9 Jun 2006
NZPS INVESTMENTS LIMITED V THE REGISTRAR GENERAL OF LAND HC AK CIV 2005-404-6920
- Citation
- openlaw-43e71db9_20bf_4edd_9295_cde8f170af85.pdf
- Court
- High Court
The Unit Titles Act 1972 does not extend to subleases; it was intended to apply only to fee simple estates and to leasehold estates held directly from the registered proprietor of the freehold. Allowing sublease-based unit subdivisions or successive leases that create overlapping operative schemes would conflict with the Act's scheme (notably ss 5(1)(f), 29 and 31) and render the Act unworkable, so the declarations sought are refused.