29 Jul 2016
CARTER HOLT HARVEY LIMITED v MINISTER OF EDUCATION [2016] NZSC 95
- Citation
- [2016] NZSC 95
- Court
- Supreme Court
On the pleaded facts the negligence and duty to warn causes were arguable and should not be struck out; the negligent misstatement cause had been wrongly struck out and is reinstated; and Building Act 2004 s393 longstop does not apply to civil proceedings against a manufacturer/supplier founded on negligent design, manufacture or supply of defective building products because those proceedings do not, on their face, 'relate to building work' as defined in the Act; resolution of proximity and policy issues requires trial adjudication.