

  • (c) so much of the principal unit as is not comprised in any new unit (in this Act referred to as common property).

  (3) A subdivision referred to in subsection (1) may be done only if the body corporate for the unit title development has, by special resolution, agreed to allow the subdivision.

  (5) Sections 192 to 195 (which provide for an objection process) apply to a resolution under this section.

17 Deposit of plan effects subdivision of principal unit

• (1) The subdivision of a principal unit to create a subsidiary unit title development is effected by the deposit under the Land Transfer Act 1952 of a unit plan—

  • (a) identifying the principal unit to be subdivided; and

  • (b) specifying the principal units, accessory units (if any), and common property making up the subsidiary unit title development in their relation to the building or buildings (if any) already erected on the principal unit to be subdivided; and

  • (c) showing the relationship of the proposed subsidiary unit title development to each unit title development in a layered unit title development of which it would, after the subdivision, be a part.

  (2) The application to deposit the plan must be made by the owner of the principal unit to be subdivided and be—

  • (a) in the prescribed form (if any); and

  • (b) accompanied by a copy of the resolution required by section 16(3).

  (3) Despite section 195, in relation to an application under subsection (2), the certificate required by section 195 must be lodged with the Registrar by the person making the application to deposit the plan.

19 Deposit of plan effects subdivision of subsidiary unit title development

• (1) The deposit of a unit plan for a subsidiary unit title development creates in each unit a stratum estate in freehold or a stratum estate in leasehold or licence, as the case may be, derived from the stratum estate in the principal unit subdivided to create the subsidiary unit title development.

  (1A) The stratum estate in each unit comprises—

  • (a) the fee simple estate or, as the case may be, the estate as lessee or licensee in the unit determinable in accordance with section 61 or subpart 2 of Part 4; and

  • (b) the beneficial interest in the fee simple estate or, as the case may be, the estate as lessee or licensee in the common property of the subsidiary unit title development, to which the owner of the unit is entitled under section 44(2); and

  • (c) the undivided share in the fee simple estate or, as the case may be, the estate as lessee or licensee in the principal unit subdivided to create the subsidiary unit title development, to which the owner of the unit is contingently entitled under subpart 2 of Part 4.

  (2) The principal unit subdivided to create the subsidiary unit title development remains a principal unit in its unit title development.

21 Subdivision may be done in stages

• (1) A subdivision of a parcel of land under subpart 1 or a subdivision of a principal unit under subpart 2 may be done in stages in accordance with this subpart.

  (2) Except as provided in this subpart or in any other provision of this Act, all of the provisions of this Act apply to a unit title development created in stages.

  Compare: 1979 No 37 s 3

22 Deposit of plans in stages to create unit title development

• (1) If land or a principal unit is to be subdivided in stages, this section and section 22A apply instead of sections 9(1) and 17(1)(b).

  (2) Subdivision in stages is effected by the successive deposit under the Land Transfer Act 1952 of—

  • (a) a proposed unit development plan and a first stage unit plan together; and

  • (b) 1 or more further stage unit plans (if any); and

  • (c) a complete unit plan.

  (3) In the case of subdivision under section 9 of land, the applications to deposit the plans must be made by the registered proprietor described in section 8(1) in the prescribed form (if any).

  (4) In the case of the subdivision of a principal unit to create a subsidiary unit title development, the applications to deposit the plans must be made by the owner of the principal unit to be subdivided in the prescribed form (if any).

22A Requirements for plans deposited in stages

• (1) A proposed unit development plan required by section 22(2) must specify all the units and the whole of the common property proposed to comprise the unit title development when it is completed.

  (2) A stage unit plan required by section 22(2) must specify—

  • (a) each unit and each part of the common property (if any) that has so far been completed to the extent necessary for the purposes of section 27C(2)(a) at the date of the deposit of the plan; and

  • (b) the balance as 1 or more future development units.

  (3) A complete unit plan required by section 22(2) must specify all the units and the whole of the common property comprising the development in relation to a building or buildings (if any) already erected on the land.

  (4) Every stage unit plan (except the first) and the complete unit plan relating to a development must be deposited in substitution for the stage unit plan previously deposited in respect of that development.

  (5) Subsection (3)(b) applies despite section 27C(2)(a).

  (6) No stage unit plan and no complete unit plan may be deposited unless the certificate given under section 27C(2)(a) includes a statement by the authorised officer of the territorial authority in whose district the land is situated that the plan is consistent with the relevant proposed unit development plan.

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

• For the purposes of section 27F(b) and (c), it is sufficient if every building and every other part of the whole development shown on a stage unit plan complies with the territorial authority’s district plan requirements applied at the date on which approval of the proposed unit development plan under section 223 of the Resource Management Act 1991 was given, even if, because of subsequent changes to the requirements, any building or other part of the development no longer complies with all the requirements.

  Compare: 1979 No 37 s 6(3)

25 Future development units

• (1) The deposit of the first stage unit plan under section 22(2)(a) has the effect of creating in each future development unit a stratum estate in freehold or a stratum estate in leasehold or a licence licence (as the case may be).

  (2) Those estates are made up of—

  • (a) the fee simple estate or the estate as lessee or licensee (as the case may be) in the unit, which determines,—

    • (i) on the deposit of a unit plan that specifies as other than a future development unit, that part of the base land or principal unit (as the case may be) that formerly made up the future development unit; or

    • (ii) on the cancellation of a stage unit plan, in accordance with subpart 2 of Part 4, on which the unit is shown as a future development unit:

  • (b) the undivided share in the fee simple estate or the estate as lessee or licensee (as the case may be) in all the units to which the owner of the unit is contingently entitled by virtue of subpart 2 of Part 4.

  Compare: 1979 No 37 s 8(1)

26 Application of Resource Management Act 1991 to staged development

• (1) Nothing in section 11 or Part 10 of the Resource Management Act 1991 applies to the deposit of a stage unit plan or a complete unit plan except for—

  • (a) the requirement to obtain a certificate under section 224(c) of that Act (as modified by section 27 of this Act) unless a certificate under section 224(c) has already been obtained for the proposed unit development plan; and

  • (b) the requirement to comply with section 224(e) of that Act.

  (2) Section 11 and Part 10 of the Resource Management Act 1991 apply to the deposit of a proposed unit development plan except for the requirement to obtain a certificate under section 224(c) of that Act if a certificate will be obtained for each stage unit plan and the complete unit plan in accordance with subsection (1).

  (3) For the avoidance of doubt, the certificate required to be obtained under section 224(c) of the Resource Management Act 1991 may be provided for either—

  • (a) the proposed unit development plan; or

  • (b) each stage unit plan and the complete unit plan.

  (4) The reference in section 224(c) of the Resource Management Act 1991 to a survey plan is, in respect of a staged unit plan or a complete unit plan, a reference to the proposed unit development plan to which the staged unit plan or complete unit plan relates.

