9 Sept 2011
OSBORNE AND OSBORNE V AUCKLAND CITY COUNCIL HC AK CIV-2010-404-006582
- Citation
- openlaw-d159eb73_504f_402b_9f93_a72f6983605c.pdf
- Court
- High Court
The correct construction of s14(a) of the WHRS Act is that a dwellinghouse is 'built' when the physical building work required by the consent is completed; issuance of a code compliance certificate is a separate approval function and does not constitute the completion date for s14(a); applying that meaning the appellants' house was physically completed by 15 August 1996 and the claim filed on 14 February 2007 was outside the 10-year eligibility period, therefore the Chair's eligibility decision stands and the Tribunal correctly removed the Council as there was no arguable cause of action agai…