28 Sept 2011
AUCKLAND COUNCIL V RYANG HC AK CIV 2011-404-002570
- Citation
- openlaw-50343734_e19b_4fa2_aa9a_8607a74d93a4.pdf
- Court
- High Court
Given the known risk of leaky buildings and the susceptible materials used, it was negligent for the Council inspector to clear the cap flashings without checking compliance with applicable industry or proprietary standards or confirming conformity with the consented plans; similarly, tolerance of top-fixing of balustrades was negligent in the 2003 context. Accordingly the High Court upheld the Tribunal's finding of negligence against the Council.