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Publication: Body Corporate Business

  • Planning and Unit Titles: Intensification in Auckland

    20 March 2019

    There is a close relationship between planning or resource management and unit titles law. The overlap between the two areas of law is, however, limited, and this may affect intensification in Auckland.In New Zealand, district plans made under the Resource Management Act 1991 define where and how unit title developments should be constructed. Unit titles law deals with matters of ownership and relationships between owners in completed developments.The primary planning framework for Auckland is the Auckland Unitary Plan: Operative in ...

  • Australian College of Strata Lawyers Comes to Auckland

    12 February 2019

    The Australian College of Strata Lawyers will be holding its 14th Annual ACSL Strata Law Conference in Auckland from 27 February to 1 March 2019. Vicki Toan and Philip Brown of Campbell Brown Planning Limited will be speaking on the topic of planning and strata law (unit titles law) and on intensification in Auckland.For more information see: https://acsl.net.au 

  • Body Corporate Fined for Wastewater Discharge

    12 February 2019

    Body Corporate 355972, the body corporate for a residential complex in Hamilton, has been fined $53,550 for discharging sewerage into the Kirikiriroa Stream in Waikato Regional Council v Body Corporate 355972 [2018] NZDC 23918.Body Corporate 355972 pleaded guilty to one charge of unlawfully discharging wastewater under the Resource Management Act 1991 after the complex’s private wastewater pumping station overflowed into the Kirikiriroa Stream (a tributary to the Waikato River).The wastewater pumping station serves 30 of the 107 dwellings in the ...

  • Land Transfer Act 2017

    5 December 2018

    The Land Transfer Act 2017 came into force on 12 November 2018. It repeals and replaces the Land Transfer Act 1952. The 2017 Act updates and modernises the earlier legislation.The key changes for bodies corporate and unit owners are:New terminology, “record of title” replaces certificate of title and computer unit title register unique identifier, “burdened land” and “benefitting land” replace servient tenement and dominant tenement respectively. This may affect some statutory forms in the Unit Titles Regulations 2017; and Amended identification ...

  • Do you have a Quorum?

    5 December 2018

    Who gets counted when establishing whether a general meeting has a quorum?This question was considered by the High Court in Singh v Body Corporate 207605 [2018] NZHC 2872. The case relates to an application for leave to appeal a decision relating to unpaid body corporate levies (in earlier judgments, Body Corporate 207605 successfully sought to recover unpaid levies from Ms Singh, a unit owner). As part of her application for leave to appeal, Ms Singh argued that one of the ...

  • Overseas Investment Act – Amendments have legal effect

    1 November 2018

    Amendments to the Overseas Investment Act 2005 (OIA) that restrict certain overseas people from buying residential land in New Zealand reported in our September newsletter came into force on 22 October 2018.The new provisions affect the purchase of land that is rated as a residential or lifestyle property (residential land). This includes apartments, townhouses, and standalone dwellings in use unit title developments.The effect of the amendments requires overseas persons to obtain consent from the Overseas investment Office (OIO) under the OIA ...