Recent Publications

Articles authored by TM Bates & Co, the majority of which have been published in “Building Today”, the official publication of the Master Builders Association.

Homeowner Warranty -mandatory requirement.

September 2026

Quantum Meruit is alive and well – Electrix Ltd v Fletcher Construction Company Ltd (No.2)

June 2026

When is consent unreasonably withheld to structural alterations on a cross-leased property - Liouw v Martelli – Court of Appeal.

May 2026

Construction Contract Act 2002 revisited – What constitutes a payment schedule?

Construction Advantage Ltd v Eljayej Holdings Limited

March 2026

Law change afoot – higher penalties and longer suspensions for builders – new home warranties and mandatory insurance cover

November 2025

Not such a Dream Home!

Slow progress not defects enables cancellation of building contract

September 2025

Leaky building and common mistake – Watson v Zhou & Anor – Court of Appeal

August 2025

Tasman District Council v Buchanan & Anor

Masterbuilder House of the Year 2007 – Non-compliant pool

Does the Council owe property owner duty of care for economic loss?

April 2025

Carrying out or supervising building work in a negligent/incompetent manner

Complaint before the Building Practitioners Board – BPB25485

February 2025

Does the issuing of a producer statement qualify as building works for the purposes of a section 40 prosecution?

November 2024

What is sufficient for late knowledge in terms of extending limitation periods? Rea v Auckland Council – COA, 2023

September 2024

Leaky building -section 9 of the Fair Trading 1986 – Bhargav & Anor v First Trust Limited & Anor

July 2024

Judicial review not available – Proceed by Arbitration

Sam Pemberton Civil Limited v S Robertson & Ors

April 2024

Litigation against Overseas Manufacturer for Cladding Product and its Distributors

January 2024

Determination upon Building Works Encroaching onto Neighbouring Property

December 2023

Judicial Review - Can a responsible authority issue a notice to fix on the current owner of the non-compliant works despite the works having been undertaken by the previous owner?

October 2023

Stott v Uplifting Homes Limited – Relocation Company’s Liability in Respect of Defective Home

August 2023

Commerce Commission Market Study on Competition with Key Building Supplies in New Zealand

May 2023

Body Corporate 449665 v CMP Construction Limited & Auckland Council – Late Knowledge Period

March 2023

Johns v Hamilton City Council & Ors – Leaky building decision – Builder liability

February 2023

Commerce Commission v Global Fibre8 Limited & Anor – Breach of the Fair Trading Act 1986

October 2022

Engineer remains in construction defects claim for Producer Statement

Body Corporate 444813 v Auckland Council

July 2022

Convictions under the Building Act 2004

Cancian et ors v Tauranga District Council

May 2022

Alleged misrepresentation by Bunnings that weatherboards NZ made

Sunrise Management Limited v Bunnings Limited

April 2022

Cost Fluctuation clauses in Building Contracts

February 2022

Personal Liability of Builders Under Statutory Warranties in the Building Act 2004

December 2021

Substitution of materials – It is a minor variation or an amendment to the building consent?

October 2021

Cost escalation in a post pandemic world – how contracts can deal with material cost increases!

August 2021

How to make sure you get paid for the building works you provide

June 2021

Leaky buildings, remediation contract cost escalation, and building defects

May 2021

Corporations – Directors – Reckless trading – Liability – Construction Contracts

Watts & Hughes Construction Limited v Biala [2020] NZHC 3041

April 2021

Misrepresentation – Leaky Home – Disclosure – Building Reports

Anderson v De Marco [2020] NZHC 2979

March 2021

Builder sentenced under the Building Act 2004 and the Resource Management Act 1991

Auckland Council v John Liong Kiat Wong [2020] NZDC 23613

February 2021

Trusts Act 2019 – Coming to you soon!

December 2020

Determination under the Construction Contracts Act 2002 – Judicial Review

Alaska Construction + Interiors Auckland Limited v Christopher James Lahatte [2020] NZHC 1056

November 2020

Watch out for trading on if your company is nearly insolvent!

Supreme Court decision in Debut Homes Ltd v Cooper

October 2020

Payment schedule challenged – Commercial Bay

The Fletcher Construction Company Limited v Spotless Facility Services (NZ) Limited

September 2020

Mitchell v Murphy & Ors – Leaky building claims revisited

August 2020

Construction Contracts Act – Do you have to make payment of a determination if a related adjudication determination is pending?

June 2020

Leases of commercial premises – Covid 19 impact

May 2020

Non-compliant payment claim foils statutory demand process

November 2019

Relaxed limitation rule from leaky building legislation

October 2019

Oyster Management Limited v MSC Consulting Group Limited

September 2019

Court of Appeal considers innocent representation made by Vendor that house does not leak as actionable misrepresentation

August 2019

Building policy reform – Summary of proposed changes by MBIE – Part 2

July 2019

Building policy reform – Summary of proposed changes by MBIE

July 2019

Mainzeal Property and Construction Limited (In Liq) & Ors v Richard Yan & Ors [2019] NZHC 255 – Directors personal liability

May 2019

High Court consideration of negligence and misleading conduct for supply of building materials and specifications

April 2019

High Court consideration of Council negligence for fallen tree

April 2019

Is consent required for a large window replacement?

April 2019

High Court consideration of retention provisions under the Construction Contracts Act 2002 – Ebert Construction Limited (in receivership and liquidation)

November 2018

Judicial Review of an adjudication quashing determination – Anderson & Anor v Swindells & McDowall Renovations Limited

September 30, 2018

Who is liable to pay for repairs to a leaking deck in an apartment block, the owners of the deck only or the unit owners below? – Body Corporate 199380 v A Cook & Ors

July 2018

Leaky School – Ministry of Education & Ors v H Construction North Island Limited