Auckland’s Unitary Plan — a changing building landscape
I thought for the last article of 2013, I would report back on some key aspects of the proposed Unitary Plan that was notified...
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...
Contractors and subbies better protected under new retention changes
On October 5, 2023, the Construction Contracts (Retention Money) Amendment Act 2023 (Amendment Act) came into force, bringing about significant changes to the way...
Substantial judgement from the case of a leaky school
By Timothy Bates, Legal Vision
This month’s article concerns the May 2018 judgement of the Ministry of Education & Others v H Construction North Island Ltd.
It...
Causation — the difference between an award of cost for full re-clad and targeted...
This case — Chee v Stareast Investment Ltd (2012) NZHC 133 — involved an interim determination concerning an appeal by the Chees against the...
Modular home — letter of credit and status of deposit paid
Proceedings were issued by Ecotech to set aside a statutory demand that had been issued against it by one of its clients, Mr Baumann...
Carrying out building work without a building consent — Tan v Auckland Council
I wish to review the recent decision of Tan v Auckland Council. Mr Tan, the appellant, had been charged by the Auckland Council with...
Can a claim be brought against the BIA?
One party that many commentators have said ought to bear some responsibility for the leaky building problem is the former Building Industry Authority (BIA)....
How far does a duty of care extend and what is required to mitigate...
September 29, 2004, but practical completion did not occur until April 4, 2005.
In the latter part of 2004, as a result of...
Duties and obligations of an adjudicator under the CCA
The recent Auckland High Court decision of Braysse & Maren Tayler v Christoper Lahatte and Northspan Construction Ltd (CIV-2007-404-6843) illustrates the importance of adjudicators...