28Party wall certificates

1. Kāinga Ora–Homes and Communities may at any time issue a party wall certificate in respect of a party wall in any building if—

2. the building was erected or acquired for State housing purposes; and
3. the party wall separates 2 or more separate dwellings within the building; and
4. 1 or more of the separate dwellings have been disposed of by way of sale under this Part or under the provisions of any corresponding former enactment.

5. Every such party wall certificate shall—

6. be executed by Kāinga Ora–Homes and Communities:
7. specify the party wall to which the certificate relates, the land which is the site of the wall, the separate dwellings of which the party wall forms part, and the land appurtenant to those dwellings:
8. specify the dwelling or dwellings which have been disposed of by way of sale under this Part or under the provisions of any corresponding former enactment:
9. have endorsed thereon or refer to a diagram showing the party wall, dwellings, and land specified in the certificate.

10. While any party wall certificate remains registered in accordance with section 29 against the titles to the land to which the certificate relates, unless the certificate otherwise provides, the following provisions shall apply:

11. the owner for the time being of any land on which any part of the party wall forming part of his dwelling is situated shall have the full, free, and uninterrupted right to the use and enjoyment for the purposes of a party wall of any other land shown in the certificate as part of the site of the party wall, and of the portion of the party wall erected on that land:
12. the maintenance, repair, and reinstatement of the part of any party wall which separates any 2 dwellings shall be borne and done at the joint expense of the owners of the land on which those dwellings are situated, unless any such work has been rendered necessary by the act or default of either of those owners alone, in which event the owner responsible or in default shall bear the whole cost thereof:
13. no owner of any land on which part of any party wall is situated shall, without the consent of the owner of every piece of land on which any other part of the party wall is situated, make any addition to the party wall or impose any additional weight upon it or otherwise expose it to risk of damage.