By Alden Ho - 2 Sep 2018
The High Court has clarified when builders are to provide
their record of work. In overturning the District Court's
decision1
, the High Court held that a builder's record of work was not
dependent on section 87 of the Building Act.
Section 87 provides that an owner must inform the building
consent authority of the names of any licensed building
practitioners (LBPs) engaged to carry out or
supervise the building work.
The Court held that the obligation to provide a record of work
should be read on its own having regard to the purpose of the
Building Act 2004.
In particular, the Act aims to promote accountability of
builders and to increase the regulation of building work. This is
consistent with a plain meaning reading of the provision to provide
a record of work.
The result of the High Court's decision is that a builder's
obligation to provide his or her record of work arises when the
building work is complete. This is irrespective of the owner
informing the building consent authority of the names of the LBP
involved.
In respect of when the building work is complete, this has been
interpreted to mean the time when the builder has completed his or
her portion of the work rather than the completion of the entire
project.
Contact Alden
Ho or one of our Construction Law specialists if you have any
queries.
1 MBIE v Bell [2018] NZHC 1662