Unit Owner Wins Right to Body Corporate Documents

OUTCOME: Allowed

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[2026] NZTT 9071365

TENANCY TRIBUNAL AT PAPAKURA | TE TARAIPIUNARA RETIHANGA KI PAPAKURA

APPLICANT: [redacted] Owner

RESPONDENT: [redacted] [NAME_3]: Unit/Flat 209 & 802, [ADDRESS], [POSTCODE], Pacific Apartments

ORDER

1. Subject to the applicant paying or undertaking to pay reasonable costs for the production of the requested documents, the respondent is to provide:

a. invoices from its solicitor [NAME_4] to [NAME_3],

b. invoices from [COMPANY_5] to [NAME_3], and

c. the original engagement contract between [NAME_3] and [NAME_4],

within 14 days of the applicant paying or undertaking to pay reasonable costs for the production of the requested documents.

2. The documents listed above may be redacted by [NAME_3] on grounds of privilege and/or other relevant considerations, where appropriate.

3. Leave is given to the applicant to make further submissions on order [1] above by 5pm on 5 June 2026, otherwise order [1] above will be final.

Reasons:

1. Only counsel for [NAME_3] and [NAME_3] manager attended the hearing. The applicant did not appear.

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2. The applicant had earlier sought leave for the application to be decided on the papers. The applicant filed written submissions ahead of the hearing.

3. [NAME_3], through counsel, has today filed written submissions about an hour before the hearing. Counsel and [NAME_3] manager also had opportunity to make oral submissions before me.

4. In this proceeding, the applicant, as a unit owner, seeks release of the following records and documents from [NAME_3]:

a. invoices from their solicitor [NAME_4] to [NAME_3],

b. invoices from [COMPANY_5] to [NAME_3], and

c. the original engagement contract between [NAME_3] and [NAME_4].

5. Section 206(1)(g) Unit Titles Act 2010 (‘UTA’) obliges [NAME_3] to make copies, on request of the unit owner, records and documents “available for purchase by the unit owner” if [NAME_3] “thinks it is reasonable in the circumstances to provide”.

6. Section 206(2) UTA provides:

The copies must be made available within a reasonable time, and [NAME_3] may charge any reasonable costs incurred in providing the records and documents.

7. It is clear from the words “available for purchase” and “charge reasonable costs” in section 206 that disclosure of the relevant records and documents is subject to a unit owner paying reasonable costs to [NAME_3] before they are obtained and released.

8. The written submissions filed by counsel for [NAME_3] indicate that they are amenable to providing the requested documents, subject to counsel (and [NAME_3]) reviewing them and if necessary, redacting them, before releasing copies of the redacted records and documents to the applicant.

9. In [NAME_6] v [NAME_3] 85659 [2018] NZHC 150, the High Court scrutinised disclosures of [NAME_3] records and held that [NAME_3] may redact certain information on grounds of privilege.

10.At [13] Churchman J said:

While the majority of the redacted portions provide details such as fees paid to lawyers and that responses had been drafted, there are some redacted sections which go into greater detail with regards to preparation for the proceedings and others in which emails from the lawyers had been copied and pasted into the financial statements.

11.Because provision of “an unredacted copy of these pages would be revealing the lawyer’s legal advice to the defendant,” the High Court held that these items should remain redacted.

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12.Following those principles, I order the production of records and documents as requested by the applicant.

13.However, the email requests and responses filed by the applicant indicate that [NAME_3] and their counsel have asked the applicant to confirm that the applicant undertakes to pay for costs to produce documents but there is nothing before me to indicate that the applicant was prepared to pay reasonable costs as stipulated under section 206 UTA.

14. I therefore make an order for the disclosure of records and documents subject to the applicant paying or undertaking to pay reasonable costs for the documents.

15. I note that [NAME_3] counsel’s submissions annexed [NAME_4]’s notional letter of engagement which may suffice for the applicant. If not, the applicant should make another request with counsel, confirming his willingness to pay reasonable costs for their production of the actual, historic letter of engagement.

16. I find it reasonable for counsel and other parties, including accountants, to spend time in reviewing and potentially redacting certain information before releasing the requested records and documents to the applicant. Reasonable costs incurred for time reviewing and redacting the information prior to the production of documents must be paid by the applicant.

17. I agree with [NAME_3]’s submission that there may be items which are considered privileged or commercially sensitive or contain personal information relating to other unit owners or which the committee in the circumstances may reasonably considers should not be disclosed to the applicant.

18.Because of the applicant’s absence at today’s hearing, I will accord the applicant an opportunity to make further written submissions to me on order [1] above before I render it final.

19.Should further submissions be filed by the applicant, I give leave to counsel for [NAME_3] to file brief responses (within 7 days) after which I will issue a final determination, on the papers.

J Tam 29 May 2026

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Please read carefully:

SHOULD YOU REQUIRE ANY HELP OR INFORMATION REGARDING THIS [COMPANY_7] [PHONE].

MEHEMA HE PĀTAI TĀU E PĀ ANA KI TENEI TAKE, PĀTAI ATU KI TE [COMPANY_7] [PHONE].

AFAI E TE MANA’OMIA SE FESOASOANI E UIGA I LENEI MATAUPU FA’AMOLEMOLE IA FA’AFESO’OTAI’I LOA LE OFISA O LE [COMPANY_7] [PHONE].

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The only ground for a rehearing of an application is that a substantial wrong or miscarriage of justice has or may have occurred or is likely to occur. Being unhappy or dissatisfied with the decision is not a ground for a rehearing. (See ‘Right of Appeal’ below).

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If you are dissatisfied with the decision of the Tenancy Tribunal, you may appeal to the District Court. You only have 10 working days after the date of the decision to lodge a notice of appeal.

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1. Against an interim order made by the Tribunal. 2. Against an order, or the failure to make an order, for the payment of money where the

amount that would be in dispute on appeal is less than $1,000. 3. Against a work order, or the failure to make a work order, where the value of the work

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Failure to comply with any order may result in substantial additional costs for enforcement. It may also involve being ordered to appear in the District Court for an examination of your means or seizure of your property.

http://www.justice.govt.nz/fines/civil-debt