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Category: Resource Management

  • Leases and Licences over Common Property

    5 March 2018

    A body corporate can lease or licence all or part(s) of the common property to an owner, occupier, or third party for their personal use under section 56 of the Unit Titles Act 2010 (“UTA”). The lease or licence of common property may be granted for any number of purposes, the most common being car parking, storage, signage, or outdoor seating.The legal process for granting a lease or licence over the common property is set out in section 56 of ...

  • Land Development - Removal of Redundant Interests

    5 October 2017

    A hot topic, at the moment, in land development is the creation of affordable housing. Affordable housing is a goal that many seek to achieve through cheaper construction methods, cheaper sales methods, and increasing the speed and efficiency of the build itself. But at the outset of a development even as early as the master planning phase, the removal of redundant easements and land covenants on the title can have a significant downstream effect in terms of lessening costs and ...

  • Resource Management Act – Version 22

    14 June 2017

    The Resource Legislation Amendment Act 2017 came into force on 18 April 2017. It introduces further changes to the Resource Management Act 1991 (“RMA”) and makes amendments to the Reserves Act 1977, the Public Works Act 1981, the Conservation Act 1987, and the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012. Many changes came into effect on 19 April 2017, other changes will have effect from October 2017 and from 18 April 2022.The key changes to the RMA ...

  • Body Corporate Business Update June 2017

    1 June 2017

    Changes to the act and regulationThe Unit Titles Act 2010 (the “Act”) has been amended by Part 2 of the Regulatory Systems (Building and Housing) Amendment Act 2017. The changes, which are largely technical in nature, came into force on 30 May 2017.The majority of the changes are minor and relate to:grammar and style – through punctuation changes, simplified phrasing, and paragraph structures defined terms – through wording changes and new terminology inconsistencies – through being addressed More substantive changes relate to:calling extraordinary ...

  • Body Corporate Business Update April 2017

    1 April 2017

    Increased district court jurisdictionsLegislation to modernise New Zealand’s Courts has increased the civil jurisdiction of the District Court from $200,000 to $350,000.This means that the District Court now has jurisdiction to hear unit titles disputes where the order sought requires the payment of any sum, work to a value or other expenditure in excess of $50,000 but not more than $350,000 (see section 172(1), Unit Titles Act 2010).Consequently, without limiting its inherent jurisdiction, the High Court now has jurisdiction to ...

  • Body Corporate Business Update February 2017

    2 February 2017

    UTA ReviewThe Ministry of Business, Innovation and Employment’s review of the Unit Titles Act is now underway. MBIE is holding a series of workshops on the changes proposed in its discussion document in Christchurch, Wellington and Auckland in February. The workshop schedule and discussion document can be found here.Pay Now Argue LaterA recent decision of Muir J in Butcher v Body Corporate 342525 [2016] NZHC 3128, a decision in the long-running Bridgewater Apartments dispute, confirms that owners who do not ...