KiwiLawyers

         KL Blog....

  • KL Home
  • Taufil Omar
  • Terms of Engagement
  • Trust Account
  • Contact
  • KL Blog
  • Client Testimonials
  • Publication
  • Sponsorship

22/2/2015

What the Supreme Court says to upgrades to 67% of the National Building Standards?

0 Comments

Read Now
 
At the end of last year, the Supreme Court in University of Canterbury v Insurance Council of NZ Inc [2014] NZSC 193 reached an interesting decision. 

You may read more at:- http://www.stuff.co.nz/business/industries/64385835/Councils-can-t-force-seismic-strengthening-court-says

The gist is that the building has to be at least 33% of NBS and owners/ insurers cannot be forced to take this to 67% of the NBS.  This may have affected the building consent process with the higher requirement which has now been clarified to be lower despite a council having a policy of requiring a higher percentage. 

Please note the obligations under the Health & Safety in Employment Act 1992 may come into play in conjunction with the Building Act 2004.  For instance owners may be liable under the former legislation due to non compliance with the later Act. 

As for tenants as well as landlords, depending on the hat one wears, the lease agreement should address this matter if the building requires strengthening works to comply.  Tenants need to know what their obligations are in terms of payments to the landlords.  Likewise, landlords cannot unilaterally increase the strengthening requirement and expect the tenant to pay for this.  Thus, it is important that the lease agreement is drafted to clarify matters.  Tenants may want to do a proper due diligence to confirm any outstanding issues with a building to comply with the NBS. 

Share

0 Comments
Details

    Taufil Omar

    I have been in the legal industry for over a decade and have broad range of experience and skills.

    Archives

    September 2020
    April 2020
    March 2020
    December 2019
    November 2019
    September 2019
    August 2019
    May 2019
    August 2018
    July 2018
    August 2017
    May 2017
    March 2017
    December 2016
    September 2016
    August 2016
    July 2015
    June 2015
    February 2015
    December 2014
    November 2014
    September 2014
    July 2014
    April 2014
    March 2014
    July 2013
    June 2013

    Categories

    All

    RSS Feed


CALL US
+64 9 270 8595 

 or Email: 
info at kiwilawyers.co.nz

Picture
Picture
Picture
PLS Individual Member
Picture
Picture

Powered by TMO   |    © 2020 KiwiLawyers ~ All Rights Reserved

  • KL Home
  • Taufil Omar
  • Terms of Engagement
  • Trust Account
  • Contact
  • KL Blog
  • Client Testimonials
  • Publication
  • Sponsorship