Community Land Development Act 1989 No 201
Current version for 1 January 2014 to date (accessed 23 November 2014 at 19:33)
Schedule 10

Schedule 10 Dealings with association property

(Sections 17, 21, 22, 24, 35)

1   Application of Schedule

This Schedule applies to an instrument that is:
(a)  a lease, sublease, or transfer of a lease of association property under section 17 or 24, or
(b)  a plan dedicating neighbourhood property under section 21 to open or widen a public road or to create a public reserve or drainage reserve, or
(c)  a neighbourhood plan of subdivision under section 22 subdividing or creating neighbourhood property in a neighbourhood scheme, or
(d)  a transfer under section 24 of neighbourhood property in a neighbourhood scheme that is not part of a community scheme, or
(e)  a dealing that is for the creation of easements, restrictions on the use of land or positive covenants as referred to in section 35 and that burdens association property, or
(f)  a dealing that is for the release of an easement, restriction on the use of land or positive covenant as referred to in section 35 and that benefits association property.

2   Certificate to be lodged

There must be lodged with an instrument to which this Schedule applies a certificate in the approved form that is under the seal of the relevant association and is to the effect:
(a)  that execution of the instrument was authorised by a unanimous resolution, and
(b)  if the association has notice of an interest in the land (other than a statutory interest or an interest recorded in the Register) and the instrument has not been made subject to the interest—that the interest has been released, and
(c)  that any by-law restricting the use of the association property no longer affects the interest passing under the instrument.

3   Restriction on dealing

A neighbourhood association must not deal with land to which this Schedule applies, unless:
(a)  the initial period has expired, or
(b)  the dealing has been authorised by the Tribunal.

4   Replacement sheet

(1)  There must be lodged with a plan dedicating neighbourhood property under section 21 a replacement sheet for the neighbourhood property plan that illustrates the altered boundaries of the neighbourhood property.
(2)  There must be lodged with a plan referred to in section 24 (2) (a) a replacement sheet for the neighbourhood property plan that illustrates the altered boundaries of the neighbourhood property.
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