5 Feb 2014
CBD INVESTMENTS (NZ) LIMITED v BODY CORPORATE 095035 [2014] NZHC 72
- Citation
- [2014] NZHC 72
- Court
- High Court
The Court has jurisdiction under s 74 UTA 2010 to settle a scheme for the physical reinstatement of the verandah, but it does not have jurisdiction to settle a scheme provision that grants ongoing control over the verandah's future appearance and use (clause 4); such changes to rights must be effected through valid amendment of the body corporate rules under the Act. Costs of approval of the reinstatement scheme are to follow the contribution proportions in the scheme (93.1% GFUs, 6.9% RFU proprietors of AU7).