Application for an order of the Tenancy Tribunal to settle a dispute involving a unit title

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1 Application for an order of the Tenancy Tribunal to settle a dispute involving a unit title UT001 (04/15) under section 171 of the Unit Titles Act 2010 and section 86(1) of the Residential Tenancies Act 1986 WHAT THIS FORM IS FOR Use this form to ask the Tenancy Tribunal to settle a dispute involving a unit title. The Tenancy Tribunal has jurisdiction to hear disputes relating to a unit title development between the following people. You must be one of these people, or an agent for them: A body corporate An original owner An owner of a principal unit A former owner of a principal unit An occupier of a principal unit A prospective buyer of a principal unit An owner of a future development unit An occupier of a future development unit An administrator (this is an administrator appointed by the High Court under section 141 of the Unit Titles Act) A registered valuer A service contractor A lessor of base land The Chief Executive of the Department of Ministry of Business, Innovation & Employment THE TENANCY TRIBUNAL CANNOT HEAR DISPUTES ABOUT THESE MATTERS The application of insurance money under section 136(4) of the Unit Titles Act You will need to seek independent legal advice. The title of land this includes a redevelopment, cancellation of a unit plan, and conversion of a cross-lease or flat-owning company to unit title. You will need to seek independent legal advice. A situation where you are claiming more than $50,000. If your claim is for more than this, you can choose to claim less than this so the Tribunal can make an order on the claim. te that if you reduce your claim to fit within the $50,000 limit you cannot make a later claim for the difference. Alternatively the Tribunal can transfer your claim to either the District Court or the High Court. HOW TO APPLY To make this application online you must have an address, which we will use to contact you. You need to fill in ALL sections of the form before you it: Section 1 The body corporate involved in this dispute Section 2 The person making this application Section 3 Who you are claiming against Section 4 About the dispute Section 5 Help available Section 6 Declaration and attachments UTapplication@mbie.govt.nz Page 1

2 ATTACH SUPPORTING DOCUMENTS You need to attach documents to back up your claim. Supporting documents are important evidence to help prove your claim. If you do not provide evidence, your claim may be dismissed. If you don t provide all the information we need, your claim may be delayed or we may not be able to process it at all. Read the list of supporting documents we require at IF YOU DO NOT HAVE AN ADDRESS If you do not have an address, print and complete this form, attach copies of the documents we need, and send it to Ministry of Business, Innovation & Employment, PO Box , Porirua 5240, or fax it to (04) HOW TO PAY When we receive this form we will let you know the fee and how to pay. We assess your application to decide its complexity. If we assess it as category 1, the fee is $3,300. Examples of category 1 issues are: repair and maintenance of common property governance, decisions, and procedures of the body corporate If we assess it as category 2, the fee is $850. Examples of category 2 issues are: day-to-day management of a unit title development behaviour of neighbours, including issues like parking, pets, and rubbish people not following body corporate rules. WHAT HAPPENS NEXT When we get your application and all the information we need, we identify the most appropriate way to help you resolve the dispute. This may be through mediation or at a Tenancy Tribunal hearing. (Section 5A of this form has information about mediation.) We then contact you and the other party. ABOUT THE INFORMATION YOU SEND US We will share the information in this application with the other party. If you do not fill in this form completely or send us all the information we ve asked for, we may not be able to process your application. PRIVACY Under the Privacy Act 1993, we need to tell you: the information you give us is being collected under the Unit Titles Act 2010 and the Residential Tenancies Act 1986 the information will be held and used by the Ministry of Business, Innovation & Employment and the Ministry of Justice to administer the Unit Titles Act 2010 and the Residential Tenancies Act 1986 you have the right to have access to and correct personal information held about you; you can contact the Ministry of Business, Innovation & Employment at PO Box , Wellington 6143, and the Ministry of Justice at Ministry of Justice Central Processing Unit, DX SX10042, Wellington we may use this information for customer surveys, public education and statistical analysis; if we do this, no one will be identified.

3 Application for an order of the Tenancy Tribunal to settle a dispute involving a unit title UT001 (04/15) under section 171 of the Unit Titles Act 2010 and section 86(1) of the Residential Tenancies Act 1986 Section 1 the body corporate involved in this dispute 1A WHAT IS THE BODY CORPORATE NUMBER? The body corporate number is the number of the unit plan for the unit title development. If you do not already have it, you can order the unit plan online from Land Information New Zealand (LINZ) for a fee. Your order may take two days. Go to the LINZ website to use the land record order form. Body corporate number: 1B WHAT IS THE PHYSICAL ADDRESS OF THE DEVELOPMENT RELATING TO THIS DISPUTE? You must fill this in. Complete all the fields that apply for this address. You may not have to complete them all. Flat/Unit no. Street no. RD (rural delivery) Street name Suburb/Town City/District Post code Name of development Section 2 the person making this application 2A WHAT IS YOUR FULL NAME? If you are applying on behalf of a company, partnership, or trust, please give us a contact name, full legal name, and/or the name they trade as UTapplication@mbie.govt.nz Page 1

