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Leave to Appeal: University of Canterbury v ICNZ


UNIVERSITY OF CANTERBURY v THE INSURANCE COUNCIL OF NEW ZEALAND INCORPORATED [2014] NZSC 13 [26 February 2014]

IN THE SUPREME COURT OF NEW ZEALAND
SC 120/2013
[2014] NZSC 13

BETWEEN UNIVERSITY OF CANTERBURY
Applicant
AND THE INSURANCE COUNCIL OF NEW ZEALAND INCORPORATED
First Respondent
CHRISTCHURCH CITY COUNCIL
Second Respondent
BODY CORPORATE 423446 (OXFORD BODY CORPORATE)
Third Respondent

[…]

Judgment: 26 February 2014


JUDGMENT OF THE COURT
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)?

Full descision: SC_120_2013__University_of_Canterbury_v_ICNZ_Inc.pdf

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