Court Ruling: Council Cannot Impose Higher Repair Standards
October 8, 2013
ICNZ Welcomes Court Ruling That Christchurch City Council Cannot Impose Higher Repair Standards
The Insurance Council has welcomed a Court of Appeal ruling upholding a High Court decision that the Christchurch City Council could not set a higher-than-minimum seismic strength standard for repair to earthquake damaged buildings.
The Court of Appeal today found in favour of the Insurance Council on both counts in a case involving the University of Canterbury’s claim to reinstate buildings to 67% of the New Building Standard (NBS).
“This ruling will bring a great deal of confidence to those involved in the Canterbury recovery programme as construction can now proceed with complete certainty about the minimum standards for building,” says ICNZ Chief Executive Tim Grafton.
The University of Canterbury appealed against the High Court decision but the finding of the Court of Appeal today found that the Christchurch City Council does not have the power to require work to a higher standard than 34% of the NBS.
The Christchurch City Council’s earlier decision could have slowed Christchurch's rebuild considerably through consenting delays and passing extra costs to building owners and their insurers, says Mr Grafton.