9 May 2012

Council wins leaky building case

1:35 pm on 9 May 2012

A homeowner has lost a leaky building claim against the former Auckland City Council after taking it to the Supreme Court.

The court has ruled the council did not know a private building certifier had lost its authority to approve the multi-million dollar house, which later leaked.

The case centred on a newly-built home in Remuera which the owner bought for $3.6 million in 2004.

Private certifier ABC lost the authority to certify the particular construction method used in the house before it finally approving the building

The home-owner had sought costs from Auckland City Council, arguing that it should have known the firm had no authority to finally approve the building.

In an earlier ruling the Appeal Court rejected the homeowner's claim because the owner had opted to use a private certifier rather than the council.

In a majority ruling the Supreme Court, backed that finding.