University of Canterbury v The Insurance Council of New Zealand, Christchurch City Council, Body Corporate 423446 (Oxford Body Corporate) - SC 120/2013
Summary
Civil Appeal – Building – Building Act 2004 – Local Government – Whether the Court of Appeal erred in upholding the High Court’ s declaration that the Christchurch City Council could not require earthquake-strengthening of existing buildings to a capacity of up to 67 per cent of the current building code requirements – Whether the Court of Appeal erred in holding that the Christchurch City Council was not given the power to require remediation work beyond 34 per cent of the new building standard.
[2013}NZCA 471 CA 127/2013
Result
The application for leave to appeal is granted on the following question:
Where a building is an earthquake-prone building in terms of s 122(1) of the Building Act 2004, is a council entitled under s 124(1)(c)(i) of the Act to require the building to be strengthened to an extent greater than is necessary to ensure that the building will not have its ultimate capacity exceeded in a moderate earthquake (as defined in reg 7 of the Building (Specified Systems, Change the Use and Earthquake-prone Buildings) Regulations 2005)?
26 February 2014
Additional Information
Hearing date : 11 November 2014
McGrath, Glazebrook, Arnold, O’Regan, Blanchard JJ.