14 Sept 2012
SAFFIOTI V AUCKLAND COUNCIL HC AK CIV-2012-404-002091
- Citation
- openlaw-50fc3790_e552_417b_86e3_8746ff6f88dc.pdf
- Court
- High Court
Section 50(3) of the Building Act provides a complete defence to claims based on a LIM that merely records a certifier-issued code compliance certificate where the Council acted in good faith in reliance on that certificate; applicants did not plead lack of good faith and s 44A did not impose an actionable duty to state the certifier's identity or reasons for deregistration, therefore the claims lack reasonable prospects of success and leave to appeal out of time is refused.