7 Oct 2011
TURNER V ATTORNEY-GENERAL HC AK CIV-2011-404-003968
- Citation
- openlaw-770992ab_5cec_4d5f_a17d_172a96fb6262.pdf
- Court
- High Court
The claim lodged by Mr and Mrs Peters was not an eligible claim because they were not owners for purposes of s14 and were not authorised to act for Peters Trustee Company Ltd; the Chief Executive erred in amending the claimant to PTC in 2009 because that substituted a new party and defeated the respondent's limitation defence. The proper approach to 'built' is that it refers to physical completion of the work required by the building consent; assessing habitation/final inspection dates is an acceptable practical method but the ownership error was dispositive.