28 Feb 2016
BODY CORPORATE 198072 v BNZ and Ors [2016] NZHC 1731
- Citation
- [2016] NZHC 1731
- Court
- High Court
The Body Corporate's delegated powers to amend plans and specifications did not extend to altering the scheme's fundamental precepts (the definition of repairs and the cost allocation formula); replacement of the podium waterproof membrane and any consequent demolition and necessary reinstatement of otherwise sound private landscaping fall within the s48 scheme and, subject to expert assessment that reinstatement would not harm remedial works, the Body Corporate is responsible in principle for reinstatement; the fact landscaping was done pursuant to an ultra vires rule does not bar reinstatem…