20 Dec 2012
OSBORNE AND OSBORNE v THE AUCKLAND COUNCIL COA CA650/2011
- Citation
- COA CA650/2011
- Court
- Court of Appeal
For the purposes of s14(a) WHRSA 'built' means completed to the extent required by the relevant building consent, normally evidenced by passing the final inspection; the issue date of a CCC does not, as a general rule, determine WHRSA eligibility and s14(a) is not to be read as aligning with s393 Building Act long-stop provisions; therefore the Osbornes' claim was ineligible and the Sharko trustees' claim was eligible.
- Eligibility under whrsa s14
- Meaning of 'built'
- Long-stop limitation s393 building act
- Code compliance certificate (ccc)
- Judicial review
- Tribunal jurisdiction to sever claims