Further to Hon. Minister Woods advising us last week that our proposal ‘was in the sausage factory being processed’, we are delighted to confirm our lobbying to government to provide for remote meetings during Covid-19 has had some success. Thanks to Liza Fry-Irvine of Pidgeon Law and our newly appointed SCA(NZ) Deputy President for her persistence!

A brief summary of the proposed UTA amendment:

A bill is being introduced today to amend various Acts, including the UTA 2010. The UTA amendment will allow remote meetings by video link or audio link for the period that the “Epidemic Preparedness (Covid-19) Notice 2020” is in force. That notice is in force for 3 months after its commencement on 25 March, therefore expiring on 25 June. This date will change if the Notice is revoked or extended.

The bill inserts new section 88(3) to (5) into the UTA covering remote general meetings and Committee meetings (see full text below). The bill is at the first stage of the process, so it could change before it’s given final assent and comes into force. (For example, “constitution” used in s88(3)(a) and throughout the bill needs to change to “operational rules” for the purposes of the UTA). Once in force new sections 88(3) to (5) will apply for the duration of the Epidemic Notice only.

Below is the full text of proposed section 88(3) to (5), plus links to the bill, parliament update and Epidemic Notice.

See links

Bill text reads:
Amendment to Unit Titles Act 2010
This schedule amends the Unit Titles Act 2010.
2Section 88 amended (Meetings)
After section 88(2), insert:
(3)
Members of a body corporate may attend a general meeting (and members of a body corporate committee may attend a committee meeting) in person, by audio link, or by audiovisual link despite—
(a)
any limitation or condition on the use of an audio link or audiovisual link that is contained in the body corporate’s constitution; or
(b)
anything to the contrary in this Act or the regulations.
(4)
Subsection (3) applies while the Epidemic Preparedness (COVID-19) Notice 2020 is in force.
(5)
This subsection and subsections (3) and (4) are repealed when the Epidemic Preparedness (COVID-19) Notice 2020 expires or is revoked.