New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Building consent and inspections

Legal area

Court

7 Mar 2022

JOHNS v HAMILTON CITY COUNCIL [2022] NZHC 379

Citation

[2022] NZHC 379
Court

High Court

The Court held that water ingress arose from multiple construction defects (notably parapet/cap flashing workmanship and details, rivet sealing, saddle flashings, deck membrane sequencing, balustrade fixings, window to cladding junctions and insufficient cavity ventilation). Hamilton City Council breached its duty in inspecting and in failing to require adequate consent details in several respects; Garth Davey breached duties as developer and supervising builder. Primary responsibility for roof-related defects lay with the roofing subcontractor (NLR) and supervising roofing contractor (Westga…
2 Jun 2015

LEE v AUCKLAND COUNCIL & ORS [2015] NZHC 1196 []

Citation

[2015] NZHC 1196
Court

High Court

The Tribunal erred in removing Auckland Council because appellants advanced a tenable negligence claim with expert evidence on duty, breach and causation that could not be finally determined on the limited material before the Tribunal; the causal relationship and effect of the appellants' failure to obtain a LIM are matters for full hearing; removal under s112 was premature and unfair, therefore appeal allowed and Council reinstated.