Findlay v Auckland City Council [pdf, 108 KB]
...defects were not detected due to its failure to establish a capable inspection regime for identifying critical waterproofing issues. Page 14 [46] Baragwanath J stated in Dicks v Hobson Swan Construction Ltd (In Liquidation):7 “[110] The council’s power to charge fees and its duties to determine whether a certificate of compliance should be issued and, if not, to issue a notice to rectify point to a legislative policy the council should carry any loss caused if it n...