9 Aug 2016
MINISTER OF EDUCATION (ARANUI HIGH SCHOOL) & ORS v HIGGS CONSTRUCTION LTD & ORS [2016] NZHC 1836
- Citation
- [2016] NZHC 1836
- Court
- High Court
The Court held that s182 does not bar the plaintiffs' High Court proceedings because the matter giving rise to the claim is the physical condition of the Administration Block and alleged negligence, not merely compliance with the building code; while compliance issues could be the subject of an MBIE determination, that procedure is not a mandatory prerequisite to civil proceedings alleging tortious or contractual liability, and Higgs' strike out application was dismissed.