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Publication: Body Corporate Business

  • Doing Things by the Book

    10 July 2019

    Non-compliance with the procedural requirements of the Unit Titles Act 2010 can lead bodies corporate into strife. The Tenancy Tribunal decision, Martin v Body Corporate 71725 [2019] NZTT Christchurch 9010441, provides a useful reminder of the importance of doing things by the book.In Martin v Body Corporate 71725, a number of unit owners applied for orders relating to Body Corporate 71725’s (Body Corporate) failure to comply with the Unit Titles Act 2010 and Unit Titles Regulations 2011. The primary issues ...

  • Whose Roof?

    5 June 2019

    The question of liability for repairs and maintenance in a unit title development is a pressing matter for all bodies corporate and unit owners. Each wants (and needs) to know who is responsible for repairing and maintaining what – who has to pay for it and in what shares.Recent case law has emphasised the importance of collective responsibility and body corporate responsibility for weathertightness and building-wide systems (Body Corporate S73368 v Otway [2018] NZCA 612 and Body Corporate 199380 v ...

  • 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 ...