What does this event cover
The Building Amendment Bill proposes moving from joint and several liability to proportionate liability. For councils and Building Consent Authorities, this could be a significant change, particularly where multiple parties are responsible for building defects or loss, and one or more parties cannot meet their share of the liability.
This webinar will help councils understand what the Bill proposes, what it could mean in practice, and what questions still need to be resolved.
Simpson Grierson will provide the main legal and implementation presentation. Edward Colenbrander will explain what has changed between the earlier policy direction and the Bill, while Jonathan Nicolle will examine the proposed safeguards and supporting measures.
The presentation will cover what remains dependent on regulations and implementation settings that have not yet been published, and the questions councils may want MBIE and Government to address. It will draw on Australian case law involving multi-party claims, partial settlements, insolvencies or unavailable parties, and mixed apportionable and non-apportionable claims, alongside New Zealand case law on the just and equitable apportionment of liability.
Sally Grey from Auckland Council will provide a council perspective on the potential benefits of proportionate liability, what successful implementation could look like, homeowner protection and the operational implications for councils.
The session will focus specifically on proportionate liability and will not cover other proposed Building Act changes. It will conclude with a moderated Q&A, providing an opportunity to raise practical questions and help inform the submission being prepared by Taituarā.
You will come away with a clearer understanding of:
- what the Bill proposes and how it differs from current liability settings
- what proportionate liability could mean for councils and Building Consent Authorities
- the proposed safeguards and supporting measures
- what remains to be resolved through regulations and implementation
- potential implications for homeowners, ratepayers and the wider building system.
Programme overview
Your facilitators and guest speakers
Philip Shackleton
Philip joined Taituarā in September 2025, as Principal Advisor, Sector Readiness.
He brings over 20 years of experience, and relationships in local government and the public sector.
His career includes 10 years in senior roles with councils and more recently 7 years as Principal Policy Advisor with Local Government New Zealand. He has most recently worked in leadership roles at Waka Kotahi and at EECA where he was Development Lead in the Standards and Regulations Team. Philip’s expertise includes policy development, regulatory analysis, stakeholder management, and project and programme delivery.
In his role as Principal Advisor, Sector Readiness, Philip is committed to supporting the Sector Readiness Team develop tools and resources that help the sector prepare for and successfully implement new legislation and policies.
Sally Grey
Sally Grey is Manager Premium Building Consents at Auckland Council. Sally initially practised as a lawyer and came to Building Consents via the Council’s legal team where she managed building defect claims for many years. She has seen many instances where buildings have not performed and is committed to championing the built environment to be more durable.
Sally has served on a range of committees including two terms on the Building Advisory Panel, a statutory panel reporting to MBIE and the Taituara Regulation and By-laws Reference Group. She was most recently seconded to MBIE for 9 months to support the review into liability settings in the construction sector.
Edward Colenbrander
Edward has over 10 years’ experience advising and representing those involved in building defect disputes Edward has acted for property owners, local authorities, and construction companies. He has appeared in the Weathertight Homes Tribunal, the District Court, the High Court, and the Court of Appeal. Edward has a particular interest in alternative dispute resolution (ADR).
Edward’s past experience include working at a boutique litigation firm representing plaintiff homeowners in building defect claims. He has also previously worked in England on both front-end and back-end construction matters, and has worked in-house on secondment to a local authority in New Zealand.
Edward is a supporter of plain English language, and a practical, pragmatic approach to resolving any issue. He works with his clients to focus on their priorities.
Edward is a member of the New Zealand Society of Construction Law, and a trustee of Te Araroa Auckland Tāmaki Makaurau Trust
Jonathan Nicolle
Jonathan advises on commercial, insurance and insolvency disputes in New Zealand. He has a great deal of experience litigating and resolving issues for a range of clients, from SMEs through to large corporates, insurers and public bodies.
The best way to resolve problems is stop them arising in the first place and Jonathan works with clients to identify and mitigate risks, liabilities and reputational issues.
Jonathan has spent time as in-house counsel and understands businesses’ requirements for strategic legal and risk management advice in a commercial context.