  Compare: 1972 No 15 s 2A

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

• (1) Unless a condition of the subdivision consent for a stage unit plan or a complete unit plan requires otherwise, a certificate issued by a territorial authority under section 224(c) of the Resource Management Act 1991 for a stage unit plan or a complete unit plan may certify that—

  • (a) the conditions specified in the subdivision consent that are relevant to that stage of the subdivision consent have been complied with to the satisfaction of the territorial authority; or

  • (b) in respect of conditions that have not been complied with,—

    • (i) the conditions specified in the subdivision consent are not relevant to that stage and therefore do not need to be complied with; or

    • (ii) if the conditions specified in the subdivision consent that are relevant to that stage of the subdivision consent have not been complied with, the provisions of section 224(c)(i), (ii), and (iii) of the Resource Management Act 1991 continue to apply.

  (2) If subsection (1)(b)(ii) applies, a territorial authority may issue a certificate under section 224(c) of the Resource Management Act 1991.

  (3) Before issuing the certificate, the territorial authority must be satisfied that, in respect of any conditions not complied with, those conditions will be satisfied before or on certification of a later stage unit plan or complete unit plan, as the case may be, for the relevant subdivision consent.

27A Alteration of proposed unit development plan

• (1) Once a proposed unit development plan has been deposited it must not be altered except as provided in this section.

  (1) This section applies to any alteration to a proposed unit development plan other than one—

  • (a) required under section 46 or 47A; or

  • (b) required in relation to a redevelopment under any of sections 55 to 58.

  (2) The body corporate may, by special resolution, agree to make an application to deposit a substituted proposed unit development plan.

  (3) The body corporate must apply to the Registrar for the deposit of a new proposed unit development plan in substitution for the existing unit plan existing proposed unit development plan.

  (4) Sections 192 to 195 (which provide for an objection process) apply to a resolution under this section.

  (5) Before making the application to deposit the new plan, the body corporate must (in addition to complying with section 193(1))—

  • (a) serve a copy of the draft application on—

    • (i) every unit owner; and

    • (ii) every other person who has a registered interest in any unit or a caveat or notice of claim entered on the register over any unit; and

  • (b) if the existing unit plan relates to a stratum estate in leasehold or licence, obtain the written consent of the lessor or licensor to the redevelopment.

  (6) The new proposed unit development plan must—

  • (a) specify all the units and the whole of the common property proposed to comprise the unit title development; and

  • (b) in addition, show, to the satisfaction of the Registrar, the modifications to the unit plan being replaced.

  (7) Sections 27C(1)(d), (2)(b) and (c), and (3)(a) , as the case may require, and section 27E apply in respect of a substituted proposed unit development plan.

  (7) In addition to the provisions referred to in section 27B(2)(a), sections 27C(2)(a) and (b), and 27F to 27H apply in respect of a substituted proposed unit development plan.

  (8) In addition to the matters required to be included in the certificate referred to in section 195, the body corporate must also certify that any consent under subsection (5)(b) has been given.

  (9) The new plan must be deposited in accordance with section 39.

27B Application of this subpart

• (1) The whole of this subpart applies to a unit plan to be deposited under any of sections 9, 17, or 22 or subpart 3 of Part 4.

  (2) In relation to any unit plan other than one referred to in subsection (1),—

  • (a) sections 27C(2) 27C(2)(c), 27D(3), and 27E apply; and

  • (b) provisions of this subpart other than those referred to in paragraph (a) apply if expressly provided elsewhere in this Part.

27C Restrictions on deposit of unit plans

• (1) A unit plan for the subdivision of land must not be deposited—

  • (a) while the computer register to any land to which it relates is limited in any manner referred to in Part 12 of the Land Transfer Act 1952:

  • (b) while the land to which it relates is held in more than 1 computer register created under the Land Transfer Act 1952:

  • (c) unless the land to which it relates is the whole of the land in a computer register created under the Land Transfer Act 1952:

  • (d) unless the grantor of the lease or licence, if the land is held under a lease or licence, the registered owner of any mortgage, encumbrance, or charge affecting the land or any part of it, and every caveator whose caveat against the land was lodged with the Registrar before deposit of the plan, have consented in writing to its being deposited.

  (2) A unit plan for the subdivision of land or for the subdivision of a principal unit must not be deposited—

  • (a) unless a certificate in the prescribed form has been given in writing by an authorised officer of the territorial authority in whose district the land is situated to the effect that—

    • (i) every building (if any) shown on the plan has been erected, and all other development work has 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; and

    • (ii) every principal unit shown on the plan conforms to the definition of principal unit in section 5B:

  • (b) unless a certificate in the prescribed form has been given in writing by a registered valuer showing the ownership interest or proposed ownership interest fixed under section 28 for each of the units on the plan:

  • (c) until it has been approved in accordance with section 9 of the Cadastral Survey Act 2002.

  (3) In addition to the restrictions in subsection (2), a unit plan for the subdivision of a principal unit must not be deposited—

  • (a) unless the registered owner of any mortgage, encumbrance, or charge affecting the principal unit and every caveator whose caveat against the principal unit was lodged with the Registrar before deposit of the plan, have consented in writing to its being deposited:

  • (b) unless a certificate in the prescribed form has been given in writing by a registered valuer assessing the ownership interest of the principal unit being subdivided to create the subsidiary unit title development.

  Compare: 1972 No 15 s 5

27D Further provisions relating to restrictions on deposit of unit plans

• (1) Section 27C(1)(b) and (c) do not prevent the deposit of a plan in any case where 1 computer register may properly be created for the land to which the plan relates.

  (2) A consent for the purposes of section 27C(1)(d) or (3)(a) may be given by an agent duly authorised in writing by the grantor, owner, or caveator.

  (3) Approval in accordance with section 27C(2)(c) has effect to make the plan the property of the Crown.

27E Unit plan must comply with survey requirements

• A unit plan must comply with the provisions of rules made under section 49 of the Cadastral Survey Act 2002.

  Compare: 1972 No 15 s 4(1)

27F 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 27C(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)

27G Territorial authority cannot require alterations once certificate given

• (1) This section applies if—

  • (a) an authorised officer of a territorial authority has given a certificate in respect of any unit plan under section 27C(2)(a); and

  • (b) that plan has been deposited.

  (2) The territorial authority has no power to require any alteration to any building or any other part of the whole development that may affect the location or the boundaries of any unit or of any part of the common property shown on the plan.

  (3) The territorial authority may otherwise pursue any remedies it may have (including the prosecution of any person) in respect of any non-compliance with the provision of its district plan or the requirements of the Resource Management Act 1991.

  (4) Subsection (2) applies despite any enactment or rule of law to the contrary.

