21 Legal Executives New Zealand Spring 2026 Property Body corporate seeks court approval for extensive rebuild and repair Body Corporate 19330 v Buchanan [2026] NZHC 1829 involved an application to the High Court under the Unit Titles Act 2010 for orders establishing a scheme pursuant to section 74 of the Act. The scheme related to a residential unit title development in Ballarat Street, Queenstown that required rebuilding and repairs due to weathertightness issues and other damage. Paradise Residential Ltd owned two of the units; Craig McLachlan was the director and shareholder of Paradise and the chairperson of the Body Corporate. The complex comprised two buildings constructed in the mid-1980s. The Body Corporate decided to treat the two buildings differently, demolishing and rebuilding the rear complex first and then doing extensive remedial work to the front building. By April 2025, the cost of the work was estimated to total $2.8 million. The Body Corporate decided to apply for an order settling a scheme because of the: REGULAR FEATURE CASES UPDATE l Extensive nature of the repairs l Fact that one building would be demolished and completely rebuilt l Need to obtain the court's approval for additional financial contributions from Units 13 and 14, and the l Desire for an enforceable framework of rights and obligations to provide certainty. Justice Osborne noted that the High Court had broad discretion to make any order required for giving effect to a scheme. Three steps must be considered before granting settlement of a scheme. These were the following: 1. The court must be satisfied the building had been damaged or destroyed 2. It must decide whether a scheme was appropriate in the circumstances, and 3. The court must determine the terms of the scheme. In addition, a scheme with broad support was to be preferred; it should be detailed; and work should normally be done to the same standard and at the same time. Justice Osborne said that the court was satisfied the scheme was supported by the majority of unit owners and the work would benefit all the owners. The scheme was of sufficient detail to provide for the events and circumstances which might arise. An order would be made settling the scheme. Wills High Court validates will prepared by will-maker following brain injury Dean Tuhaka died in August 2025, with his parents having predeceased him and with him having no children. At the time of his death, he was in a de facto relationship with Diann Jamieson who had five children from a previous relationship. The case of Re Estate of Dean Jack Tuhaka [2026] NZHC 1867 involved the question of whether Mr Tuhaka had a valid will, or whether he had died intestate. Mr Tuhaka had suffered a severe brain injury affecting his speech and memory, and had difficulties in understanding and expressing himself through spoken and written communications. His speech therapist said this did not mean that Mr Tuhaka was incapable of expressing thoughts, but he required assistance to do so. The speech therapist and Mr Tuhaka's social worker accordingly assisted Continued on page 22...
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