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…

Councils on the hook for product liability?

NBR reports that Carter Holt Harvey has issued third party claims against 47 local body councils, alleging breach of duty in the building consent process. The Ministry of Education is suing Carter Holt Harvey in negligence, claiming its Shadowclad plywood cladding product is inherently defective, and has contributed to weathertightness problems in hundreds of school…

James Hardie Representative Action Begins

James Hardie is an international building materials company, specialising in the manufacture of ‘Harditex’, ‘Titan board’ and ‘Monotek’ building cladding products used in the construction of several thousand New Zealand homes and buildings throughout the 1990’s and 2000’s. They are known to be a sophisticated company with a long history of litigation relating to asbestos-related…

Further changes to WHRS Amendment Bill

On 17 July we updated you on the proposed changes to the Weathertight Homes Resolution Services Act 2006 (click here). The Bill is currently being debated by the Committee of the Whole House in preparation for its third (and final) reading. Minister for Building and Housing (Dr Nick Smith) has introduced a supplementary order paper…

Brookfield Multiplex – High Court of Australia on builder’s duty of care

Recently the extent of a builder’s liability in tort has been the subject of a number of judicial decisions in New Zealand. Across the Tasman Australia have been grappling with similar considerations. The High Court of Australia (Australia’s highest court) has recently released a decision concerning builder’s liability for pure economic loss; Brookfield Multiplex Ltd…