Unit Titles (Unit Title Disputes—Fees) Regulations 2011

Version as at 9 May 2023

Coat of Arms of New Zealand

Unit Titles (Unit Title Disputes—Fees) Regulations 2011

(SR 2011/123)

Anand Satyanand, Governor-General

Order in Council

At Wellington this 9th day of May 2011

Present:
His Excellency the Governor-General in Council

Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

These regulations are administered by the Ministry of Business, Innovation, and Employment.

Pursuant to section 217(n) of the Unit Titles Act 2010, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title

These regulations are the Unit Titles (Unit Title Disputes—Fees) Regulations 2011.

2 Commencement

These regulations come into force on 20 June 2011.

3 Interpretation

(1)

In these regulations, unless the context otherwise requires,—

2010 Act means the Unit Titles Act 2010

Tenancy Tribunal means a Tenancy Tribunal constituted by section 67 of the 1986 Act

unit title dispute has the meaning given to it by section 171(1) of the 2010 Act.

(2)

Any term that is defined in the 2010 Act and used, but not defined, in these regulations has the meaning given to it by that Act.

Regulation 3(1) category 1 proceedings: revoked, on 9 May 2023, by section 67 of the Unit Titles (Strengthening Body Corporate Governance and Other Matters) Amendment Act 2022 (2022 No 19).

Regulation 3(1) category 2 proceedings: revoked, on 9 May 2023, by section 67 of the Unit Titles (Strengthening Body Corporate Governance and Other Matters) Amendment Act 2022 (2022 No 19).

Regulation 3(1) chief executive: revoked, on 9 May 2023, by section 67 of the Unit Titles (Strengthening Body Corporate Governance and Other Matters) Amendment Act 2022 (2022 No 19).

4 Application of regulations

These regulations apply to proceedings for a unit title dispute.

5 Fees

(1)

The following fees are payable by the applicant for filing an application with the Tenancy Tribunal under section 86 of the 1986 Act in relation to a unit title dispute:

(a)

$250 for an application for a dispute to be referred to a Tenancy Mediator:

(b)

$500 for an application for a dispute to be referred to adjudication (whether directly or because 1 or more of the parties refuses to have the matter considered by a Tenancy Mediator).

(2)

If the fee payable under subclause (1)(a) has been paid and the dispute is then referred to adjudication, the fee payable under subclause (1)(b) is $250.

(3)

To avoid doubt, the maximum total fee payable for a dispute is $500.

Regulation 5: replaced, on 9 May 2023, by section 68 of the Unit Titles (Strengthening Body Corporate Governance and Other Matters) Amendment Act 2022 (2022 No 19).

6 Categorisation of proceedings
[Revoked]

Regulation 6: revoked, on 9 May 2023, by section 69 of the Unit Titles (Strengthening Body Corporate Governance and Other Matters) Amendment Act 2022 (2022 No 19).

7 Determining categorisation of proceedings
[Revoked]

Regulation 7: revoked, on 9 May 2023, by section 70 of the Unit Titles (Strengthening Body Corporate Governance and Other Matters) Amendment Act 2022 (2022 No 19).

Rebecca Kitteridge,
Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 12 May 2011.

Notes
1 General

This is a consolidation of the Unit Titles (Unit Title Disputes—Fees) Regulations 2011 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.

2 Legal status

A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.

Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.

3 Editorial and format changes

The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.

4 Amendments incorporated in this consolidation

Unit Titles (Strengthening Body Corporate Governance and Other Matters) Amendment Act 2022 (2022 No 19): Part 2 subpart 3