TOWNSCAPE AKORANGA LTD v AUCKLAND COUNCIL [2013] NZHC 1623

TOWNSCAPE AKORANGA LTD v AUCKLAND COUNCIL [2013] NZHC 1623

The court determined that the discretionary issues, including whether pursuit of separate civil proceedings disentitles an applicant to financial assistance, had been adequately argued at the April hearing so no further submissions were required on those points; accordingly the court granted leave to amend the pleadings in respect of repair issues, set a timetable for further pleadings and evidence, allocated a one‑day hearing for the repair issues, reserved substantive judgment on the main issues for subsequent delivery, and reserved costs.

Citation
[2013] NZHC 1623
Parties
First Applicant: Townscape Akoranga Ltd; Second Applicants: Townscape Securities Auckland Ltd and Ors; First Respondent / Applicant: Auckland Council; Second Respondent / First Respondent: The Chief Executive of the Ministry of Innovation, Business and Education; Second Respondent: Body Corporate 212138
Court
High Court
Jurisdiction
New Zealand
Judgment Date
1 July 2013
Procedural Posture
Judicial Review and Declaratory Proceedings Under the Weathertight Homes Resolution Services Act 2006 and Related Statutes / Post Hearing (judgment Reserved); Interlocutory Ruling Issuing Directions and Case Management Orders; Separate Hearing Ordered for Repair Issues
Outcome
Interlocutory ruling: leave granted to amend pleadings in respect of repair issues; timetable and directions issued for pleadings, evidence and a further hearing; substantive judgment to follow; costs reserved.
Legal Topics
Financial Assistance Under Weathertight Homes Resolution Services Act 2006, Definition of "dwellinghouse", Power to Bind Territorial Authority to Contributions, Eligibility Criteria Under Gazette Criteria, Discretionary Relief and Disentitlement Due to Parallel Civil Proceedings, Case Management and Stays
Administrative Law Statutory Interpretation Local Government Law Construction/weathertightness Law Civil Procedure Financial Assistance Under Weathertight Homes Resolution Services Act 2006 Definition of "dwellinghouse" Power to Bind Territorial Authority to Contributions +3 more

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Parties

Townscape Akoranga Ltd

First Applicant

Townscape Securities Auckland Ltd and Ors

Second Applicants

Auckland Council

First Respondent / Applicant

The Chief Executive of the Ministry of Innovation, Business and Education

Second Respondent / First Respondent

Body Corporate 212138

Second Respondent

Procedural Posture

Judicial Review and Declaratory Proceedings Under the Weathertight Homes Resolution Services Act 2006 and Related Statutes / Post Hearing (judgment Reserved); Interlocutory Ruling Issuing Directions and Case Management Orders; Separate Hearing Ordered for Repair Issues

Legal Issues

  1. 1 Whether the student accommodation buildings constitute "dwellinghouses" for the purposes of the financial assistance provisions of the Weathertight Homes Resolution Services Act 2006
  2. 2 Whether the Chief Executive has power to commit a territorial authority to make a contribution under the financial assistance provisions without the territorial authority's consent
  3. 3 Whether the applicants met the eligibility criteria published in the New Zealand Gazette and whether repairs carried out without Crown approval affect eligibility

Ratio Decidendi

The court determined that the discretionary issues, including whether pursuit of separate civil proceedings disentitles an applicant to financial assistance, had been adequately argued at the April hearing so no further submissions were required on those points; accordingly the court granted leave to amend the pleadings in respect of repair issues, set a timetable for further pleadings and evidence, allocated a one‑day hearing for the repair issues, reserved substantive judgment on the main issues for subsequent delivery, and reserved costs.

Court Disposition

Interlocutory ruling: leave granted to amend pleadings in respect of repair issues; timetable and directions issued for pleadings, evidence and a further hearing; substantive judgment to follow; costs reserved.

Orders

  • Leave granted to Townscape Akoranga Ltd to amend its statement of claim to add a claim in respect of repair of Blocks A, B and C; amended statement of claim to be filed and served on or before 22 July 2013.
  • Amended statements of defence to be filed and served on or before 5 August 2013.