Court of Appeal rejects claim of negligent misstatement for code compliance certificate

Last week the Court of Appeal released their decision for the case of Invercargill City Council v Southland Indoor Leisure Centre Charitable Trust. This case arose from the collapse of the roof of the Invercargill community courts in 2010. The Trust, who owns the building, claimed the Council was negligent in issuing a code compliance…

Alternative to new retentions regime confirmed

The House of Representatives has today given final approval to the Regulatory Systems (Commercial Matters) Amendment Bill (the ‘Bill’) which will become law on or before 31 March of this year. As we advised in our earlier post, the Bill has had no further changes through the latter half of the legislative process. So what…

Nearly There – New Retentions Regime

The new retentions regime, which has been the subject of much discussion lately, has passed another hurdle and is well on the way to becoming law by 31 March. Yesterday, Parliament successfully passed three omnibus bills through their second reading which included the Regulatory Systems (Commercial Matters) Amendment Bill (the ‘Bill’). The Bill contains the ‘retentions protected by a complying…

An alternative to the CCA retentions regime

This blog post has been written by Stuart Robertson, a Partner in Kensington Swan’s construction team.  The CCA retentions regime comes into effect on 31 March 2017 – yes in 3 weeks’ time! While the Bill currently before Parliament was meant to correct the transition date (the new regime should only apply to new contracts…