Review of the Unit Titles Act 2010: A Missed Opportunity

Abstract

This article concerns the Unit Titles Act 2010 (NZ). It considers a review of this Act being undertaken by the Ministry of Business, Innovation and Employment. It suggests that the minimalist regulatory philosophy adopted by the Ministry is deeply problematic. The Ministry’s approach privileges an understanding of property that is commonly associated with individual freehold ownership. However, the author suggests that unit title ownership is different from other forms of land holding, and in order to successfully address the many problems afflicting the sector unit title holders should be seen as members of a community of owners, rather than as individuals who happen to living in a collective setting. The Ministry’s failure to recognise this means that the ramifications of its policies have not been clearly thought through and are unlikely to solve the problems which have led to the need for a review in the first instance. Ignoring the fact that unit title owners are living in a community of owners will not result in consistent, or positive, outcomes, and there is a need for a fundamental rethink regarding the framework of the Act. The article builds on a recent report on the barriers that exist for the repair or rebuild of multi-unit complexes on a single title to land, when destroyed or damaged either by a natural disaster, or as a result of the leaky home syndrome.