Leaky Buildings: The Application of the Consumer Guarantees Act 1993

20(4) NZULR 478-496, 2003

19 Pages Posted: 10 Feb 2016

See all articles by Kate Tokeley

Kate Tokeley

Victoria University of Wellington - Faculty of Law

Date Written: 2003

Abstract

In recent years there has been a mounting concern about the damage caused to New Zealand houses and apartments by water penetrating the outside cladding and becoming trapped. The media have coined the term “Leaky Building Crisis” to describe the problem.

This article examines the homeowners’ rights of redress for a leaky building under the Consumer Guarantees Act 1993, an Act which provides consumers with rights of redress against suppliers and manufacturers for non-compliance with a set of statutory guarantees. It concludes that the Act offers a high level of consumer protection but only applies to a portion of owners of leaky buildings. This limitation in the coverage of the Act is of considerable concern and cannot easily be justified on policy grounds.

Keywords: leaky, building, defect, product, service, consumer, guarantee, warranty, redress, suppliers, manufacturers, non-compliance, statutory guarantee, protection, consumer, policy, building law, building

JEL Classification: L74, L7, N67, K00, K11, K12, K13, K19, K2, K20, K23, K29, K32, K39, K4, K42, K49, K40

Suggested Citation

Tokeley, Kate, Leaky Buildings: The Application of the Consumer Guarantees Act 1993 (2003). 20(4) NZULR 478-496, 2003, Available at SSRN: https://ssrn.com/abstract=2729629

Kate Tokeley (Contact Author)

Victoria University of Wellington - Faculty of Law ( email )

PO Box 600
Wellington, 6140
New Zealand

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