An Auckland couple has been granted leave to take their leaky home fight to the Supreme Court where the Weathertight Homes Act will be scrutinised for the first time.
A claim by John and Helen Osbourne against Auckland Council was previously deemed invalid, because they lodged it after the 10 year deadline for leaky homes claims.
But they are arguing the time should start from when the code of compliance was issued, not when the building work was completed.
If they are successful in their appeal, Lawyer Tim Rainey said it could open the door for potentially thousands of others whose claims also fall outside the 10-year time limit.
Mr Rainey said it is common for there to be a delay from when a building is completed, to a code of compliance being issued by the council.
The Supreme Court will hear the appeal later this year.