30 Oct 2013
BODY CORPORATE 85978 v WELLINGTON CITY COUNCIL [2013] NZHC 2852
- Citation
- [2013] NZHC 2852
- Court
- High Court
The High Court held that the Tribunal had jurisdiction to consider preliminary removal of individual owners in a representative claim; that the representative's filing for an assessor's report preserves limitation for owners who later join under ss 26–27 so their claims are not time-barred; and that 'dwellinghouse' status (and the exclusions) is to be assessed by intended use as evidenced at the time plans/consents were presented to the territorial authority, so the Quest-leased apartments remained within the Act.