Southland Stadium Appeal – Council held not liable


By the judgment 21 March 2017 in Invercargill City Council v Southland Indoor Leisure Centre Charitable Trust [2017] NZCA 68 the Court of Appeal allowed the Council’s appeal against a High Court (Dunningham J) judgment that it was liable to pay in excess of $16M for the roof collapse of Southland Stadium in September 2010.  The only Council act within the limitation period was the Council issuing a code compliance certificate on 20 November 2000.  The Court decided that the Trust had not relied upon the code so the Council could not be liable for negligent misstatement.  It relied upon its own contractors/staff in not remediating the roof issues.  The Court noted that if it had found the Council liable it would have found the Trust to be 50% responsible.  Harrison and Cooper JJ decided that in the circumstances the council did not owe the alleged duty of care. It was in control of the entire building process and was an original owner.  It did not rely on the Council.