Community Land Management Act 1989 No 202
Current version for 4 July 2014 to date (accessed 20 December 2014 at 04:32)
Part 3Section 57

57   Carrying out of work on association property by developer

(1)  This section applies to an agreement for the carrying out of a work of preparation, construction or maintenance on association property made between the developer and a person other than the association in which the property is vested.
(2)  For the purpose of ensuring that a work is carried out in accordance with an agreement to which this section applies, the association in which is vested the association property on which the work has been, or is to be, carried out may, as if it were a party to the agreement:
(a)  enforce against the developer a right or remedy available to another party to the agreement, or
(b)  enforce against another party to the agreement a right or remedy available to the developer.
(3)  Subsection (2):
(a)  does not oblige an association to carry out a work or pay for the carrying out of a work, and
(b)  does not relieve the developer from any obligation to pay for the carrying out of a work.
(4)  The rights conferred by subsection (2) are in addition to, and do not derogate from, a right or remedy enforceable under the agreement:
(a)  against the developer by another party, or
(b)  by the developer against another party.
Top of page