Simpson Grierson - Edward Colenbrander

Edward is a senior associate in the construction practice group. He specialises in dispute resolution with a particular focus on construction litigation.

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.

Work Highlights

Building defect claims

Representing clients in, and resolving, numerous stand-alone and multi-unit leaky building claims (in the Weathertight Homes Tribunal, the District Court, the High Court, and the Court of Appeal).

Advising private homeowners and local authorities on tortious and contractual duties owed by those carrying out construction work in New Zealand.

Represented private homeowners and local authorities at mediations for building defects claims and other civil disputes.

Appeared as junior counsel in the Court of Appeal acting for the successful respondent on the correct interpretation of the late knowledge provisions of the Limitation Act 2010.

Local government advice

Advising on a range of local government issues, including matters arising under the Building Act 2004, the Local Government Act 2002, the Local Government (Rating) Act 2002, and the Local Government Official Information and Meetings Act 1987.

Unit Titles

Advising on a range of Unit Titles Act & body corporate issues, including a successful application to the High Court for a body corporate repair scheme under section 74 Unit Titles Act 2010.

Decisions

Rea v Auckland Council [2024] NZCA 313 - successful opposition to appeal of claim against a local authority relating to a Limitation Act 2010 defence to a claim in respect of duties of care under the Building Act 2004.

Karmarkar v Auckland Council [2022] NZDC 19915 - successful strike out of claim against local authority relating to duty of care in performing duties under the Resource Management Act 1991.

Qiang v Hamilton-Hibbard [2022] NZDC 950 - successful strike out of claim against a council employee relating to defamation and perjury.

Auckland Council v Van Den Bogaart [2022] NZDC 20097 - successful rates recovery proceedings and defence of counterclaim relating to stormwater discharge.