  Compare: 1972 No 15 s 5A(2)

27H Protection of territorial authority, etc, from liability for issuing of certificate

• No territorial authority, authorised officer of a territorial authority, member of a territorial authority, or employee or agent of a territorial authority, is subject to civil or criminal liability in respect of the giving of a certificate under section 27C(2)(a), unless the territorial authority or person has acted in bad faith.

  Compare: 1972 No 15 s 5A(3)

28 Ownership interest

• (1) Before a unit plan is deposited under section 9(1), 17(1), or 22(2)(a),—

  • (a) every principal unit and every accessory unit must be assigned an ownership interest; and

  • (b) every proposed principal unit and every proposed accessory unit must be assigned a proposed ownership interest.

  (2) The ownership interest or proposed ownership interest is fixed as follows:

  • (a) in the case of a unit plan deposited under section 9(1) or 17(1), the ownership interest is that fixed by a registered valuer on the basis of the relative value of the unit in relation to each of the other units and shown on any documentation required to be lodged with the unit plan:

  • (b) in the case of a stage unit plan or complete unit plan deposited under section 22(2), the ownership interest is that fixed by a registered valuer on the basis of the relative value of the unit in relation to each of the other units and shown on any documentation required to be lodged with the proposed unit development plan.

  (3) The ownership interest is used to determine a range of matters, including, but not limited to,—

  • (a) the beneficial interest of the owner of the principal unit in the common property:

  • (b) the share of the owner of the principal unit in the value of any buildings, fixtures, and other improvements in relation to leasehold land:

  • (c) the voting rights of the owner of the principal unit when a poll is requested under section 86:

  • (d) the share of the owner of the principal unit in the underlying fee simple in the land on the cancellation of the unit plan:

  • (e) the extent of the obligation of the owner of the principal unit in respect of contributions levied by the body corporate under section 106 in respect of any capital improvement fund:

  • (f) the rights of the owner of the principal unit in relation to a distribution of any surplus money of a capital improvement fund under section 115:

  • (g) the extent of the obligation of the owner of the principal unit for payment of ground rental under section 74:

  • (h) the extent of the liability of the owner of the principal unit for damages and costs under section 126.

  (4) The proposed ownership interest for a future development unit is the total of all the proposed ownership interests of the proposed principal units and proposed accessory unit units in the future development unit assigned under subsection (1)(b).

  (4A) The proposed ownership interest is used to determine the same range of matters described in subsection (3) in so far as they apply to an owner of a future development unit.

  (5) Subject to sections 31 and 57(3) 57(2), no change may be made in the ownership interest of any unit after the unit plan is deposited.

29 Utility interest (other than for future development units)

• (1) Before a unit plan is deposited under section 9(1), 17(1), or 22(2)(a), every principal unit and every accessory unit must be assigned a utility interest.

  (2) The utility interest is the same as the ownership interest fixed under section 28(2) unless otherwise shown on any documentation required to be lodged with the unit plan deposited under section 9(1), 17(1), or 22(2)(a) or reassessed under section 31.

  (3) The utility interest is used to determine a range of matters including, but not limited to,—

  • (a) the extent of the obligation of the owner of the principal unit in respect of contributions levied by the body corporate under section 106 in respect of the long-term maintenance fund, the optional contingency fund, and the operating account:

  • (b) the rights of the owner of the principal unit in relation to a distribution of any surplus money in the long-term maintenance fund, the optional contingency fund, or the operating account, or personal property of the body corporate under section 115.

30 Utility interest for future development unit

• (1) As soon as a future development unit is in use as a place of residence or business or otherwise it must be assigned a deemed utility interest.

  (2) The deemed utility interest is—

  • (a) the total of all the proposed ownership interests of the proposed principal units and proposed accessory units in the future development unit assigned under section 28; or

  • (b) an amount fixed by the body corporate by special resolution at a general meeting under section 31.

  (3) The deemed utility interest is used to determine the extent of the future development unit’s owner’s obligations in respect of contributions relating to the funds levied by the body corporate under section 106.

31 Reassessment of ownership interest and utility interest

• (1) The ownership interest or utility interest may be reassessed for each unit if the body corporate decides by special resolution at a general meeting to reassess the ownership interest or the utility interest, or both.

  (2) If a unit plan is deposited for the subdivision of a unit to create a subsidiary unit title development, the ownership interest and utility interest for the principal unit that has been subdivided must be reassessed by the body corporate.

  (3) A decision by the body corporate to reassess the ownership interest or the utility interest under subsection (1) may only be made if 36 months or more have elapsed since the deposit of the plan or the last reassessment of the ownership interest or the utility interest, as the case may be under subsection (1).

  (4) A reassessment under subsection (1) takes effect on the earlier of—

  • (a) the date determined as part of the special resolution under subsection (1); or

  • (b) the date of reassessment.

  (5) Any reassessment of—

  • (a) the ownership interest of a unit must be made by a registered valuer on the basis of the relative value of each of the units to each other:

  • (b) the utility interest may be made by the body corporate on a fair and equitable basis, having regard to the relevant benefits and the costs to units.

  (5A) If, as a result of a reassessment, a utility interest is to be assigned other than on the basis of the relative value of the unit in relation to each other unit, the body corporate must, by special resolution, approve the method of apportionment of the utility interest.

  (5B) Sections 192 to 195 (which provide for an objection process) apply to a resolution made in accordance with subsection (5A).

  (6) Any costs incurred in the reassessment must be paid for by the body corporate.

  (7) In this section and section 32,—

  • (a) a reference to ownership interest includes any proposed ownership interest (of a future development unit); and

  • (b) a reference to utility interest includes any deemed utility interest of a future development unit.

32 Registrar to be notified of reassessment

• (1) The body corporate must notify the Registrar in the prescribed form (if any) of any reassessment of the ownership interest or the utility interest under section 31.

  (2) The Registrar must record any reassessment of the ownership interest or the utility interest.

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

• (1) On the deposit of a unit plan for the subdivision of land, the Registrar must—

  • (a) create a computer register in the name of the registered proprietor (and not the body corporate) of the base land, for the stratum estate in all of the units shown on the unit plan; and

  • (b) cancel the existing computer register (if any) for the base land; and

  • (c) in a case where the unit plan relates to an estate as lessee or licensee under a registered lease or licence of any land, note an appropriate memorial on the computer register for the leasehold or licence estate.

  (2) Despite subsection (1)(a), the Registrar must, at the request of the registered proprietor, create a separate computer register for any principal unit or future development unit.

  (3) A computer register created under subsection (2) may also include 1 or more accessory units.

  Compare: 1972 No 15 s 8

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

• (1) On the deposit of a unit plan for the subdivision of a principal unit, the Registrar must—

  • (a) create a computer register in the name of the owner of the principal unit that has been subdivided for the stratum estate in all of the units in the subsidiary unit title development; and

  • (b) cancel the existing computer register (if any) for the principal unit.

