NZ Herald
  • Home
  • Latest news
  • Herald NOW
  • Video
  • New Zealand
  • Sport
  • World
  • Business
  • Entertainment
  • Podcasts
  • Quizzes
  • Opinion
  • Lifestyle
  • Travel
  • Viva
  • Weather

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • New Zealand
    • All New Zealand
    • Crime
    • Politics
    • Education
    • Open Justice
    • Scam Update
  • Herald NOW
  • On The Up
  • World
    • All World
    • Australia
    • Asia
    • UK
    • United States
    • Middle East
    • Europe
    • Pacific
  • Business
    • All Business
    • MarketsSharesCurrencyCommoditiesStock TakesCrypto
    • Markets with Madison
    • Media Insider
    • Business analysis
    • Personal financeKiwiSaverInterest ratesTaxInvestment
    • EconomyInflationGDPOfficial cash rateEmployment
    • Small business
    • Business reportsMood of the BoardroomProject AucklandSustainable business and financeCapital markets reportAgribusiness reportInfrastructure reportDynamic business
    • Deloitte Top 200 Awards
    • CompaniesAged CareAgribusinessAirlinesBanking and financeConstructionEnergyFreight and logisticsHealthcareManufacturingMedia and MarketingRetailTelecommunicationsTourism
  • Opinion
    • All Opinion
    • Analysis
    • Editorials
    • Business analysis
    • Premium opinion
    • Letters to the editor
  • Politics
  • Sport
    • All Sport
    • OlympicsParalympics
    • RugbySuper RugbyNPCAll BlacksBlack FernsRugby sevensSchool rugby
    • CricketBlack CapsWhite Ferns
    • Racing
    • NetballSilver Ferns
    • LeagueWarriorsNRL
    • FootballWellington PhoenixAuckland FCAll WhitesFootball FernsEnglish Premier League
    • GolfNZ Open
    • MotorsportFormula 1
    • Boxing
    • UFC
    • BasketballNBABreakersTall BlacksTall Ferns
    • Tennis
    • Cycling
    • Athletics
    • SailingAmerica's CupSailGP
    • Rowing
  • