Insight Time limits for building claims: 10 years or 10 + 2 years? The Supreme Court has released its long-awaited decision of Beca v Wellington City Council regarding whether the Building Act’s 10-year longstop applied to third-party contribution claims. In a 3/2 split, the Supreme Court held that it did not. Read more
Insight When you know you’re out of time The Court of Appeal in Rea v Auckland Council [2024] NZCA 313 dismissed an appeal regarding the strike out of claims under the Limitation Act 2010, clarifying the application of "late knowledge" in determining when a claimant is deemed to have sufficient knowledge to bring a claim. The case emphasized that claimants cannot ignore obvious facts that would prompt a reasonable person to investigate their legal rights. Read more
Insight Decision highlights need for effective limitation of liability clauses Engineers and their insurers can breathe a sigh of relief following the High Court’s recent decision. The Court determined as a preliminary issue that the defendant engineers could rely on their contractual limitations of liability to limit any liability they have to Tauranga City Council (TCC) as the owner of non-residential building. Read more
