A Taranaki business owner is warning leaseholders to read the fine print of their contracts after being asked to pay his rent in full despite a clause in his lease allowing for a rent cut if he couldn't legally access the property.
Clause 27.5 was included in the Auckland District Law Society commercial lease in 2012 in response to the Canterbury earthquakes, when many leaseholders were barred from their businesses.
RNZ reporter Robin Martin has more.
A Christchurch couple locked in an ongoing legal battle with state-owned quake insurer Southern Response says it is sobering for a Court of Appeal decision to go their way, one decade on from the harrowing earthquakes.
An earlier High Court decision found Southern Response guilty of misleading and deceptive behaviour when it short-changed Karl and Alison Dodds tens of thousands of dollars after their quake damaged house was written off.
The Dodds say they were tricked into accepting a lower offer from Southern Response only to later discover the insurer had kept secret from them a second higher estimate to rebuild their damaged house, a so-called second secret detailed repair and rebuild analysis (DRA).
The High Court ordered Southern Response to pay the Dodds almost $180,000 in damages, plus costs.
But the government appealed the decision, saying it needed clarity, because of the thousands of similar cases it could be liable for.
The Court of Appeal reduced the damages Southern Response has to pay $10,656.44 due to an earlier error in calculations.
The Minister responsible Grant Robertson has declined to be interviewed.
Southern Response also declined to be interviewed. Neither have ruled out appealing the decision in the Supreme Court.
