Built Date (follow up)

In Auckland Council v The Chief Executive of the Ministry of Business, Innovation and Employment & Anor [2013] NZHC 1108 the High Court considered the question of when a house was "built" under the WHRS Act 2006.  Auckland Council submitted the present case could be distinguished from Osborne v Auckland Council.  Katz J held the Chief Executive was wrong to find the house was "built" when it passed its final inspection because it failed its first final inspection in a "trivial" way and was therefore "built" at that date (at the latest).  Despite the finding, Auckland Council could not show there was clear evidence the house had been built before the relevant date for eligibility purposes. Accordingly, Auckland Council's application for judicial review was dismissed.
The High Court dismisses Auckland Council’s application for judicial review despite holding the house failed its final inspection in a trivial way.