Invercargill City Council v Southland Indoor Leisure Centre Charitable Trust - [2017] 2 NZLR 650

Negligence and negligent misstatement — Duty of care — Local authority — Contributory negligence — Building roof collapsed — Roof found to have defects during construction — Remedial work carried out — Council issued code compliance certificate without sighting producer statement confirming specifications met — Whether Spencer on Byron distinguished — Significance of owner’s own contractors being responsible for the defects — Whether Council owed building owner duty of care for remedial work — Whether specific reliance on CCC proved — Whether owner contributorily negligent — Whether Council could enforce contract indemnity — Building Act 1991.

Tort — Negligent misstatement — Duty of care — Contributory negligence — Building roof collapsed — Roof found to have defects during construction — Remedial work carried out — Council issued CCC without producer statement confirming specifications met — Whether Spencer on Byron distinguished — Whether Council owed building owner duty of care for remedial work — Whether specific reliance on CCC proved — Whether owner contributorily negligent — Building Act 1991.