14 Jun 2016
AUCKLAND COUNCIL v WEATHERTIGHT HOMES TRIBUNAL [2016] NZCA 256
- Citation
- [2016] NZCA 256
- Court
- Court of Appeal
Section 141(4) applies to the new multi-unit complex claim as a whole such that, where a 2002 Act claimant withdraws to join a new claim and the new claim is brought within one year, section 37 treats the new claim as if it were brought on the date of the withdrawn 2002 Act claim; accordingly the new claim does not have to independently meet the s 16(a) 10-year eligibility window in that circumstance and all claimants in the new claim benefit from the preserved date.