29 Sept 2021
BATES v AUCKLAND COUNCIL [2021] NZHC 2558
- Citation
- [2021] NZHC 2558
- Court
- High Court
Court found Council breached its inspection duty by failing to detect/report that the consented proposed subfloor ventilation holes had not been installed and should not have issued a code compliance certificate on the evidence, but the plaintiff failed to establish on the balance of probabilities that those breaches materially caused the subfloor damage; O'Hagan did not breach its contractual duties (its scope was limited to timber replacement inspection and PS4) and plaintiff failed to prove causation as against O'Hagan; accordingly plaintiff's negligence claims failed.
- Duty of care of building consent authorities
- Inspection obligations s90 building act 2004
- Alterations to existing buildings s112 building act 2004
- Code compliance certificates
- Producer statement (ps4)
- Subfloor ventilation and e2/as1/nzs3604