The Unit Titles Act 2010 provides for a fully integrated dispute resolution service for unit title disputes. 

One of the intentions of the Unit Titles Act 2010 is to provide access to a cost-effective, appropriate and timely dispute-resolution process and enforcement regime for unit title disputes.

The Ministry’s aim is to help people avoid and resolve disputes without needing to apply to the Tenancy Tribunal. Tools and information resources are provided by the Ministry to help the sector comply with the Act and its regulations.

Application

Parties who find themselves in a dispute over an amount less than $50,000, and are unable to reach an agreement are able to apply for an order of the Tenancy Tribunal, which will provide the following services:

  • receive applications, screen them to make sure they are complete and determine whether they should go to mediation or adjudication
  • resolve disputes through mediation, where possible
  • adjudicate disputes, where necessary.

You can make a UTA application to the Tenancy Tribunal online. To do this, you’ll need:

  • a RealMe® login
  • a working email address
  • a valid Visa or MasterCard or a bank account with ANZ, ASB, BNZ, KiwiBank, TSB, or Westpac
  • electronic copies of all relevant supporting documents

For more information about completing a Unit Titles Act Tenancy Tribunal application please visit Making a UTA application to the Tenancy Tribunal.
Online applications submitted will be filed with an Office of the Tenancy Tribunal.

Mediation

Mediators do not make decisions - they facilitate discussions between the parties to a dispute, attempting to help reach an agreement.

If an agreement is reached, the mediator can formalise the agreement in an order that can be sealed by a Tenancy Adjudicator.

Adjudication

The Tenancy Tribunal is the appropriate forum for hearing and resolving of the majority of unit titles disputes, up to $50,000.

The adjudicator will listen to the parties, hear witnesses, review any evidence presented and make a decision. The Tribunal is similar to a court and Tribunal orders are legally binding.

If the adjudicator is satisfied that the parties could settle the dispute by agreement, they can refer the case to mediation.

The courts

The District Court has jurisdiction to hear disputes relating to the application of insurance money up to $50,000 and other disputes between $50,000 and $350,000.

The High Court has jurisdiction to hear disputes relating to the title to land, disputes relating to the application of insurance money in excess of $50,000 and other disputes in excess of $350,000.