  (2) Despite subsection (1)(a), the Registrar must, at the request of the owner of the principal unit that has been subdivided, create a separate computer register for any principal unit in the subsidiary unit title development.

  (3) A computer register created under subsection (2) may include 1 or more accessory units.

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

• Despite section 95 of the Land Transfer Act 1952, no separate computer register may be created under that Act for—

  • (a) the fee simple estate or, as the case may be, the interest as lessee or licensee in the base land or any part of the base land; or

  • (b) the stratum estate in a principal unit that has been subdivided to create a subsidiary unit title development; or

  • (c) any component part of a stratum estate as described in sections 14 and 19(1A).

  Compare: 1972 No 15 s 4(4)

36 No computer register to be created for common property

• No computer register may be created in respect of common property.

  Compare: 1972 No 15 s 4(4)

37 Supplementary record sheets

• On the deposit of a unit plan under subpart 1 or 2, or section 22(2)(a), the Registrar must set up a supplementary record sheet on which the Registrar must note—

  • (a) that the body corporate owns the common property; and

  • (b) that the owners of all the units are beneficially entitled to the common property as tenants in common in shares proportional to the ownership interest (or proposed ownership interest) in respect of their respective units; and

  • (c) appropriate memorials relating to—

    • (i) all instruments that are registered and that affect the whole or any part of the base land and the common property (independently of the units) to which the unit plan relates; and

    • (ii) all other matters that, in accordance with this Act, the regulations, and any other Act, have to be noted on the supplementary record sheet.

  Compare: 1972 No 15 s 20(1), (2)

38 Noting of subsidiary unit title development

• On the deposit of a unit plan for the subdivision of a principal unit under subpart 2 or section 22(2)(a), the Registrar must—

  • (a) note the subsidiary unit title development on the supplementary record sheet for each unit title development in the layered unit title development of which it is a part; and

  • (b) note on the relevant supplementary record sheet the ownership interest of the principal unit that was subdivided to create the subsidiary unit title development, reassessed as required by section 27C(3)(b).

39 New unit plans

• In any case where, under any of the provisions of section 27A, 46, 47A, or 56, a new unit plan is deposited under the Land Transfer Act 1952,—

  • (a) the plan deposited must be noted so as to show clearly that it is in substitution for the earlier plan:

  • (b) where any unit is described in any computer register or in any other instrument in respect of any land, the reference must be read as a reference to the plan for the time being deposited in respect of that land.

  Compare: 1972 No 15 s 20(3), (4)(a)

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

• On the creation of a stratum estate in a unit,—

  • (a) that stratum estate may devolve or be transferred, leased, mortgaged, or settled:

  • (b) except as provided in this or any other Act, the component parts of the stratum estate are not capable of devolving or being dealt with independently of the others:

  • (c) the fee simple estate or, as the case may be, the interest as lessee or licensee in the base land, or any part of the base land, is not capable of devolving or being dealt with except as provided in this or any other Act.

  Compare: 1972 No 15 s 4(3)

41 Dealings with subsidiary unit title development

• On the creation of a stratum estate in a unit in a subsidiary unit title development, the principal unit that was subdivided to create the development is not capable of devolving or being dealt with except as provided in this or any other Act.

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

• A transfer, lease, mortgage, or settlement of a stratum estate in a unit has the same effect as if the stratum estate were an estate in fee simple in land or an interest in land under a lease or licence, as the case may be.

  Compare: 1972 No 15 s 4(3)

43 Independent dealings with accessory units restricted

• (1) Except where it is transferred to the owner of a principal unit shown on the same unit plan, no accessory unit or any interest in it may be sold, leased, mortgaged, or otherwise disposed of or dealt with except as part of a sale, lease, mortgage, disposition, or other dealing that includes a principal unit or a corresponding interest in a principal unit.

  (2) No computer register relating to an accessory unit may be created except as part of a computer register relating to a principal unit.

  (3) No principal unit that is for the time being included in the same computer register as an accessory unit (not being a computer register created under section 183(1)(b)) and no interest in that principal unit may be sold, leased, mortgaged, or otherwise disposed of or dealt with except—

  • (a) as part of a sale, lease, mortgage, disposition, or dealing that includes the accessory unit or a corresponding interest in the accessory unit, as the case may be; or

  • (b) if there is a concurrent sale of the accessory unit in accordance with subsection (1).

  (4) If an accessory unit is being transferred independently of a principal unit to a person who is the owner of a principal unit shown on the same unit plan, the instrument of transfer in respect of the accessory unit must contain a request to the Registrar for the accessory unit to be included in the computer register for the principal unit.

  (5) On the registration of the instrument of transfer referred to in subsection (4), the accessory unit becomes subject to all mortgages and charges and other registered interests or caveats or notices of claim to which the principal unit is subject.

  (6) If an accessory unit is for the time being included in the same computer register as a principal unit, the accessory unit must not be transferred apart from the principal unit while it remains subject to any mortgage, charge, or other registered interest other registered interest or caveat or notice of claim entered on the register.

  (7) Despite anything to the contrary in the Land Transfer Act 1952, any purported sale, lease, mortgage, disposition, or dealing with any unit in contravention of subsection (1) or (3) is void.

  (8) Nothing in subsection (7) affects the devolution of any unit on the death of the owner of the unit to the administrator of that owner.

  Compare: 1972 No 15 s 10

44 Ownership of common property

• (1) The common property is owned by the body corporate.

  (2) The owners of all the units are beneficially entitled to the common property as tenants in common in shares proportional to the ownership interest (or proposed ownership interest) in respect of their respective units.

  (3) Nothing in subsection (2) affects the interests among themselves of the owners of an individual unit.

44A Access lots

• (1) This section applies if—

  • (a) the base land to which a unit plan relates has an access lot to or from it; and

  • (b) the whole or a share of the access lot is owned by the person who is, immediately before the unit plan is deposited, the registered proprietor of the base land.

  (2) On the deposit of the unit plan, the access lot, or share of the access lot, owned by the registered proprietor of the base land becomes part of the common property.

45 Sale, lease, or licence of common property

• (1) The body corporate may, after a special resolution to do so, grant a lease or licence over part of the common property.

  (2) Before granting a lease or licence over part of the common property, a subsidiary body corporate must obtain the consent to the dealing by special resolution from—

  • (a) the body corporate for its parent unit title development; and

  • (b) the body corporate for any unit title development located between the subsidiary unit title development and its head unit title development; and

  • (c) the body corporate for its head unit title development.

  (3) A body corporate, other than a subsidiary body corporate, may, after a special resolution to do so, sell part of the common property.

  (4) Sections 192 to 195 (which provide for an objection process) apply to a resolution under this section.

  (5) In addition to the matters required to be included in the certificate referred to in section 195, the body corporate must also certify that the consents required under subsection (2) have been given.

