The Supreme Court considers the interpretation of “built” in s14(a) of the WHRS Act

In Osborne v Auckland Council the Supreme Court found that the interpretation of "built" in s14(a) of the Weathertight Homes Resolution Services Act 2006 should be interpreted in reference to the definition of "building work" in s393 of the Building Act 2004.  Therefore, s14(a) of the WHRS Act only excludes claims where all building work, including certification, occurred more than 10 years before the WHRS claim was registered.

If you have had your WHRS claim rejected on the basis of the built date of the property we recommend you contact us as soon as possible as you may now be eligible to bring a claim in accordance with the WHRS Act.