4 2B ARE YOU ACTING AS AN AGENT? If you are acting as an agent, who is this for? Give their name: Attach evidence you have been appointed and are authorised to act for them, and tick the box at left. 2C HOW ARE YOU, OR THE PERSON YOU ARE ACTING FOR, INVOLVED WITH THE BODY CORPORATE? Tick the role that applies, and attach evidence confirming the role. Are you, or are you acting for: the body corporate? Attach the unit plan. an original owner? Attach the computer register confirming ownership. an owner of a principal unit? Attach the computer register confirming ownership. a former owner of a principal unit? Attach the computer register confirming prior ownership. an occupier of a principal unit? Attach your tenancy or lease agreement, or other evidence that you are entitled to occupy the unit. a prospective buyer of a principal unit? Attach a draft sale and purchase agreement. an owner of a future development unit? Attach the computer register confirming ownership. an occupier of a future development unit? Attach the notice to the body corporate of occupation of the future development unit. an administrator? (This is an administrator appointed by the High Court under section 141 of the Unit Titles Act.) Attach the High Court order appointing you as administrator a registered valuer? Attach evidence that confirms your relationship with the body corporate. a service contractor? (This is a person contracted by a body corporate to provide services to the body corporate or to the unit owners for at least one year. They cannot be an employee of the body corporate.) Attach a copy of the contract with the body corporate. a lessor of base land? Attach a copy of the lease agreement. If you attach evidence below, also tick the box at left to confirm the attachment.

5 2D WHAT IS YOUR ADDRESS FOR SERVICE? This needs to be an address where we can send you letters and documents about this application. This can be a physical address, PO Box number, address, or fax number. Please tick and complete the address you want us to use. Use this physical address Complete all the fields that apply for this address. You may not have to complete them all. Flat/Unit no. Street no. RD (rural delivery) Street name Suburb/Town City/District Post code Name of development Use this PO Box number PO Box no. Suburb Town/City Post code Use this address Use this fax number 2E HOW CAN WE CONTACT YOU? How can we contact you abotu this application? Daytime number Mobile address Tick this box to confirm we can use this address to contact you. 2F IS ANYONE ELSE AN APPLICANT IN THIS CLAIM? If there are other people making this application with you attach a list with their: full names addresses for service landline and mobile phone numbers role in the dispute, from the list in 2C. Also attach the relevant evidence confirming their role. Tick this box when you attach your list.

6 Section 3 who you are claiming against 3A WHAT IS THE OTHER PARTY S NAME? If the other party is a company, partnership, or trust, please give us a contact name, full legal name (if you know it), and/or the name they trade as. If the other party is a trust, please list the names of the trustees as they appear on the computer register (certificate of title). If you need more room, tick the box below left and attach a document listing the names. 3B HOW ARE THEY INVOLVED WITH THE BODY CORPORATE? Tick the role that applies to them, and attach evidence confirming their role. Are they: the body corporate? Attach the unit plan. an original owner? Attach the computer register confirming ownership. an owner of a principal unit? Attach the computer register confirming ownership. a former owner of a principal unit? Attach the computer register confirming prior ownership. an occupier of a principal unit? If possible, attach the tenancy or lease agreement, or other evidence that they are entitled to occupy the unit. a prospective buyer of a principal unit? If possible, attach a draft sale and purchase agreement. an owner of a future development unit? Attach the computer register confirming ownership. an occupier of a future development unit? Attach the notice to the body corporate of occupation of the future development unit. an administrator? (This is an administrator appointed by the High Court under section 141 of the Unit Titles Act.) Attach the High Court order appointing them as administrator. a registered valuer? Attach evidence that confirms their relationship with the body corporate. a service contractor? (This is a person contracted by a body corporate to provide services to the body corporate or to the unit owners for at least one year. They cannot be an employee of the body corporate.) Attach a copy of the contract with the body corporate. a lessor of base land? Attach a copy of the lease agreement. the Chief Executive of the Ministry of Business, Innovation & Employment, we do not need evidence. If you attach evidence below, also tick the box at left to confirm the attachment.

