3 Aug 2010
AUCKLAND CITY COUNCIL V PETER HARDIE MCNAMARA AND PATRICK STURGEON MCNAMARA AS TRUSTEES OF THE P H MCNAMARA FAMILY TRUST CA CA457/2009
- Citation
- openlaw-006d0ac4_f23b_4589_a3ae_26a90de548ce.pdf
- Court
- Court of Appeal
The Council was not liable in negligence because the statutory scheme allows owners to elect a private certifier and relieves the territorial authority of inspection responsibility absent an assumption of duty or actual knowledge that the certifier lacked authority; the trustees elected the certifier and did not notify the Council under s57, so no duty to backstop existed; summary judgment for the Council was therefore appropriate.