URGENT NOTICE: Commencement Dates of UT Amendment Act announced
28 October 2022
All Chairs, committees and owners should take notice that the Government (Ministry of Housing and Urban Development) has had the necessary Gazette Notice promulgated the bring into force parts of the Act in 3 stages over the next 18 months.
The details are set out in the Commencement Order the link to which is attached here.
Those stages are as follows:-
- Stage 1 – 9 December 2022 – Section 12 inserting new section 88 on remote attendance at meetings. Section 16 inserts a new 102 permitting remote voting at general meetings and section 54(2) inserts a new regulation 27(2A) providing for a committee meeting to be held remotely.
Note: There are no electronic voting regulations as yet! - Stage 2- 9 May 2023 all other sections except for the 11 sections in stage 3 below. This means that the sections on such matters as The Disclosure Regime, some Special provisions for Large unit title developments( 10+), Utility interest provisions, Committee meeting procedures and code of conduct and conflicts, Managers' code of conduct, Dispute fees, and others.
Note: BCCG will provide a more comprehensive note on which section comes into force on a section-by-section basis shortly. - Stage 3- 9 May 2024 – 11 sections as set out in the Commencement Order. These include such sections as the Prescription of Documents to be provided to the CEO, Electronic voting section, Funding for LTMPs, The Tribunal's jurisdiction to impose pecuniary penalties, the setting of Legal costs awards and others.
Note: The BCCG will provide a section-by-section analysis of those that will come into force 2 years from the passing of the Act which is in 2024.
We strongly suggest that all members download a copy of the Amendment Act - a link to the legislation is attached here.
The BCCG Executive has prepared two papers which set out what comes into force, when and provide Members some brief commentary about the key issues that are coming into force in each stage. Both papers are available for download on the Member Resources page. Please take the opportunity to review this important material as soon as you can.
If any members have any questions at all about the timing of the various stages they should email the BCCG at bccg@bccg.org.nz and a member of the Executive will attempt to provide an answer.
Kind regards,
Tim Jones
National President
28 October 2022
