McNamara v Auckland City Council - [2012] 3 NZLR 701

Local government — Liability of council — Building code compliance — Code compliance certificate issued by independent certifier — Certifier’s authority had been altered so no longer had authority required for that project — Whether council negligent in accepting code compliance certificate — Whether acted other than in good faith in accepting certificate — Whether negligent in informing purchaser of property that certificate had been issued — Observation as to liability for information relating to land information memorandum — Building Act 1991, ss 50(1) and (3) and 57.

Torts — Negligence — Building code compliance certificate issued by independent certifier — Certifier’s authority had been altered so no longer had authority required for that project — Whether council negligent in accepting code compliance certificate — Whether acted other than in good faith in accepting certificate — Whether negligent in informing purchaser of property that certificate had been issued — Observation as to liability for information relating to land information memorandum — Building Act 1991, ss 50(1) and (3) and 57.