High Court considers the duty of Council when a private certifier applies for a consent

24 February 2014

Court Decisions

In Body Corporate 331094 v The Landings Parnell Ltd, the HC refused to strike out the plaintiffs’ claim that the Council owed the owners a duty of care to ensure the private certifier (Compass) was acting within its authority when it issued the building consent for the property.  In applying McNamara v Auckland City Council (Supreme Court) the judge accepted there may be an arguable claim against the Council for failing to identify that the building consent issued was outside of Compass’ scope of authority.