| IN THE COURT OF APPEAL OF NEW ZEALAND |
| CA619/2010 [2012] NZCA 52 |
| BETWEEN MICHAEL JOHN SCANDLE |
| AND FAR NORTH DISTRICT COUNCIL |
| Hearing: 12 October 2011 |
| Court: Chambers, Ronald Young and Andrews JJ |
| Counsel: R J Katz QC and J D Turner for Appellant |
| Judgment: 1 March 2012 at 2 pm |
JUDGMENT OF THE COURT
A The appeal is dismissed.
B The appellant must pay the respondent costs for a complex appeal on a band A basis and usual disbursements.
REASONS OF THE COURT
(Given by Chambers J)
Table of contents
Para No
Defective construction of a holiday home in Kerikeri [1]
Issues on the appeal [12]
Was the Council’s failure to require a geotechnical report prior to the
issue of the first building consent causative of Mr Scandle’s loss? [22]
Was the Council negligent in permitting building in January 2001
without requiring the “overburden” to be removed? [35]
Was the Council negligent in not following through on its notice
to rectify? [45]
Was the Council negligent in not checking Nationwide’s reports? [48]
Result [56]
Defective construction of a holiday home in Kerikeri
Corina and Michael Mullane owned a piece of land on Doves Bay Road, Kerikeri. They wanted to build a holiday home on it. Mr Mullane intended to build it himself. The Mullanes had plans drawn for a two-storey home.
In September 2000 Mr Mullane applied to the Far North District Council, the respondent, for a building consent. In due course the Council granted it. Mr Mullane started work.
On 10 November 2000, Mark Christiansen, a Council building inspector, inspected the building work. He found much that was wrong with it. He issued a notice to rectify under s 42 of the Building Act 1991. The effect of such a notice was to require the builder to stop all work until the matters specified in the notice were fixed up.
Mr Mullane, on receiving the notice, engaged the services of a firm of consulting engineers, PK Engineering Limited. PK issued a report detailing the problems. They recommended a new design for the building. Mr Mullane also got Total Design Limited involved. Total Design was a company providing building and landscape design services. Between them, PK and Total Design came up with new plans for the house. The new house was to be only one storey. PK and Total Design submitted the new plans to the Council on 12 January 2001. Total Design also advised the Council that Mr Mullane had engaged a private certifier to inspect and certify the rest of the building work. Under the 1991 Act, the inspection and certification of building work for compliance with the building code[1] and the 1991 Act could be done by either a council building inspector or a private certifier. Under the Act, each was authorised to issue a code compliance certificate. The purpose of such a certificate was to provide assurance to those using the building and future purchasers…
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- Case
- [2012] NZCA 52
- Decision Date
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