Tucker & Ors as Trustees of the Ngahere Trust v Tucker [pdf, 256 KB]
...penetrate that element to the extent disclosed in any particular case) for the dwelling to be defined as a “leaky building” and for a resulting claim to meet the eligibility criterion under section 7(2)(b). For example, a coat of paint or a protective coating of some description, or a particular cladding material may in some cases be the outermost building element into which, or through which, water has passed, thus qualifying the dwellinghouse concerned as a dwellinghouse into...