Strickland v Gaensicke [2011] NZWHT Auckland 46 [pdf, 273 KB]
...consequence of it being a leaky building. Proof of such damage then provides the adjudicator with jurisdiction to determine issues of liability (if any) of other parties to the claim and remedies in relation to such liability... [66] The Court of Appeal in Byron Avenue3 accepted that the Council owed a duty of care in its inspection even before the final inspection and issuing a Code Compliance Certificate. It stated: [59] ...I consider that the Hamlin principle imposes on...