Test case no prece­dent

North Harbour News - - NEWS -

A failed court case over North Shore leaky homes doesn’t set a new prece­dent and is un­likely to im­pact on rates, the Auck­land Coun­cil says.

In a test case, the Supreme Court ruled in favour of own­ers of leaky homes and re­jected an ap­peal by the for­mer North Shore City Coun­cil over its ir­re­spon­si­bil­ity.

Con­trary to the coun­cil’s ar­gu­ments, the court said it owed a duty of care to own­ers in large scale de­vel­op­ments.

It also con­firmed the onus was on the coun­cil to en­sure the build­ings com­plied with the build­ing code, but the coun­cil’s in­spec­tor had failed to no­tice and re­spond to de­fi­cien­cies.

The 12-unit By­ron Ave apart­ments in Taka­puna and the 21-unit Sun­set Ter­races in Mairangi Bay suf­fered badly from leaks and the own­ers had long bat­tles through the courts.

Auck­land coun­cil­lors will be briefed on leaky homes is­sues next month.

Auck­land Coun­cil chief ex­ec­u­tive Doug McKay says the Supreme Court j udge­ment reaf­firmed cur­rent case law.

Mr McKay says leaky homes have been a tragedy for many home­own­ers but the govern­ment’s fi­nan­cial as­sis­tance pack­age is ex­pected to be avail­able this year.

Newspapers in English

Newspapers from New Zealand

© PressReader. All rights reserved.