22 Dec 2016
OLIVIA WAIYEE LEE v WHANGAREI DISTRICT COUNCIL [2016] NZSC 173
- Citation
- [2016] NZSC 173
- Court
- Supreme Court
Section 37(1) of the WHRS Act stops the Limitation Act clock from the date an owner files an application for an assessor's report and that effect extends to subsequent court proceedings; filing for an assessor's report is therefore to be treated as the filing of proceedings for Limitation Act purposes, and termination of adjudication under s 60(5) does not of itself extinguish the underlying claim absent termination under s 56, so the High Court summary judgment was set aside.