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Articles by Jo-Anne Knight
Court of Appeal endorses “plain and ordinary meaning” approach to limitation defences
In Rea & Rea as trustees of the Waiatarua Trust v Auckland Council the Court of Appeal has upheld the High Court’s decision striking out a building defects claim, based on an affirmative defence brought under the Limitation Act 2010 (Act). The Court of Appeal agreed with the High Court that the claim could not be saved by late knowledge, and confirmed a “plain and ordinary meaning” approach to interpreting the relevant provisions of the Act.
Government to introduce Building (Product Certification) Amendment Bill aimed at driving down the cost of building materials
The Government recently announced that it will introduce the Building (Product Certification) Amendment Bill later this year. The bill intends to make changes to the Building Act to ‘reduce red tape’ and increase the availability of building products with a view to lowering the cost of building in New Zealand. In this update we discuss what you need to know about the new bill, and what we believe needs to be carefully examined when it comes to passing the legislation.
High Court decision clarifies approach to loss arising from errors in tender designs
The High Court recently released its decision in CPB Contractors Pty Limited v WSP New Zealand Limited, which provides clarity on the appropriate measure of loss arising from design errors at tender stage. Simpson Grierson acted for the successful plaintiff, CPB Contractors Pty Limited, (CPB).
Offshore manufacturers are liable under Consumer Guarantees Act but obstacles remain for construction claims
In a decision that will be of interest to manufacturers and suppliers of goods to New Zealand consumers, the Court of Appeal confirmed that overseas manufacturers are covered by the Consumer Guarantees Act 1993 (CGA) irrespective of whether they have a place of business in New Zealand. The Court also considered whether products that are incorporated into a building remain covered by the consumer warranties provided by the CGA.
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