Posts Tagged ‘Code Compliance Certificate’

Lee & Lee v Auckland Council: Council negligent by omission to issue a Notice to Rectify

In this month’s article I address a new leaky building decision which went on appeal to the High Court from the Weathertight Homes Tribunal (WHT).  I summarise the facts of this decision below:- GIL was the developer and head contractor of this house which was constructed in 2002/2003; The consent plans detailed a solid plaster [...]

Leaky Building Claim fails against Vendor, Council and Builder.

Timothy Bates and Katrin Saran Lee of Auckland law firm Legal Vision examine a recent High Court decision (Hooft Van Huijsduijnen & Anor v Woodley & Ors [2012] NZHC 2685) in which the High Court was required to consider (on appeal), a claim in negligence against the Council, the builder, and a claim for breach [...]

Project manager plays Russian roulette with council and wins

Written By: Tim Bates Tim Bates of Auckland law firm Legal Vision presents a case where a smaller party in a leaky building claim tested the willingness of a council to proceed against it after settlement was reached with other parties. Leaky building claims often head down a well trodden track. Proceedings are issued in [...]

Limitation period for third party contribution

Written By: Chadleigh Danswan Chadleigh Danswan of Auckland law firm Legal Vision examines the recent High Court decision concerning limitation periods applying to third party claims for contribution. Overview On September 24, 2004, a leaky building claim was brought by the Body Corporate and unit owners of an apartment complex located at 8 Farnham Street, [...]

Lake v Bacic — Successful appeal against Weathertight Homes Tribunal decision

Written By: Tim Bates Tim Bates of Auckland law firm Legal Vision further examines duties of care in the Lake v Bacic case where a Weathertightness Homes Tribunal decision was successfully appealed The Bacics, recent immigrants to New Zealand, purchased a unit at the plan stage, in a group of eight that were constructed between [...]

Council fails to escape liability

In July 2009, the High Court at Auckland heard the leaky home case of Peter Hardie McNamara and Patrick Sturgeon McNamara v Malcolm J Lusby Limited & Ors HC AK CIV2006-404-2967 [3 July 2009]. Whilst a private building certifier had issued the Code Compliance Certificate for the leaky home subject to this proceeding, the homeowners [...]