  (6) Unless the body corporate resolves otherwise, any proceeds obtained by the body corporate as a result of any sale, lease, or licence of or over the common property must be distributed to the unit owners.

  (6A) Proceeds distributed to the unit owners under subsection (6) must be distributed in shares proportional to what was, at the time of the sale, lease, or licence, their ownership interest (including any proposed ownership interest).

  (7) Without limiting subsection (6), the body corporate may, with the consent of the owner of a principal unit, offset the payment to that owner against current or future levies payable in respect of that owner’s principal unit.

  (8) For the purposes of any sale of common property, the owner of a future development unit that is in use as a place of residence or business or otherwise, in whole or in part, is to be treated as a member of the body corporate.

46 Registration of transfers of common property

• (1) The instrument of transfer of the whole or any part or parts of the common property must, when lodged for registration, be accompanied by a new unit plan in substitution for the existing unit plan.

  (2) The requirements of subsection (1) are in addition to any plan that the Registrar may require to be deposited under section 167 of the Land Transfer Act 1952.

  (2A) If a unit plan referred to in this section includes a stage unit plan,—

  • (a) the reference to the unit plan includes both the stage unit plan and proposed unit development plan; and

  • (b) both plans must be prepared, approved, and deposited in accordance with this section.

  (3) The new unit plan must show the effect of the transfer to the satisfaction of the Registrar.

  (4) The Registrar must register any transfer to which subsection (1) refers by—

  • (a) noting a memorial of the transfer on the supplementary record sheet and any other appropriate record; and

  • (b) creating in the name of the transferee a computer register for the land transferred free from any incidental rights existing over the land under section 60.

  (5) Nothing in this section restricts section 37.

  Compare: 1972 No 15 s 18

47 Additions to common property

• (1) An interest in land outside the base land may be transferred to the body corporate (other than a subsidiary body corporate) and included in the common property if—

  • (a) the body corporate has by special resolution resolved to acquire the interest in land; and

  • (b) the interest in land is transferred free from any registered mortgage, encumbrance, charge, lease, or sublease; and

  • (c) either—

    • (i) in a case where a stratum estate in freehold exists in the units shown on the plan, the transfer is of an estate in fee simple in the land to which it relates; or

    • (ii) in a case where a stratum estate in leasehold or licence exists in the units shown on the plan, the transfer is of an estate as lessee or licensee in the land to which it relates under a lease or licence from the grantor of the lease or licence of the base land.

  (2) The lease or licence referred to in subsection (1)(c)(ii) must be a lease or licence for the same remaining period, on the same terms and conditions, and containing the same provisions as the current lease or licence of the base land.

  (3) Sections 192 to 195 (which provide for an objection process) apply to a resolution under this section.

  (4) For the purpose of this section, the owner of a future development unit that is in use as a place of residence or business or otherwise, in whole or in part, is to be treated as a member of the body corporate.

47A Registration of additions to common property

• (1) Every instrument of transfer to which section 47 relates must, when lodged for registration, be accompanied by a new unit plan in substitution for the existing unit plan.

  (1A) If a unit plan referred to in this section includes a stage unit plan,—

  • (a) the reference to the unit plan includes both the stage unit plan and proposed unit development plan; and

  • (b) both plans must be prepared, approved, and deposited in accordance with this section.

  (2) The new unit plan must show the effect of the transfer to the satisfaction of the Registrar.

  (3) The registration of a transfer under this section has the effect of including the transferred land as part of the common property.

  (4) The Registrar must register any transfer to which subsection (1) refers by—

  • (a) entering a memorial of the transfer on the relevant computer register; and

  • (b) noting a memorial of the transfer on the supplementary record sheet.

  (4A) The beneficial interest (under section 44(2)) in the land included as part of the common property pursuant to the transfer is deemed to be held by each unit owner—

  • (a) subject to the same terms, conditions, liabilities, and interests as those on or subject to which the owner held the unit immediately before the registration of the transfer; and

  • (b) subject to any instrument of mortgage, encumbrance, charge, lease, or sublease affecting the owner's unit as if the beneficial interest in the transferred land had been included in the instrument expressly.

  (5) Nothing in this section restricts section 37.

48 Existing easements and covenants affecting base land

• (1) The deposit of a unit plan has no effect on any easement or covenant to which the base land is subject or on any easement or covenant that is appurtenant to the base land.

  (2) Despite section 67 of the Land Transfer Act 1952, the Registrar must require any easements and covenants referred to in subsection (1) to be recorded (by diagram, words, or otherwise) on the supplementary record sheet, and must not note them on any computer register created under section 33.

  (3) If there is a layered unit title development on the base land, the supplementary record sheet referred to in subsection (2) is that for the head unit title development and any subsidiary unit title development affected by the easement.

  Compare: 1972 No 15 s 7

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

• (1) The body corporate of a standard unit title development or the body corporate of a head unit title development may, after a special resolution to do so, vary, surrender, or assign any easement or vary or revoke any covenant to which section 48 applies.

  (2) For the purpose of sections 90 to 90F of the Land Transfer Act 1952, if the body corporate enters into an instrument described in subsection (1), the body corporate must be treated as the registered proprietor of the base land.

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

• (1) The body corporate may, after a special resolution to do so, over the whole or any part of the common property,—

  • (a) grant an easement in gross or for the benefit of any unit or any other land; or

  • (b) enter into a covenant for the benefit of any unit or any other land.

  (2) The body corporate may, after a special resolution to do so, over any unit or any land that is not common property,—

  • (a) acquire an easement for the benefit of the common property; or

  • (b) enter into a covenant for the benefit of common property.

  (3) The body corporate may, after a special resolution to do so, enter into a variation or surrender of—

  • (a) an easement or covenant over any unit or any land that is not common property for the benefit of the common property; or

  • (b) an easement or covenant over the common property for the benefit of any unit or any other land.

  (4) Before dealing with common property under subsection (1), (2), or (3), a subsidiary body corporate must obtain the consent to the dealing by special resolution from—

  • (a) the body corporate for its parent unit title development; and

  • (b) the body corporate for any unit title development located between the subsidiary unit title development and its head unit title development; and

  • (c) the body corporate for its head unit title development.

  (5) Sections 192 to 195 (which provide for an objection process) apply to a resolution under this section.

  (6) In addition to the matters required to be included in the certificate referred to in section 195, the certificate must also certify that the consents required under subsection (4) have been given.

  (7) Unless the body corporate resolves otherwise, any proceeds obtained by the body corporate as a result of any dealing with common property under subsections (1), (2), and (3) must be distributed to the unit owners.

  (8) Proceeds distributed to the unit owners under subsection (7) must be distributed in shares proportional to what was, at the time of the dealing, their ownership interest (including any proposed ownership interest).

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

• (1) The owner of a unit may, for the benefit of the unit,—

  • (a) acquire an easement over other land; or

  • (b) acquire the benefit of a covenant over other land.

