New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Scheme settlement under s74

Legal area

Court

27 Nov 2020

BODY CORPORATE 169774 v PEARLNZ LIMITED [2020] NZHC 3144

Citation

[2020] NZHC 3144
Court

High Court

The Court was satisfied the building was damaged, that the proposed scheme was appropriately adopted through the Body Corporate’s meetings and approvals, and that the scheme’s terms (including cost apportionment by utility interest and procedural mechanisms) were sufficiently detailed and consistent with established precedent; accordingly the Court settled the scheme under s74 Unit Titles Act 2010 as annexed to the application.
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).