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Code Compliance Certificate Sufficient Basis for Leaky Building Claim

By Andrew Steele - 30 Aug 2012

The High Court recently confirmed that a claim could proceed against Auckland Council when the only action within the claimable ten-year period was issuing the code compliance certificate.

Associate Judge Bell held in Montgomery v Auckland Council [2012] NZHC 1732 that a claim could proceed even though all of the Council's inspections had taken place outside the ten-year period. There was a case for the Council to answer where the information available to them when considering whether to issue a CCC could be inadequate due to an insufficient inspection regime. 

To date no leaky building case against the Council has gone all the way to trial where the only Council action within time is the CCC. This decision supports what must be the only just outcome: Councils cannot excuse a CCC issued on the back of negligent inspections simply because those inspections are outside the statutory time limits.

Leaky building claims should always be brought as soon as possible in order to capture any potentially negligent actions of the builder and others involved in the construction as well as the Council's inspections. The Montgomery case at least provides some reassurance for homeowners who can only rely on the CCC.

Links:

Montgomery v Auckland Council

Contact:

Andrew Steele

 

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