15 Jul 2020
Body Corporate 378351 v Auckland Council & Ors [2020] NZHC 1701
- Citation
- [2020] NZHC 1701
- Court
- High Court
Section 37 of the WHRSA does not extend the Building Act 2004 s393 10-year longstop to claims that do not cause or contribute to water penetration; the s32 assessor application only stops limitation for claims based on acts/omissions linked to water penetration. Structural and fire defects pleaded here did not allege water penetration causation and arose before the longstop date (CCC 17 May 2007), so they are statute-barred and the related pleading parts and corresponding third-party claims are struck out.