Unit Titles Amendment Act 1979

1: Short Title
This Act may be cited as the Unit Titles Amendment Act 1979, and shall be read together with and deemed part of the Unit Titles Act 1972
1: Staged development
2: Interpretation
In this Part of this Act, unless the context otherwise requires,— Complete unit plan Future development unit Proposed unit development plan Stage unit plan section 5(1)(g)
3: Subdivision of land into units in stages
1: Notwithstanding anything in Part 1 section 3(1)
2: Notwithstanding anything in subsection (1)
4: How subdivision in stages effected
The subdivision of land so as to provide for units in 2 or more stages shall be effected by the successive deposit under the Land Transfer Act 1952
a: A proposed unit development plan, which shall specify all the units, and the whole of the common property, proposed to comprise the development when it is completed:
b: One or more stage unit plans, which shall specify each unit and each part of the common property (if any) that has so far been completed (to the extent necessary for the purposes of section 5(1)(g)
c: A complete unit plan, which shall specify all the units and the whole of the common property comprising the development in relation to a building or buildings already erected on the land.
5: Proposed development plans
1: Every proposed unit development plan shall comply with the provisions of all regulations as to survey made under the Survey Act 1986
2: The deposit of a proposed unit development plan shall not affect the estate or interest in the land owned by the registered proprietor depositing the plan or by any other person.
3: A proposed unit development plan may not be deposited unless—
a: It is accompanied by a stage unit plan relating to the same development:
b: It has been approved by the Chief Surveyor appointed for the land district constituted under the Land Act 1948
c:
4: The provisions of section 5(2) section 5A(3) principal administrative officer's
5: When a proposed unit development plan has been deposited, the proposed development shall not be altered in any way, unless a new proposed unit development plan has been deposited, incorporating the proposed changes, in accordance with the following provisions:
a: Subject to paragraph (b)
b: Where the unanimous consent of the persons referred to in paragraph (a) section 58
c: The provisions of subsections (1) to (4) paragraph (a)
d: The substituted proposed unit development plan shall be deposited under the same number as the original proposed unit development plan. Subsection 3(c) repealed 23 July 1993 Unit Titles Amendment Act 1993
6: Deposit of unit plans under this Part
1: No stage unit plan and no complete unit plan shall be deposited pursuant to this Part of this Act unless the certificate given under section 5(1)(g) chief executive
2: Every successive stage unit plan (except the first) and the complete unit plan relating to a development shall be deposited in substitution for, and under the same number as, the stage unit plan previously deposited in respect of that development.
3: For the purposes of paragraphs (c) (d) Resource Management Act 1991 Subsection (1) amended 1 July 2003 262 Local Government Act 2002 by substituting the words chief executive principal administrative officer See sections 273 to 314 Subsection (3) amended 23 July 1993 Unit Titles Amendment Act 1993 by substituting the words Resource Management Act 1991 Town and Country Planning Act 1977
7: Unit entitlement
1: For the purpose of eventually determining the matters specified in section 6(3) Valuers Act 1948
2: On each stage unit plan, and on the complete unit plan, the unit entitlement to be assigned to each principal unit and each accessory unit for the purposes of section 6
3: No unit entitlement shall be assigned to any future development unit. Subsection (1) amended 1 July 1998 54(1) Ratings Valuations Act 1998 by omitting the words the Valuer-General or , as the case may be, See sections 55 to 63
8: Future development units
1: The deposit of a stage unit plan shall have the effect of creating in each future development unit a stratum estate in freehold or a stratum estate in leasehold, as the case may be, which shall comprise—
a: The fee simple estate or, as the case may be, the estate as lessee or licensee in the unit, which shall determine either—
i: On the deposit of a unit plan that specifies as other than a future development unit that part of the land that formerly comprised the future development unit; or
ii: On the cancellation of a stage unit plan, in accordance with sections 45 to 47
b: The undivided share in the fee simple estate or, as the case may be, the estate section 9(6)(c)(i)
2: Subsections (3) to (6)
3: On the deposit of a stage unit plan, the Registrar may, at the request of the registered proprietor, issue a separate certificate of title for any future development unit.
4: Subsections (3) (4) Subsection (1)(b) amended 13 January 1981 Unit Titles Amendment Act 1980 by inserting the words or, as the case may be, the estate
9: Application of principal Act
1: Notwithstanding anything in section 12
2: Notwithstanding anything in section 15
3: Notwithstanding anything in subsection (2)
4: Notwithstanding anything in section 18 19 44
5: In the case of a development to which Part 2
a: The unit were a principal unit; and
b: The unit entitlement of the unit were equivalent to the aggregate unit entitlement of all the units into which it is proposed eventually to subdivide the future development unit, as shown on the proposed development plan.
6: For the purposes of sections 45(1) 46(1) 47(1)
a: Before the plan is cancelled, the whole development (excluding every future development unit), and each future development unit, shall be separately valued by Valuers Act 1948
b: In the event of a dispute arising in respect of any valuation made for the purpose of paragraph (a) Arbitration Act 1908
c: Upon cancellation of the plan, the fee simple estate, or (as the case may be) the estate as lessee or licensee in the whole of the land that was comprised in the development (including every future development unit), shall vest—
i: As to one undivided share in each person who was the proprietor of a future development unit immediately before the cancellation of the plan; and
ii: As to one undivided share in the persons who were the proprietors of the units (other than future development units) immediately before the cancellation of the plan,— such shares to be in the proportion that the value of the future development unit (as determined pursuant to paragraph (a)
d: As between themselves, the persons who are entitled to one undivided share in the land by virtue of paragraph (c)(ii) section 9
7: Subject to the additions, exclusions, and modifications set out in this Part of this Act, the provisions of the principal Act shall apply in respect of—
a: Subdivisions of land into units under this Part of this Act in the same manner as they apply to subdivisions of land into units under that Act; and
b: Stage unit plans and complete unit plans deposited or to be deposited under this Part of this Act in the same manner as they apply to unit plans deposited or to be deposited under the principal Act. Subsection (6)(a) amended 1 July 1998 54(1) Ratings Valuations Act 1998 by omitting the words the Valuer-General or See sections 55 to 63
2: Miscellaneous amendments of principal Act
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