New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Leasehold
  • 31 Aug 2007

    NZPS INVESTMENTS LTD V THE REGISTRAR GENERAL OF LAND CA CA138/06

    Citation
    openlaw-04e99c75_17fa_429f_a751_c57a6f6e7778.pdf
    Court
    Court of Appeal

    The Unit Titles Act 1972 does not permit unit title subdivisions of subleasehold estates nor the creation of unit titles for registered future leasehold estates prior to their commencement because the Act's text and scheme (notably ss 5(1)(f), 29(1) and 31(4)) and the protections it provides for unit proprietors demonstrate Parliament did not intend such complex derivative or successive lease structures to be accommodated without statutory amendment.