Test case no precedent
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.