  (2) The owner of a unit may, for the benefit of other land,—

  • (a) grant an easement over the unit; or

  • (b) enter into a covenant over the unit.

  (2A) The owner of a unit may enter into a variation or surrender of—

  • (a) an easement or covenant over other land for the benefit of the unit; or

  • (b) an easement or covenant over the unit for the benefit of other land.

  (2B) Before any dealing with the unit under subsection (1), (2), or (2A), the body corporate must, by special resolution, have consented to the granting, acquiring, variation, or surrender of the easement or covenant.

  (3) Before giving its consent in accordance with subsection (2B), a subsidiary body corporate must obtain the consent by special resolution, and in writing, to the granting, acquiring, variation, or surrender of the easement or covenant from—

  • (a) the body corporate for its parent unit title development; and

  • (b) the body corporate for any unit title development located between the subsidiary unit title development and its head unit title development; and

  • (c) the body corporate for its head unit title development.

  (4) An application to register an instrument to give effect to any of the matters in subsections (1), (2), or (2A) must be accompanied by a certificate by the body corporate that the consent required under subsection (2B) has been given.

  (5) The certificate referred to in subsection (4) may be relied on by the Registrar as sufficient evidence of compliance with the matters set out in the certificate.

54A References to unit plan in relation to redevelopments

• If a unit plan referred to in sections 55 to 58 includes a stage unit plan,—

  • (a) the reference to the unit plan includes both the stage unit plan and proposed unit development plan; and

  • (b) both plans, or amendments to both plans, as the case may be, must be prepared, approved, and deposited in accordance with the applicable provisions of sections 55 to 58.

55 Redevelopment requiring amendment to unit plan

• (1) This section applies if the boundary between 1 or more units shown on a unit plan is adjusted but the adjustment does not materially affect—

  • (a) the common property; or

  • (b) the use, enjoyment, or ownership interest of any unit the boundary of which is not being adjusted.

  (1) This section applies if a redevelopment consists solely of the adjustment of the boundary between 1 or more units shown on a unit plan but the adjustment does not materially affect—

  • (a) the common property; or

  • (b) the use, enjoyment, or ownership interest of any unit the boundary of which is not being adjusted.

  (2) The owners of the units that will have their boundaries adjusted must, jointly, make an application to the Registrar for the deposit of an amendment to the unit plan.

  (2A) Sections 27C(2)(a) and (c), 27D(3), and 27E to 27H apply in respect of the deposit of the amendment to the unit plan under subsection (2).

  (3) Before making the application to deposit the amendment to the unit plan the unit owners in subsection (2) must obtain a certificate from the body corporate that the redevelopment is of a kind described in subsection (1).

  (4) The unit owners in subsection (2) must, for the purposes of obtaining the certificate referred to in subsection (3), provide sufficient written information to the body corporate to fully inform it of the nature of the redevelopment.

55A Requirements for amendment to unit plan under section 55

• The amendment to the unit plan required by section 55 must—

  • (a) define the boundaries of the enlarged or reduced units; and

  • (b) show any enlarged or reduced unit marked with numbers or letters not already used on the unit plan; and

  • (c) specify which of the enlarged units and reduced units are principal units and which are accessory units; and

  • (d) comply with the provisions of rules made under section 49 of the Cadastral Survey Act 2002.

55B Deposit of amendment to unit plan

• (1) The application to deposit the amendment to the unit plan required by section 55 must be in the prescribed form (if any) and be accompanied by—

  • (a) the certificate described in section 55(3); and

  • (b) a certificate from a registered valuer—

    • (i) determining the ownership interest of any enlarged or reduced unit; and

    • (ii) stating that the amendment to the unit plan does not affect the ownership interest of any unit the boundary of which is not being adjusted.

  (2) The certificate referred to in subsection (1)(a) may be relied on by the Registrar as sufficient evidence of the matters set out in it.

  (3) On the deposit of the amendment to the unit plan and the registration of any transfers or other instruments, the Registrar must—

  • (a) cancel the existing computer registers for the units affected by the amended boundaries; and

  • (b) create separate computer registers in accordance with the amendment to the unit plan for the units affected by the amended boundaries; and

  • (c) enter a reference to the amended unit plan on the supplementary record sheet.

56 Redevelopment requiring new unit plan

• (1) This section applies to any redevelopment other than one to which section 55 applies.

  (2) The body corporate must apply to the Registrar for the deposit of a new unit plan in substitution for the existing unit plan.

  (3) Before making the application to deposit the new unit plan, the body corporate must—

  • (a) ensure that all of the owners of the units materially affected by the redevelopment have consented in writing to the new unit plan; and

  • (ab) if the existing unit plan relates to a stratum estate in leasehold or licence, obtain the written consent of the lessor or licensor to the redevelopment; and

  • (b) agree, by special resolution, to the new unit plan.

  (4) For the purpose of this section, an owner of a future development unit that is in use as a place of residence or business or otherwise, in whole or in part, as a principal unit is to be treated as a member of the body corporate.

  (5) Sections 192 to 195 (which provide for an objection process) apply to a resolution under this section.

  Compare: 1972 No 15 s 44(1)

57 Requirements for new unit plan under section 56

• (1) A new unit plan required under section 56 must specify the units and common property making up the unit title development and must, in addition,—

  • (a) define the boundaries of the new units or the enlarged or reduced units:

  • (b) show all new units and any enlarged or reduced units marked with numbers or letters not already used on the existing unit plan:

  • (c) specify which of the new units, enlarged units, and reduced units are principal units and which are accessory units.

  (1A) Section 27C(1)(d), (2)(a), (2)(c), and (3)(a), as the case may require, and sections 27D to 27H apply in respect of the new plan.

  (1A) In addition to the provisions referred to in section 27B(2)(a), sections 27C(2)(a) and 27F to 27H apply in respect of a new plan.

  (2) The application to deposit the plan must be accompanied by a certificate from a registered valuer—

  • (a) in the case of a subdivision into 2 or more new units, enlarged units, or reduced units, showing the ownership interest of the former unit or units included in the redevelopment apportioned among the new units; and

  • (b) in the case where a redevelopment involves the inclusion in a unit of part of the common property, the transfer into the common property of a unit or part of a unit, or the erection of 1 or more units on the common property, reassessing the ownership interests of all units in the unit title development.

  (4) The valuer who reassesses the ownership interest under subsection (2)(b) must assign to every unit a new ownership interest on the basis of the relative value of the unit in relation to each other unit at the date on which the reassessment is made.

  (6) Despite subsection (4), the registered valuer may, in his or her discretion, reassess the ownership interests at the same values as the current ownership interests in any case where the valuer considers that the redevelopment is of a relatively minor nature.

  (7) In addition to the matters required to be included in the certificate referred to in section 195, the body corporate must also certify that the consents required under section 56(3)(a) and (ab) have been given.

