‘Long stop’ provisions: Making sense of the 10-year limitation period in leaky building claims

The very recent Auckland High Court decision of Kells and Kells v Auckland City Council & Others (CIV-2008-404-1812) had to consider whether the Weathertight...

Judicial review of CCA determinations rare

By Timothy Bates, Legal Vision   In this month’s article I wish to review the decision of Anderson & Another v Swindells & McDowall Renovations Ltd,...

Building policy reform — a summary of proposed MBIE changes, Part 1

Timothy Bates of Auckland law firm Legal Vision previews some of the proposed amendments to the Building Act 2004.

Directors’ statutory duties — the Mainzeal High Court decision

By Tim Bates, Legal Vision   In this month’s article I wish to review some of the findings of the recent Mainzeal High Court decision. The decision...

High Court consideration of retention provisions under the Construction Contracts Act 2002

By Tim Bates and Sabina Boyd, Legal Vision   In the High Court decision of Bennett & Others v Ebert Construction Ltd (In Liquidation), the court...

Building contracts — some terms to be wary of!

Last month Sarah Wray and I had the pleasure of meeting and talking to members of the Southern Branch of the Auckland Registered Master...

High Court considers negligence and misleading conduct for supply of building materials and specifications

By Tim Bates and Sabina Boyd, Legal Vision   In the High Court decision of Urlich v Far North District Council and others (“the council”), the...

What is the definition of ‘building work’?

This article examines a recent High Court decision (GPE Holdings Ltd v Tile ‘N’ Style Ltd v Ors NZHC 802) in which the...

High Court considers council negligence for fallen tree in Queenstown

By Timothy Bates and Sabina Boyd, Legal Vision   In the High Court decision of Plaza Investments Ltd (“Plaza”) v Queenstown Lakes District Council (“the council”),...

Joint and several liability — should it be replaced with proportionate liability?

By Timothy Bates of Auckland law firm Legal Vision   In this month’s article I wish to discuss a long-standing debate as to whether the current...