Unit Titles (Strengthening Body Corporate Governance and Other Matters) Amendment Act 2022 Commencement Order 2022
Unit Titles (Strengthening Body Corporate Governance and Other Matters) Amendment Act 2022 Commencement Order 2022
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Unit Titles (Strengthening Body Corporate Governance and Other Matters) Amendment Act 2022 Commencement Order 2022
2022/281

Unit Titles (Strengthening Body Corporate Governance and Other Matters) Amendment Act 2022 Commencement Order 2022
Cindy Kiro, Governor-General
Order in Council
At Wellington this 25th day of October 2022
Present:
The Hon Grant Robertson presiding in Council
This order is made under section 2 of the Unit Titles (Strengthening Body Corporate Governance and Other Matters) Amendment Act 2022 on the advice and with the consent of the Executive Council.
Order
1 Title
This order is the Unit Titles (Strengthening Body Corporate Governance and Other Matters) Amendment Act 2022 Commencement Order 2022.
2 Commencement of certain provisions of Unit Titles (Strengthening Body Corporate Governance and Other Matters) Amendment Act 2022
(1)
Sections 12, 16, and 54(2) of the Unit Titles (Strengthening Body Corporate Governance and Other Matters) Amendment Act 2022 come into force on 9 December 2022.
(2)
The rest of the Unit Titles (Strengthening Body Corporate Governance and Other Matters) Amendment Act 2022 comes into force on 9 May 2023, except for the following provisions:
(a)
(b)
(c)
sections 23 and 24:
(d)
(e)
(f)
section 34 (in respect of new section 157C):
(h)
sections 37 to 41:
(i)
(j)
section 57 (in respect of new regulation 28C):
(k)
sections 58 and 59.
Rachel Hayward,
Acting Clerk of the Executive Council.
Explanatory note
This note is not part of the order, but is intended to indicate its general effect.
This order brings into force certain provisions of the Unit Titles (Strengthening Body Corporate Governance and Other Matters) Amendment Act 2022 (the amendment Act). The amendment Act makes changes to the Unit Titles Act 2010 (the principal Act), and is directed at improving (among other things)—
the information disclosure regime for prospective buyers of units:
governance arrangements for body corporates:
performance standards for body corporate managers:
the planning and funding process for long-term maintenance projects.
Provisions that come into force on 9 December 2022
Sections 12, 16, and 54(2) of the amendment Act will come into force on 9 December 2022. All 3 provisions relate to remote attendance at meetings.
Section 12 amends section 88 of the principal Act to provide that body corporate members may attend and vote at a general meeting (and members of a body corporate committee may attend and vote at a committee meeting) by audio link, audiovisual link, or other remote access facility, despite any limitation or condition on the use of that technology in the body corporate’s rules. This makes permanent a change that was made on a temporary basis in response to COVID-19 (that is, it replicates the effect of existing section 88(3) of the principal Act, which along with subsections (4) and (5) will be automatically repealed 12 weeks after the Epidemic Preparedness (COVID-19) Notice 2020 expires or is revoked).
Section 16 amends section 102 of the principal Act. It clarifies that a person can exercise the right to vote at a general meeting by being present in person or by audio link, audiovisual link, or other remote access facility.
Section 54(2) amends regulation 27 of the Unit Titles Regulations 2011. It provides that body corporate committee meetings may be conducted by audio link, audiovisual link, or other remote access facility.
Provisions that come into force on 9 May 2023
The remainder of the amendment Act will come into force on 9 May 2023, except for the provisions listed in clause 2(2). Those provisions will come into force a year later (see below).
Provisions that come into force on 9 May 2024
The remaining provisions of the amendment Act (that is, the provisions listed in clause 2(2)) will be last to come into force, and will do so automatically on 9 May 2024.
Issued under the authority of the Legislation Act 2019.
Date of notification in Gazette: 27 October 2022.
This order is administered by the Ministry of Housing and Urban Development.
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Unit Titles (Strengthening Body Corporate Governance and Other Matters) Amendment Act 2022 Commencement Order 2022
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