7 3C WHAT IS THE OTHER PARTY S ADDRESS FOR SERVICE? This needs to be an address where we can send the other party letters and documents about this application. This can be a physical address, PO Box number, address, or fax number. Please tick and complete the address you want us to use. Use this physical address Complete all the fields that apply for this address. You may not have to complete them all. Flat/Unit no. Street no. RD (rural delivery) Street name Suburb/Town City/District Post code Name of development Use this PO Box number PO Box no. Suburb Town/City Post code Use this address Use this fax number 3D HOW CAN WE CONTACT THEM? Daytime number Mobile address 3E IS THERE ANYONE ELSE YOU ARE CLAIMING AGAINST IN THIS DISPUTE? Tell us if there are other people that you are claiming against. For example, if you are making an application against a number of unit owners, list them all. Attach a list with their: names addresses for service daytime and mobile phone numbers role in the dispute, from the list in 3B. Also attach the relevant evidence confirming their role. Tick the box below left when you attach your list. Tick this box when you attach your list.

8 Section 4 about the dispute Important you must tell us what outcome you are looking for, and why. The Tenancy Tribunal can only consider and make an order about what you have applied for on this form. You can t get an order on new information that you bring up at the Tribunal hearing, so be sure to write everything in this section. 4A WHAT DO YOU WANT THE TENANCY TRIBUNAL TO DO? Choose an option for the action you want to achieve. Tick one of these options. If you are not sure which to choose, tick the most likely, and explain further in 4B. Issue a work order. (This is an order to do repairs to a property or chattels, or to bring services up to required standards.) Order the payment of money $ What is the money for? Vary a contract or agreement. Declare whether a contract or agreement is, or is not, void. Make a declaration about the rights or obligations of any party. Order the dismissal of another application to the Tenancy Tribunal under the Unit Titles Act Other explain what you want the Tenancy Tribunal to do here. Put the reason for this in 4B.

9 4B WHY ARE YOU ASKING THE TRIBUNAL TO DO THIS? Explain what happened in the dispute and why you are asking the Tribunal to do something. Write here, or attach a document below. If you prefer to attach a document with your explanation, tick here and attach it below. Click on the paperclip icon (or go to Tools > Comment & Markup > Attach a File as a Comment) and then click in this box to attach your 4C HAVE YOU DONE ANYTHING TO RESOLVE THIS DISPUTE, FORMALLY OR INFORMALLY? Tell us anything done to try and settle the dispute. Write here, or attach a document below. If you prefer to attach a document with your explanation, tick here and attach it below. Attach any supporting docucments, like s and letters.

10 Section 5 help available 5A ARE YOU WILLING TO TRY MEDIATION TO SETTLE THIS DISPUTE? Mediation can take place over the phone or in person, and is quicker than a Tribunal hearing. Through mediation you can reach a mutual agreement with the other party, which can be documented and legally enforced. 5B DO YOU NEED AN INTERPRETER? Mediation can take place over the phone or in person, and is quicker than a Tribunal hearing. Through mediation you can reach a mutual agreement with the other party, which can be documented and legally enforced. What language? Who needs the interpreter? Me (the applicant) The other party Section 6 declaration and attachments 6A I DECLARE THE INFORMATION I HAVE GIVEN IN THIS FORM IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE 6B TICK THIS CHECKLIST TO TELL US THE DOCUMENTS YOU HAVE ATTACHED These are the documents you must attach so we can process your application. 2C Evidence of how you are involved in the body corporate. 3B Evidence of how the other party is involved in the body corporate. If they are: the occupier of a principal unit the prospective buyer of a principal unit the Chief Executive of the Ministry of Business, Innovation & Employment, we do not need evidence.

11 These are documents you may also need to attach to support your application. 2B If you are an agent, evidence you have been appointed and are authorised to act. 2F If there are other applicants in this claim, a list of their full names, addresses for service, phone numbers, roles in the dispute, and evidence confirming their roles. 3E If there are other people you are claiming against, a list of their full names, addresses for service, phone numbers, roles in the dispute, and evidence supporting their role. 4B An explanation of why you are asking the Tenancy Tribunal to do something (if you prefer this to writing in the box on this form). 4C If you have already tried to settle the dispute, a description of what you have done (if you prefer this to writing in the box on this form). 4C If you have already tried to settle the dispute, copies of any supporting documents, such as letters and s. You may also wish to attach other documents, such as: A copy of the unit plan to show the layout of the property. A copy of the service contract if the dispute involves a contractor. Please do not attach photographs or bank statements. You can bring these to mediation or the hearing. List any other attachments here, and attach them below. SAVE A COPY OF THIS FORM FOR YOUR RECORDS SUBMIT THIS FORM

Application for an order of the Tenancy Tribunal to recover body corporate levies

Application for an order of the Tenancy Tribunal to recover body corporate levies UT002 (04/15) WHAT THIS FORM IS FOR Use this form to ask the Tenancy Tribunal to order a unit title owner to pay overdue