26 May 2023
WAIKATO REGIONAL COUNCIL v THE DISTRICT COURT AT HAMILTON [2023] NZHC 1271
- Citation
- [2023] NZHC 1271
- Court
- High Court
Although the current owner is a 'specified person' under s163, s164 requires reasonable grounds that the specified person is themselves contravening or failing to comply with the Act or regulations; that requirement contemplates actions or omissions attributable to the specified person and does not extend to imposing an obligation on an innocent subsequent owner to remedy non-compliant building work carried out by a previous owner; accordingly the notice to fix issued to PHL was not lawfully available and the WRC's review fails.