8 Oct 2013
UNIVERSITY OF CANTERBURY V THE INSURANCE COUNCIL OF NEW ZEALAND INCORPORATED CA127/2013 [2013] NZCA 471
- Citation
- [2013] NZCA 471
- Court
- Court of Appeal
s122(1)(a) and (b) are conjunctive: a building is earthquake-prone only if it will have its ultimate capacity exceeded in a 'moderate earthquake' as defined by reg 7 (effectively 34% of the NBS) and would be likely to collapse; therefore s124 notices cannot lawfully require strengthening beyond the 34% NBS threshold and the Christchurch City Council 2010 policy is unlawful to the extent it purports to require work above that threshold; declaration two in the High Court was unsought, procedurally infirm and unclear and is quashed.