Auckland Harbour Suites: What was the council liable for?
Thinkpiece
The long-running legal saga surrounding the defects at Auckland's Harbour Oaks apartment tower (now known as Auckland Harbour Suites) has finally reached a pivotal point. After a decade of litigation, the High Court judgment sheds light on the extent of Auckland Council's liability in this leaky building case.
At the heart of the matter lies the council's duty of care in the building consent and inspection process. Justice Walker's findings highlight several instances where the council failed to uphold its obligations, leading to significant defects in the construction.
Fire Safety Failings
One of the major areas of concern was the inadequate fire protection measures. The council was found liable, jointly with Holmes Fire & Safety Limited, for the unprotected steel beams B4 and B5. More significantly, the council breached its duty by issuing a Code Compliance Certificate (CCC) without properly verifying compliance with fire safety requirements.
Moisture Ingress Issues
The council's liability extended to the leaky balconies and bathrooms, which were projected to cost a staggering $51 million to repair. Justice Walker ruled that the council failed to exercise due care in inspecting the bathrooms, leading to water damage behind wall linings and flooring.
Furthermore, the council was found jointly liable with the architect and waterproofing supplier for deficiencies in the balcony waterproofing system, which did not comply with the consented plans.
Structural Defects
While the council was not held liable for the alleged structural defects related to staircases and earthquake performance, other structural issues were highlighted. The absence of grouting on bar sleeves on levels 19 and 22 was deemed an actionable defect, albeit without any breach of duty by the council.
Time Limitations
Interestingly, some claims against the council were time-barred under the Building Act 2004 and the Limitation Act 1950. This underscores the importance of promptly addressing building defects and initiating legal action within the prescribed timeframes.
Key Takeaways
Auckland Council breached its duty of care in several areas, including fire safety, moisture ingress, and bathroom inspections, leading to significant defects in the Harbour Oaks apartment tower.
The council's liability extends to issuing CCCs without proper verification of compliance, highlighting the importance of rigorous inspections and adherence to building regulations.
While some structural defects were identified, the council was not found liable for the alleged earthquake performance issues.
Time limitations played a role in dismissing certain claims, emphasising the need for timely action when addressing building defects.
The judgment sets the stage for determining damages and remediation costs, which will likely have far-reaching financial implications for the council and the affected parties.
As the legal proceedings continue, this case serves as a cautionary tale for councils and builders alike, underscoring the importance of diligent oversight, adherence to building codes, and prompt action in addressing defects to protect the interests of property owners and the public.