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Unit Titles Bill (Consistent) [2008] NZBORARp 3 (14 February 2008)

Last Updated: 13 January 2019

Unit Titles Bill 14 February 2008 Attorney-General

LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: UNIT TITLES BILL

1. We have assessed whether the Unit Titles Bill (the "Bill") (PCO 7886/2.3) is consistent with the New Zealand Bill of Rights Act 1990 ("Bill of Rights Act"). We understand that the Bill will be considered by the Cabinet Legislation Committee at its meeting on Thursday, 21 February 2008.
   
2. The Bill seeks to repeal and replace the Unit Titles Act 1972 to provide a modern legal framework for the joint ownership and management of land, buildings and facilities on a socially and economically sustainable basis by communities of individual owners. In particular, the Bill is designed:
   • to allow for the subdivision of land and buildings into unit title developments comprising units that are owned in stratum estate in freehold or stratum estate in leasehold by unit owners, and common property that is owned by the body corporate on behalf of the unit owners; and
   • to create bodies corporate, which comprise all unit owners in a development, to operate and manage unit title developments; and
   • to establish a flexible and responsive regime for the governance of unit title developments; and
   • to protect the integrity of the development as a whole.
     
3. We have concluded that the Bill does not appear to be inconsistent with the rights and freedoms affirmed in the Bill of Rights Act.
   

In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the Attorney-General to determine whether a report should be made to Parliament under s 7 of the New Zealand Bill of Rights Act 1990 in relation to the Unit Titles Bill. It should not be used or acted upon for any other purpose.

The advice does no more than assess whether the Bill complies with the minimum guarantees contained in the New Zealand Bill of Rights Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions.