Defective building litigation is at the centre of Tim’s practice. He acts in claims arising from residential and commercial developments involving systemic weathertightness and construction defects — typically multi-party proceedings raising claims in negligence, breach of contract, misrepresentation and statutory duty. He regularly acts in relation to the building control functions of territorial authorities under the Building Act, as well as against developers, contractors, manufacturers and professional advisers.

He is also regularly instructed in disputes arising out of construction contracts, including adjudications under the Construction Contracts Act, arbitrations and related High Court proceedings. This work demands the coordination of complex technical and expert evidence alongside detailed contractual analysis.

• Cridge v Studorp Ltd[2024] NZCA 483, [2025] 2 NZLR 69 — a class action appeal concerning a manufacturer’s duty of care to subsequent purchasers in respect of cladding products used in residential construction.

• Linehan v Thames-Coromandel District Council[2023] NZCA 288 — liability for alleged design and construction defects in a residential property.

• Sam Pemberton Civil Ltd v Robertson[2024] NZHC 272, (2024) 25 NZCPR 349 — judicial review of an adjudicator’s determination under the Construction Contracts Act, addressing the limits of adjudicator jurisdiction.

A defining and recurring feature of Tim’s practice is advising and arguing limitation issues, particularly under the Limitation Act 2010 and the long-stop provisions of the Building Act 2004. These questions are frequently decisive in defective building and latent defect litigation, and Tim is regularly instructed — including at appellate level — to advise on the application of “late knowledge” principles and limitation defences in complex proceedings.

• Rea v Auckland Council[2024] NZCA 313, [2024] 3 NZLR 242 (leave to appeal declined [2024] NZSC 148) — a leading appellate decision on the “late knowledge” provisions in s 14 of the Limitation Act 2010 in the context of defective building claims.

• Keys v Patterson[2025] NZHC 2676 — the application of the 10-year long-stop period under s 393 of the Building Act 2004.

His standing in this area is reflected in his authorship of the seminar “Limitation — A Map for the Minefield”, presented for the profession.

Through his involvement in numerous multi-unit developments affected by building defects, Tim has developed substantial expertise in the Unit Titles Act 1972 and 2010, and is recognised as a leading barrister in unit title litigation. He advises and appears in disputes concerning body corporate governance, scheme orders and statutory relief, utility and ownership interest disputes, the validity of management and service contracts, and the rights of individual unit owners.

• Body Corporate 346086 v Chan[2025] NZHC 3895 — an application under s 74 of the Unit Titles Act 2010 for approval of a remedial works scheme.

• Body Corporate 156063 v Stylo Investments Ltd[2025] NZHC 231 — cancellation of a unit plan and sale of the base land where defects rendered remediation unviable.

• Bhardwaj Family Trust Ltd v Body Corporate[2024] NZHC 2572 — a challenge to the validity of utility interests allocated on deposit of a unit plan.

• Body Corporate 406198 v Property Opportunities Ltd[2023] NZCA 302 — the validity and vires of a body corporate management agreement.

Career highlights include two successful appeals to the Supreme Court that reshaped the law for defective building claimants:

• Osborne v Auckland Council[2014] NZSC 67, [2014] 1 NZLR 766 — overturning rulings in four High Court cases and establishing new eligibility criteria under the Weathertight Homes Resolution Services Act 2006.

• Lee v Whangarei District Council[2016] NZSC 173, [2017] 1 NZLR 401 — overturning the High Court and Court of Appeal to extend the limitation advantages of a claim under the WHRS Act 2006 to all proceedings.

• LLB, University of Canterbury; admitted as a barrister and solicitor of the High Court of New Zealand in 1992.

• Founder and principal of Rainey Law (2009–2018); founding member, FortyEight Shortland Chambers (2018–present).

• Member of the Property Law Section of the New Zealand Law Society, the New Zealand Society of Construction Law, the New Zealand Bar Association and its Technology Committee, and the New Zealand Law Society.

• Contributing author to The Leaky Buildings Crisis — Understanding the Issues and New Zealand Tribunals Law and Practice (Thomson Reuters), and a regular presenter of continuing professional development seminars for the NZLS, ADLS and Legalwise on property, construction, unit title and limitation issues.

• A presenter in the New Zealand Institute of Building Surveyors’ expert witness training programme.