University of Canterbury v Insurance Council of New Zealand

[2014] NZSC 13

IN THE SUPREME COURT OF NEW ZEALAND

SC 120/2013
[2014] NZSC 13

BETWEEN

UNIVERSITY OF CANTERBURY
Applicant

AND

THE INSURANCE COUNCIL OF NEW ZEALAND INCORPORATED
First Respondent

CHRISTCHURCH CITY COUNCIL
Second Respondent

BODY CORPORATE 423446 (OXFORD BODY CORPORATE)
Third Respondent

Court:	McGrath, Glazebrook and Arnold JJ
Counsel:	T C Weston QC and D A Webb for Applicant D J Goddard QC and T A Spinka for First Respondent D J S Laing for Second Respondent C A McVeigh QC and S T Cottrell for Third Respondent
Judgment:	26 February 2014

JUDGMENT OF THE COURT

The application for leave to appeal is granted on the following question:

Where a building is an earthquake-prone building in terms of s 122(1) of the Building Act 2004, is a council entitled under s 124(1)(c)(i) of the Act to require the building to be strengthened to an extent greater than is necessary to ensure that the building will not have its ultimate capacity exceeded in a moderate earthquake (as defined in reg 7 of the Building (Specified Systems, Change the Use and Earthquake-prone Buildings) Regulations 2005)?

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Solicitors:
MDS Law, Christchurch for Applicant
Jones Fee, Auckland for First Respondent
Simpson Grierson, Wellington for Second Respondent
GCA Lawyers, Christchurch for Third Respondent