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…

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…

Just another non-compliant payment claim

Over a year ago, we reported on a High Court case that provided valuable lessons around contract documentation, valid payment claims and the threshold for summary judgment. The case, CJ Parker Construction Ltd v Ketan [2015] NZHC 2421 revolved around whether CJ Parker had served a valid payment claim on Ketan. The High Court decided…

Different tales from the prefab space

Over recent weeks there have been two articles in relation to prefab/modular construction. The first is a positive one about the increasing use of shipping containers as housing and retail options, much to the delight of container companies like royal Wolf (article here). The second is a less positive piece on the collapse of ABT…

New legislation addresses ‘earthquake-prone’ buildings

In response to recent earthquakes, the government has responded with legislation aimed at improving New Zealand’s resilience. Hon Dr Nick Smith highlights a key component of the strategy being the development of ‘suitable regulatory requirements for identifying and upgrading those older buildings that are significantly below today’s requirements for seismic resistance’. The Building (Earthquake-prone Buildings)…

Student flat issues – do they ever stop?

  In March 2016, 18 people were injured when a balcony gave way at a student flat in Dunedin. The collapse occurred during a free, impromptu concert put on by Six60, a former Dunedin band who until recently played annually at their Castle Street flat in homage to their student origins. Unfortunately, along with five…

Pop-up Globe gets its onion dome

In February 2016, the world’s first full scale temporary working replica of the second Globe, the theatre Shakespeare and his company built to stage his plays, popped up in Auckland and created quite a sensation. The 2016 season ran for 12 weeks with 128 performances and sold over 100,000 tickets. It was extended twice due…