  Compare: 1972 No 15 s 44(2), (3)

57A Reassessment of utility interests

• (1) This section applies if, immediately before a redevelopment to which sections 56 and 57 relate, the utility interest of any unit was different to its ownership interest because the utility interest had been reassessed under section 31.

  (2) The body corporate must—

  • (a) reassess the utility interest of the unit in accordance with the requirements of section 31; and

  • (b) notify the Registrar under section 32.

58 Deposit of new plan for redevelopment

• (1) The new unit plan required under section 56 must be deposited in accordance with section 39.

  (2) On the deposit of the new unit plan and the registration of any necessary transfers or other instruments, the Registrar must—

  • (a) cancel the existing computer registers to the units affected by the redevelopment; and

  • (b) create separate computer registers in accordance with the new unit plan for the units affected by the redevelopment.

  Compare: 1972 No 15 s 44(5)

59 Application of Land Transfer Act 1952 to stratum estates

• Except as otherwise provided in this Act and subject to any necessary modifications, the provisions of the Land Transfer Act 1952 apply to every stratum estate in freehold and stratum estate in leasehold or licence and to every dealing with any instrument affecting any such estate.

  Compare: 1972 No 15 s 4(6)

60 Incidental rights

• (1) The common property and each unit on a unit plan has appurtenant to it the following rights to the base land over the base land to the extent necessary for the reasonable use and enjoyment of the common property or unit:

  • (a) rights of support, shelter, and protection; and

  • (b) rights for the passage or provision of water, sewerage, drainage, gas, electricity, oil, garbage, air, all telecommunications and electronic services, and all other services of any nature.

  (2) The common property and each unit on a unit plan has appurtenant to it the following rights over the base land:

  • (a) a right to the full, free, and uninterrupted access and use of light to or for any windows, doors, or other apertures existing at the date of deposit of the plan and enjoyed at that date; and

  • (b) a right to maintain overhanging eaves existing at the date of deposit of the plan.

  (3) The rights created by this section carry with them all ancillary rights and responsibilities necessary to make them effective as if they were easements.

  (4) Nothing in this section affects any land other than the base land.

  Compare: 1972 No 15 s 11

61 Scheme following destruction or damage

• (1) This section applies if any building or other improvement comprised in any unit or on the base land is damaged or destroyed, but the unit plan is not cancelled.

  (2) The High Court may, by order, settle a scheme on the application of—

  • (a) the body corporate; or

  • (b) if the unit title development is in a layered unit title development, the body corporate of the head unit title development or any subsidiary unit title development in that layered unit title development; or

  • (c) an administrator; or

  • (d) the owner or one of the owners of a unit; or

  • (e) a registered mortgagee of a unit.

  (3) A scheme under subsection (2) may include provisions—

  • (a) for the reinstatement in whole or in part of the building or other improvement; or

  • (b) for the transfer of units to the body corporate so as to form part of the common property.

  (4) If an order is made under subsection (3)(b), section 47(3) to (10) sections 47(1)(c) and 47A applies apply to the transfer, so far as applicable, but subject to any order of the High Court to the contrary.

  (5) A notice of any application made under subsection (2) must be lodged with the Registrar who must enter on the supplementary record sheet a notification that the application has been made.

  (6) On any application to the High Court under subsection (2), the following persons have the right to appear and be heard:

  • (a) any person having or claiming to have any estate or interest in any unit or in the whole or part of the base land; or

  • (b) any insurer who has effected insurance on the buildings or other improvements comprised in any unit or in the whole or part of the base land.

  (7) In the exercise of its powers under subsections (2) and (3), the High Court may make any orders that it considers expedient or necessary for giving effect to the scheme, including orders—

  • (a) directing the application of any insurance money; or

  • (b) directing payment of money by or to the body corporate or by or to any person; or

  • (c) directing the deposit of an appropriate new unit plan; or

  • (d) imposing any terms and conditions that it thinks fit.

  (8) The High Court may cancel, vary, modify, or discharge any order made by it under this section.

  (9) The High Court may make any order for payment of costs that it thinks fit.

  Compare: 1972 No 15 s 48

62 Creation of body corporate

• (1) When a unit plan is deposited under section 9 (and in the case of a staged development, when the first stage unit plan is deposited under section 22), a body corporate is created and is the body corporate for the unit title development created by the deposit of that unit plan.

  (2) When a unit plan is deposited under section 17 (and in the case of a staged development, when the first stage unit plan is deposited under section 22), a subsidiary body corporate is created and is the body corporate for the subsidiary unit title development created by the deposit of that unit plan.

  (3) The name of the body corporate for a unit plan is the words “Body Corporate Number” and the registered number of the unit plan.

63 Members of body corporate

• (1) The members of a body corporate for a unit plan are the unit owners of all the units in the unit plan.

  (2) Despite subsection (1), and except as provided in sections 45, 47, 56, 91(6), 106(4), 108, 154, and 173, the owner for the time being of a stratum estate in a future development unit is not a member of the relevant body corporate created by section 62.

64 Core things body corporate may do

• (1) A body corporate may do anything authorised by this Act or any other Act.

  (2) A body corporate may do anything a natural person of full age and capacity may do except as provided for in this Act or any other Act.

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

• A body corporate may do an act under section 64 only for the purpose of performing its duties or exercising its powers.

67 Rights of owners of principal units

• An owner of a principal unit—

  • (a) has all the rights derived from being registered as the owner of the stratum estate in a unit under this Act:

  • (b) holds a share in the common property in accordance with section 44(2):

  • (c) is entitled as a body corporate member to exercise a vote in respect of his or her unit, subject to section 83 and any other requirements in the regulations:

  • (d) is entitled to have quiet enjoyment of his or her unit without interruption by other unit owners or occupiers, or the body corporate or its agents, except as authorised by this Act or the regulations:

  • (e) subject to section 68(1)(f) and (g), may make any alterations, additions, or improvements to his or her unit so long as these are within the unit boundary and do not materially affect any other unit or common property:

  • (f) has the right to have any dispute resolved in the manner set out in subpart 1 of Part 4:

  • (g) has the right to enforce the body corporate operational rules:

  • (h) has the right to attend the general meetings of the body corporate.

