New Zealand Case Law: Decisions & Judgments

Topic

Building act 2004 s393(2)

Legal area

Court

16 Apr 2014

GPE HOLDINGS LIMITED v TILE 'N' STYLE LIMITED [2014] NZHC 802

Citation

[2014] NZHC 802
Court

High Court

Because BASF's representations were made in the context of persuading GPE to use HLM 5000 on the planned Greta Point decks and balconies (plans existed, at least one deck was flood-tested and BASF supplied products and approved applicator), those representations were work "in connection with" the construction of a building within s 7; accordingly s 393(2) applied and barred GPE's proceedings against BASF commenced more than 10 years after the acts.
21 May 2012

WIGGLESWORTH AND WIGGLESWORTH V AUCKLAND COUNCIL HC AK CIV-2011-404-5043

Citation

openlaw-ba5e5135_3165_474a_b9f4_a7097e59c34a.pdf
Court

High Court

The Court found that substantial construction was practically completed in 1999 so time began to run against the builder for that original construction then and those aspects are time-barred; however the builder carried out relevant remedial work after 27 August 2001 which falls within the ten-year period under s393(2), so summary judgment could not be granted and only post-27 August 2001 work can form the basis of liability in the third party claim.
1 Feb 2008

R T PHILLIPS AND S PHILLIPS V L PETROU AND ORS HC AK CIV 2007-404-1771

Citation

openlaw-0de388fb_2ddd_48d9_811d_a69d731665cb.pdf
Court

High Court

Plaintiffs must plead precise dates of the acts or omissions relied on; latent-defect causes must fall within ten years of the relevant cut-off date to avoid s393(2) Building Act 2004; certain claims tied to the Council requisition of 4 April 1997 (stucco not extending 50mm below floor/ground levels) are not statute-barred; on the present material the Court will not strike out the claims or enter summary judgment and will require amended pleadings and further argument to fix the limitation cut-off date.

New Zealand Case Law

GPE HOLDINGS LIMITED v TILE 'N' STYLE LIMITED [2014] NZHC 802

WIGGLESWORTH AND WIGGLESWORTH V AUCKLAND COUNCIL HC AK CIV-2011-404-5043

R T PHILLIPS AND S PHILLIPS V L PETROU AND ORS HC AK CIV 2007-404-1771