Auckland Council, James Hardie in leaky building appeal 9 Feb 2016
Related articles
- NZ consumers grow more upbeat, may resume spending Business
- Trams to make a comeback on Auckland’s streets News
- Knowles quits as CEO of KiwiBank Business
- NZ migration bolstered by British invasion Migration
- NZ manufacturing activity reaches highest since 04 Business
- NZ dollar hits 22-month high vs euro Business
- OceanaGold finds new gold deposits at Fraser mine Business
- Transpower gets go-ahead for $170m SI upgrade Business
- NZ home sales creep up in March, still subdued Property
- Actions For Young Driver Safety Get Green Light News
Auckland Council, James Hardie appeal ruling on leaky building claim made beyond 10-year limit
By Sophie Boot
Feb. 9 (BusinessDesk) - Auckland Council and James Hardie New Zealand have argued in the Court of Appeal today against a High Court ruling that apartment owners could join a leaky building lawsuit after the expiry of the 10-year limit on claims by piggybacking on claimants within the same complex who had met the deadline.
On Sept. 1 last year, Justice Patrick Keane ruled 15 unit owners from Oteha Valley Estate, an 18-unit residential complex at John Jennings Drive, Albany, were able to pursue a multi-unit complex claim by joining claims made by two unit owners within the 10-year limit of the building being completed. The complex suffered water damage estimated to cost $2.84 million to repair.
The code compliance certificate for the complex was issued on May 3, 2000, but the multi-unit complex claim was made on on Nov. 9, 2012. A further complication was that the two unit owners who claimed within the 10 year period withdrew their claims on the advice of the Ministry of Business, Innovation and Employment, to join the multi-unit complex claim.
Justice Keane had ruled that the date the earlier of the two individual claims was brought should be considered the date the multi-unit complex claim was brought. He said the wording of the Weathertight Homes Resolution Services Act 2006 deemed the new, multi-unit complex claim to have been brought on the date on which the earlier withdrawn, individual claim was commenced.
Appealing that decision today, Auckland Council counsel Stephen Price said the wording of section 37 of the legislation showed any claim must have been brought by the 10th anniversary of the code compliance certificate being issued, and "nothing in other sections can be read as damaging that."
Price said the Weathertight Homes Act was "not about granting paramouncy of money recovery," rather it was about making the claims process efficient.
Tim Rainey, counsel for the body corporate, said if an existing individual claimant joined a new claim, the filing date for the existing claim applied to the new claim.
Justice Ellen France, who is president of the Court of Appeal, asked Price whether the end result of his argument was that some parts of the complex would be repaired using money from individual claims, and the balance not.
Price said there would be some owners who would be able to recover money, and some who would not, because those owners did not bring a claim within their time limit.
Justice France also asked whether the two claimants who had withdrawn their claims to join the multi-unit claim, on the advice of the chief executive of the MBIE, would be able to continue with those individual claims if it was ruled that the multi-unit claim was not able to be pursued. Price said he was unsure, and said he would consult with James Hardie New Zealand.
Justices France, Lynton Stevens, and Helen Winkelmann reserved their decision.
(BusinessDesk)
News
Hilary Timmins' Award-Winning UK Documentary Series To Inspire NZ Students
29 Jun 2020 Education
Dream Catchers, produced and directed by Hilary Timmins, celebrates the success stories of more than thirty inspirational New... more
New Zealand reaffirms support for Flight MH17 judicial process
7 Mar 2020 News
Ahead of the start of the criminal trial in the Netherlands on 9 March, Foreign Minister Winston Peters has reaffirmed the need to... more
Business
NZ Government's Economic package to fight COVID-19
17 Mar 2020 Business News
The Coalition Government has launched the most significant peace-time economic plan in modern New Zealand history to cushion the... more
NZ Government announces aviation relief package
19 Mar 2020 Business News
Transport Minister Phil Twyford today outlined the first tranche of the $600 million aviation sector relief package announced earlier... more
Living
Diversity was Key at New Zealand Trade Tasting in London
6 Jun 2022 Food & Wine
New Zealand Winegrowers Annual Trade Tasting was recently held in London, on Wednesday 4 May, in Lindley Hall.
It was the first... more
Kiwi author stuns Behind the Butterfly Gate
12 Jan 2022 Arts
Hidden behind the Butterfly Gate is where the secret has been kept for 76 years...
New Zealand writer Merryn Corcoran’s... more
Property
Fairer rules for tenants and landlords
17 Nov 2019 Property
17 NOVEMBER 2019
The Government has delivered on its promise to the over one million New Zealanders who now rent to make it fairer... more
New Zealand Government will not implement a Capital Gains Tax
17 Apr 2019 Property
The Coalition Government will not proceed with the Tax Working Group’s recommendation for a capital gains tax, Jacinda Ardern... more
Migration
Boosting border security with electronic travel authority – now over 500,000 issued
19 Nov 2019 Migration
19 NOVEMBER 2019
We’ve improved border security with the NZeTA, New Zealand Electronic Travel Authority, which helps us to... more
Christchurch reinstated as refugee settlement location
18 Aug 2018 Migration
18 AUGUST 2018
HON IAIN LEES-GALLOWAY
The announcement that Christchurch can once again be a settlement location for refugees... more
Travel
Gallipoli Anzac Day services cancelled
19 Mar 2020 Travel & Tourism
The New Zealand and Australian Governments have announced this year’s joint Anzac Day services at Gallipoli will be cancelled... more
New Zealanders advised not to travel overseas
19 Mar 2020 Travel & Tourism
New Zealanders advised not to travel overseas
more
Sport
The Skipper's Diary: Sir Richard Hadlee honouring his father and NZ's Forty-Niners
27 Oct 2019 Cricket
NZNewsUK London Editor Charlotte Everett spoke to Sir Richard Hadlee about why he’s chosen to publish his father’s... more
PREVIEW: All Blacks v England semi-final
26 Oct 2019 Rugby
The two most convincing quarterfinals winners are set to square off in a semifinal showdown for the ages when the All Blacks meet old... more
Columns
Gordon Campbell on the Gareth Morgan crusade
11 Nov 2016 Opinion
Gordon Campbell on the Gareth Morgan crusade
First published on Werewolf
The ghastly likes of Marine Le Pen in France and Geert ... more
Gordon Campbell on the US election outcome
10 Nov 2016 Opinion
Column - Gordon Campbell
Gordon Campbell on the US election outcome
Well um.. on the bright side, there (probably)... more
Kiwi Success
Congratulations to Loder Cup winner
26 Sep 2018 People
25 SEPTEMBER 2018
The Loder Cup, one of New Zealand’s oldest conservation awards, has been awarded to Robert McGowan for 2018... more
Appointments to New Zealand National Commission for UNESCO
16 Aug 2018 Appointments
16 AUGUST 2018Appointments to New Zealand National Commission for UNESCO
HON JENNY SALESA
Associate Education Minister Jenny Salesa is... more
Recruitment
Historic pay equity settlement for education support workers
14 Aug 2018 Recruitment
14 AUGUST 2018Historic pay equity settlement for education support workers
RT HON JACINDA ARDERN
HON CHRIS HIPKINS
Prime Minister
The... more
Historic pay equity settlement for education support workers
22 Aug 2018 Recruitment
14 AUGUST 2018Historic pay equity settlement for education support workers
RT HON JACINDA ARDERN
HON CHRIS HIPKINS
Prime Minister
The... more