Degraded Property Rights for Unit Titles in New Zealand

Abstract

This article argues recent case law has degraded property rights created by relevant New Zealand strata titles legislation. This has been achieved by judicial manipulation of the statutory provisions to impose results which the court perceives to be “fairer” than those achieved by applying the relevant statutory regime. This development is illustrated under four different subject topics. These are: the body corporate being required to fund repairs of private property; altering repair and maintenance obligations based on a judicial perception of achieving a “fairer” result than application of the statute; questionable rule changes binding the owners by voluntary acceptance of obligations; and application of the legislation to land outside of the development.

Keywords: strata title; property rights; interpretation; court intervention