Legislation pertaining to leasehold apartments
Question from Sandie updated on 20th November 2006:
Our expert Jeff Montgomery responded:
The Property Law Act 1952 contains general rules relating to property, sale and purchase, mortgages, leases (generally commercial or long-term residential leases), and various other property-related matters. The Property Law Act 1952 is administered by the Ministry of Justice, go to www.justice.govt.nz for more information. The Land Transfer Act 1952 covers the registration and transfer of title to land, and is administered by Land Information New Zealand, see www.linz.govt.nz. If the apartments you own are part of a unit title development, your situation may be covered by the Unit Titles Act 1972, which is administered jointly by the Ministry of Justice and Land Information NZ. It is important to note that a significant amount of the law relating to property in New Zealand is established in the common law (the law made by the Courts). So, any technical questions about property ownership situations are often best directed to a property lawyer or conveyancer. Most residential tenancies, where a landlord rents a residential property to a tenant, are covered by the Residential Tenancies Act 1986.
The Department of Building and Housing provides information and guidance on building law and compliance, services including weathertight homes, and advice for tenants and landlords.