68 Responsibilities of owners of principal units

• (1) An owner of a principal unit—

  • (a) must permit the body corporate (or its agents) to enter the unit at any time in an emergency and at all reasonable hours, and after giving reasonable notice, for any of the following purposes:

    • (i) to view the condition of the unit for the purpose of ascertaining compliance with the principal unit owners’ or occupiers’ obligations under this Act:

    • (ii) to maintain, repair, or renew any infrastructure for services and utilities that serve more than 1 unit and any building elements that affect more than 1 unit or the common property, or both:

    • (iii) to maintain, repair, or renew any common property:

    • (iv) to ensure the body corporate operational rules are being complied with:

  • (ab) must do all things necessary to give effect to decisions of the body corporate:

  • (ac) must consult with his or her mortgagee, if required to do so, before exercising a vote under section 84 or 85:

  • (b) must comply with all laws and legal requirements relating to the use, occupation, or enjoyment of the unit:

  • (c) must carry out, without delay, all work that may be ordered by a territorial authority or public body in respect of the unit to the satisfaction of that authority or body:

  • (d) must pay all rates, taxes, charges, body corporate levies, and other outgoings that are from time to time payable in respect of the unit:

  • (e) must repair and maintain the unit and keep it in good order to ensure that no damage or harm, whether physical, economic, or otherwise, is, or has the potential to be, caused to the common property, any building element, any infrastructure, or any other unit in the building:

  • (f) must notify the body corporate of his or her intention to carry out any additions or structural alterations before the commencement of any work:

  • (g) must not make any additions or structural alterations to the unit that materially affect any other unit or the common property without the written consent of the body corporate:

  • (h) must comply with the body corporate operational rules:

  • (i) must not do anything that breaches or in any way undermines any policy of insurance in the name of the body corporate.

  (2) For the purpose of subsection (1), an owner of a future development unit that is in use as a place of residence or business or otherwise, in whole or in part, is to be treated as an owner of a principal unit.

  (3) For the purposes of subsection (1)(a) and (g)—

  • (a) a subsidiary body corporate is to be treated as the unit owner of the principal unit that was subdivided to create the subsidiary unit title development; and

  • (b) a reference to a unit includes any unit in the subsidiary unit title development.

  (4) Subsection (1)(ab) does not affect the right of an owner to apply for minority relief under section 191 or to object to a designated resolution under sections 192 to 195.

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

• (1) This section applies to owners of units who lease or license their unit, and who are absent from New Zealand for longer than 3 consecutive weeks.

  (2) An owner of a unit to whom this section applies must—

  • (a) appoint a person in New Zealand to act as his or her agent unless the lease is in respect of a residential tenancy under the Residential Tenancies Act 1986 and an agent has already been appointed under that Act; and

  • (b) advise the body corporate of the agent’s name, address for service, and contact details.

  (3) A person appointed as an agent under subsection (2) or the Residential Tenancies Act 1986 has the power to enforce the body corporate operational rules.

  (4) If an owner of a unit does not appoint an agent or the agent fails or refuses to enforce the body corporate operational rules, the body corporate may enforce those rules.

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

• (1) The subsidiary body corporate may only consent to additions or structural alterations under section 68(1)(g) to any principal unit in the subsidiary unit title development that materially affect any other unit in the parent unit title development or the common property of its parent unit title development if the subsidiary body corporate has obtained the written consent of—

  • (a) the body corporate for each unit title development located between it and its head unit title development; and

  • (b) the body corporate for its head unit title development.

  (2) A parent body corporate or the head body corporate must not unreasonably withhold consent under subsection (1) and may not withhold consent unless the proposed addition or structural alteration changes the boundaries of the subsidiary unit title development or has a material impact on the use or amenities of the parent unit title development or head unit title development.

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

• (1) This section applies to the owner of a principal unit in a subsidiary unit title development.

  (2) The owner of the principal unit has the same rights relating to access and enjoyment of the common property of the following unit title developments as if the owner of the principal unit were the owner of a principal unit in that unit title development:

  • (a) the parent unit title development of the subsidiary unit title development:

  • (b) any other parent unit title development located between the subsidiary unit title development and its head unit title development:

  • (c) the head unit title development.

  (3) The owner of the principal unit must comply with the body corporate operational rules of the following unit title developments in addition to the body corporate operational rules of the subsidiary unit title development:

  • (a) the parent unit title development of the subsidiary unit title development:

  • (b) any other parent unit title development located between the subsidiary unit title development and its head unit title development:

  • (c) the head unit title development.

72 Powers and duties of body corporate

• (1) The body corporate has the powers and duties set out in—

  • (a) sections 28 to 32 (which relate to the fixing and reassessment of the ownership interest and the utility interest):

  • (b) section 69 (which permits the body corporate to act as an agent for the unit owners who lease or licence their principal unit and are absent for the purpose of enforcing the body corporate operational rules):

  • (c) section 73 (which requires the body corporate to keep and maintain a register of all the owners of principal units and accessory units on the plan):

  • (ca) section 73A (which relates to the body corporate's power to sign documents on behalf of owner):

  • (d) section 74 (which requires the payment of ground rental to a lessor):

  • (e) section 77 (which relates to the calling of general meetings):

  • (f) section 91(5) (which requires the body corporate to comply with the body corporate operational rules):

  • (g) section 93 (which is the general power of delegation):

  • (h) sections 100 and 102 to 105 (which relate to the establishment and maintenance of the funds):

  • (i) section 101 (which requires the body corporate to establish and maintain a long-term maintenance plan):

  • (j) section 106 (which relates to the raising of amounts for each fund and the imposition of levies on the unit owners to establish and maintain each fund):

  • (k) sections 114 and 115 (which relates to the spending, borrowing, and investing of money and the distribution of surplus money and property):

  • (l) section 116 (which relates to the keeping of accounting records and submission of its yearly financial statements to an independent auditor):

  • (m) section 119 (which relates to insurance of the buildings and other improvements on the land):

  • (n) section 120(4) (which relates to the application of insurance moneys in or towards reinstatement of the development):

  • (o) section 122 (which relates to repair and maintenance of the common property, assets designed for use in connection with the common property, infrastructure, and building elements and access for those purposes):

  • (p) section 189 (which relates to the provision of records and documents on request from a unit owner):

  • (q) any other provisions of this Act, any other Act, or the regulations that confer powers or duties on the body corporate and subject to any limitations to those powers and duties in this Act, any other Act, or the regulations.

  (2) Except as expressly provided in this Act, the body corporate does not have any duties in respect of a future development unit that comprises part of the unit title development.

73 Register of unit owners

• (1) A body corporate must keep and maintain a register of all owners of principal units and accessory units on the unit plan in accordance with the regulations.

  (2) The owner of a principal unit must notify the body corporate in writing of any changes to the information held in the register that relates to his or her unit.

  (3) Despite anything in this Act, where the owner of a principal unit transfers his or her unit to any other person, until the body corporate is notified in writing of the transfer,—

  • (a) that owner of the principal unit remains liable to the body corporate for all contributions levied by the body corporate under section 106 for his or her unit:

  • (b) the transferee is only entitled to exercise the voting rights for the unit at a general meeting with the consent of the other owners of principal units who are present at the meeting.

  (4) Nothing in subsection (3)(a) restricts the right of the owner of the principal unit to recover any amounts from a transferee that the owner has paid in respect of contributions levied by the body corporate.

  Compare: 1972 No 15 s 54

73A Power of body corporate to sign document