New Zealand Case Law: Decisions & Judgments

Topic

Unit titles act 1972

Legal area

Court

6 Sept 2016

RUSSMORR LTD v BODY CORPORATE 345866 [2016] NZCA 418

Citation

[2016] NZCA 418
Court

Court of Appeal

Rules 2.1(f) and 2.1(g) imposing a mandatory obligation to provide and pay for an on-site manager's unit, and rule 2.2(k) empowering guarantees of such obligations, are ultra vires s 37(5) of the Unit Titles Act 1972 because they appreciably expand the body corporate's duties beyond what is incidental to its statutory powers; estoppel cannot validate an unlawful provision; accordingly the Russmorr guarantee is invalid.
10 Oct 2011

WALTERS TRADING AS WALTERS LAW V HYDE HC AK CIV-2011-404-003521

Citation

openlaw-9d07e423_1604_4fb2_8d2e_4e61eb14a042.pdf
Court

High Court

Clause 7.1(6) is a warranty that speaks as at the date of the agreement and is not a continuing obligation through to settlement; accordingly respondents were not entitled to cancel at settlement for breach of cl 7.1(6). However the appellant breached duties to the respondents by failing to advise them fully of the reasons for the absence of a code compliance certificate and thereby caused a loss of opportunity which must be assessed at a subsequent hearing.
12 Jul 2010

BODY CORPORATE NO 183059 V SOKOL LTD AND ORS AND ORS HC AK CIV-2010-404-000140

Citation

openlaw-e5269dbb_cadf_4d24_8388_ab2daaa24fab.pdf
Court

High Court

The adjournment was refused because Sokol did not apply for appeal within time, provided insufficient grounds to justify adjourning, its prospects of out‑of‑time appeal were low, and the urgency and interests of other unit owners in proceeding outweighed Sokol's arguments; substantive challenges to the Body Corporate's authority can be decided at the hearing.
2 Jul 2010

BODY CORPORATE 159626 V MIN HOLDINGS LTD HC AK CIV 2009-404-002852

Citation

openlaw-c8148b1f_2424_49a9_a25b_84e48a4d889b.pdf
Court

High Court

The proviso to rule 39 must be read against the operative unit plan bearing the plan number in the proviso; after redevelopment there is no Unit A on UP159626 and therefore the proviso does not exempt the defendant (owner of Unit B) from lift and lobby levies. Judgment awarded to plaintiff for $71,273.48. Separately, rule 1(o) imposes substantial new powers and restrictions affecting use and transfer of units and is not merely incidental Schedule 3 material; it therefore required unanimous adoption under s37(3) and also infringes s37(6), so rule 1(o) is ultra vires and invalid; severance is n…
14 Oct 2009

BODY CORPORATE 201036 AND ANOR V BROADWAY DEVELOPMENTS LIMITED AND ANOR HC AK CIV-2008-404-007966

Citation

openlaw-44f7763f_9308_48f0_807c_7e355f742440.pdf
Court

High Court

The Management Agreement was ultra vires because the developer reimbursement (management fee component reflecting past consideration for a rent‑free period) is not an administrative expense or obligation within the class permitted by s 15(2)(a) of the Unit Titles Act; consequential amended rules enabling collection and enforcement of that fee are not incidental to the statutory duties and therefore ultra vires; timing/formal irregularity (rules coming into force after execution) cannot validate an agreement that is itself ultra vires.
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.

New Zealand Case Law

RUSSMORR LTD v BODY CORPORATE 345866 [2016] NZCA 418

WALTERS TRADING AS WALTERS LAW V HYDE HC AK CIV-2011-404-003521

BODY CORPORATE NO 183059 V SOKOL LTD AND ORS AND ORS HC AK CIV-2010-404-000140

BODY CORPORATE 159626 V MIN HOLDINGS LTD HC AK CIV 2009-404-002852

BODY CORPORATE 201036 AND ANOR V BROADWAY DEVELOPMENTS LIMITED AND ANOR HC AK CIV-2008-404-007966

NZPS INVESTMENTS LIMITED V THE REGISTRAR GENERAL OF LAND HC AK CIV 2005-404-6920