October 2012

A recent decision of the Supreme Court has confirmed that the duty of care owed by local bodies to building owners when inspecting residential buildings extends to mixed residential/commercial buildings. The Supreme Court case in Byron does not amount to a finding of negligence against the Auckland Council.  However, the way is now open for building owners to claim and seek to prove negligence against Councils in 'leaky building' cases. The Supreme Court case The case related to Spencer on Byron, a high rise building on Auckland's North Shore containing hotel units and six penthouse apartments. Many owners of the hotel and penthouse units, along...