The Supreme Court has opened the door for apartment owners to sue councils over their leaky buildings.
It's allowed an appeal by residents of the Spencer on Byron on Auckland's North Shore.
An earlier court decision ruled the former North Shore Council wasn't liable for the code of compliance it issued for the tower, because it was a mixed residential and commercial building.
Not so, according to the Supreme Court, in a decision just released.
It says councils have a duty of care when approving plans and inspecting the construction of buildings that are not purely residential.
The Court says residents can proceed with their claims, and it's ordered the former council to pay them costs of $40,000.
Photo: NZ Herald