ER23 Revised legal frameworks for ownership and use of multi-dwelling units (June 2017)

On 4 September 2010 a significant earthquake measuring 7.1 on the Richter scale struck the Canterbury region of the South Island of New Zealand, causing significant loss of life and severe damage to buildings.

Where buildings are damaged or in poor condition, difficulties in facilitating repair or replacement can lead to negative effects of depopulation, lower capital values, more transient populations and a general loss of social amenity.

In this context, we aimed to identify possible modifications of existing land tenure models in New Zealand law for multi-unit dwellings on a single title (primarily unit titles, cross-leases, retirement homes and papakāinga land) and for mixed-use commercial and residential developments. We also investigated the potential adoption of models used in other countries (with any necessary modifications), which would allow for more efficient, cost-effective and user-friendly use of urban land for multiple dwellings or mixed commercial/residential uses.

Enabling quicker and more economical repair and replacement of damaged or destroyed buildings not only provides greater capacity for both cities and individuals to recover from crises but also has significant amenity benefits for local residents and communities.