The appeal was allowed in part: the Original Tribunal's order was set aside and the respondent certifier was ordered to pay the appellant owner-builder $4,026 (comprising a full refund of $3,300 in certification fees plus 50% of $1,452 in subsequent certification assessment costs). The Appeal Tribunal held that the Original Tribunal erred by failing to analyse the claim as a breach of the implied contractual duty to exercise due care and skill, instead relying solely on the statutory framework governing owner-builders under the Building Act 2004. A certifier who knowingly approves superseded plans, permits building work to continue without approved plans for the actual structure being built, and fails to provide inspection records to the owner or government, fundamentally breaches the implied duty of care and skill, entitling the owner to a full refund of certification fees. However, contributory negligence under Part 7.3 of the Civil Law (Wrongs) Act 2002 may reduce consequential losses where the owner-builder also failed to ensure building work complied with approved plans. Claims for anticipated future costs were rejected as unquantifiable at the current stage.
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