By Andrew Steele - 10 Nov 2011
The Weathertight Homes Tribunal has determined that the Auckland
Council is solely liable to pay the full amount of damages in a
leaky building case. Auckland Council is to pay the full amount
awarded in respect of four out of the nine units which were the
subject of BOAC v Auckland Council.
Claims against the developer in relation to those units were
dismissed on limitation grounds. This decision shows that
Territorial Authorities may bear the full burden of liability if
claims in respect of acts or omissions by other parties are barred
by s393 of the Building Act 2004.
We represented the claimants in this proceeding.