JL v N Ltd [2022] NZDT 76 (17 June 2022) [pdf, 157 KB]
...section applies, the matters referred to in subsection (1) are presumed unless the contrary is proven”, where subsection (1) applies if “the building work is defective” and “the defect is able to be remedied”. So unlike ordinary civil claims where the burden of proving the claim falls to the applicant, under this section of the Building Act, a problem or issue raised in the required timeframe is presumed to be a ‘defect’ unless the building contractor or the on-selle...