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Senior Associate

Dave Barr



P+64 4 924 3578

M+64 21 903 218

Dave Barr

Dave is a senior associate in the commercial litigation group. He specialises in dispute resolution with a particular focus on construction litigation and building regulation.

Dave has over 10 years’ experience acting for principals, contractors and local authorities in building defect claims, including leaky building cases, and other construction disputes. Dave has a particular interest in alternative dispute resolution (ADR), and has represented various parties in over 200 mediations.

Dave also acts for clients in drafting, reviewing and advising on construction contracts including NZS 3910 and NZS 3915, and regularly advises unit title body corporates on governance issues (in relation to construction issues and generally).

Dave worked as in–house counsel for over five years at Auckland City Council, and then Auckland Council, specialising in building regulatory advice and litigation. Dave continues to advise local authorities and other parties on construction regulation.

Examples of Work

  • Minister of Education v James Hardie New Zealand - represented 48 councils on procedural matters in highly complex litigation involving over 800 individual school buildings
  • C-Vu Apartments - acted for Auckland Council on a $37 million multi-unit leaky building claim
  • Weaver v Auckland Council - represented Auckland Council in a leaky building trial involving a single dwelling, including an appeal (to the Court of Appeal) on complex issues relating to costs
  • Townscape Akoranga Ltd v Auckland Council - defended Auckland Council on a Judicial Review of the Council’s and MBIE’s decisions under the WHRS financial assistance package
  • Holdgate v DTB Construction Ltd - acted on a dispute over the status of a payment claim in the context of an application to set aside a statutory demand
  • Body Corporate 166208 v Temple 88 Ltd - defended challenges to the validity of a body corporate’s actions relating to a proposed program of significant maintenance work
  • Body Corporate 166208 v York Trustees Ltd - acted for a body corporate in a series of disputes relating to body corporate levies and fees
  • Advised on consenting pathways for modular buildings, including the role of NZ legislation on modular units constructed overseas
  • Various advice on contract drafting and terms, particularly with respect to issues that may be affected by regulatory decisions
  • Various regulatory prosecutions and enforcement matters under the Building Act and the Resource Management Act
  • Advising on a range of Local Government issues, including matters arising under the Sale of Liquor Act, the Local Government Acts (2002 and 1974 provisions still in force), and the Local Government Official Information and Meetings Act
  • Auckland City Council v Raven's Fire and Security Limited and Ors - first successful prosecution of an IQP (Independent Qualified Person) as a party to Building Act offences where the IQP's documentation led to the wrongful issue of a building WOF

Other Credentials

  • Society of Construction Law - Member