Gareth Lewis

Partner

BA/LLB
Fellow of AMINZ (Arbitration)
Admitted 1996

Profile

Gareth has specialist expertise in construction claims, body corporate disputes and civil litigation.  He has over 27 years experience in litigation.

Gareth has acted on many of the leading building defect claims of the past 15 years including the Byron AvenueSunset Terraces and Spencer on Byron cases which proceeded to the Supreme Court and created important legal precedents in the law of negligence.  He also acted for the owners in the Fleet Street, Victopia, Townsend, Oaks Club, Oaks Shores and Gore St claims.

He regularly advises bodies corporate and unit owners on issues arising under the Unit Titles Act.  Gareth has appeared in section 74 scheme applications before the High Court and Court of Appeal including the Uptown Apartments case.

Gareth has acted on a variety of property claims, including claims relating to acquisition of land under the Public Works Act and the Resource Management Act.

Gareth is a Fellow of the Arbitrators and Mediators Institute of New Zealand (AMINZ).  He is able to represent clients in adjudications under the Construction Contracts Act and in building dispute arbitrations.

Gareth uses various forms of dispute resolution, including mediations, adjudications, arbitrations and Court hearings. He has appeared in the Employment Relations Authority, WHT, District Court, High Court, Court of Appeal and Supreme Court, including interlocutory applications, trials, appeals, interim injunction applications and insolvency matters.

Gareth is proactive in his approach to legal issues, ensuring common goals are clearly understood & expectations managed. He takes a commercially realistic, pragmatic approach with clients.

Articles

Australia opens the door for Kiwis to sue overseas insurers - August 2023

Government response to extreme weather conditions - June 2023

Class action law on the horizon - December 2022

Unit Titles: Paying for the actions of former owners - October 2020

Hot tips for body corporate remediation projects - August 2020

Warning signs emerge regarding viability of building guarantee schemes - January 2020

Judicial Decisions

Body Corporate 366567 v Auckland Council [2024] NZHC 32 [30 January 2024] (Gore St) | 30 January 2024 | Download

Gu v Body Corporate 211747 [2018] NZCA 396 [1 October 2018] (Uptown Apartments) | 01 October 2018 | Download

Body Corporate 211747 v Gu & Ors CIV-2011-404-4415 [2017] NZHC 2191 (Uptown Apartments) | 08 September 2017 | Download
NZHC 2191

Body Corporate 346799 & Ors v KNZ International Co Limited & Ors CIV-2012-404-6290 [2017] NZHC 511 (Victopia Apartments) | 22 March 2017 | Download
NZHC 511

Andrews Property Services Limited v Body Corporate 160361 (Fleet Street) | 22 December 2016 | Download
NZCA 644

Body Corporate 160361 v BC 2004 Limited & BC 2009 Limited [2015] NZHC 1803 [31 July 2015] (Fleet Street) | 31 July 2015 | Download
HC AK CIV-2011-404-4890

Messenger & Anor v Stanaway Real Estate Limited & Ors [2015] NZHC 1795 [31 July 2015] | 31 July 2015 | Download
HC AK CIV-2012-404-007205

Judge v Dempsey [2014] | 18 November 2014 | Download
NZHC 2864

Johnson & Ors v Auckland Council Ca139/2013 & Ca350/2013 [2013] | 08 December 2013 | Download
NZCA 662

Body Corporate 207624 v North Shore City Council (Spencer on Byron SC) |11 October 2012 | Download
SC 58/2011

North Shore City Council v Body Corporate 188529 (Byron Avenue/Sunset Terraces SC) & Ors | 17 December 2010 | Download
SC 27/2010

North Shore City Council v Body Corporate 189855 & Ors (Byron Avenue CA) | 22 March 2010 | Download
CA CA506/2008

Body Corporate 189855 & Anor v North Shore City Council & Ors (Byron Avenue HC) | 25 July 2008 | Download
HC AK CIV-2005-404-005561

Creak v Body Corporate 180838 & Ors | 21 April 2008 | Download
HC AK CIV-2005-404-445

Standen v Waitakere City Council & Orsv Waitakere City Council & Ors | 24 April 2007 | Download
DC WAIT CIV:2657/04

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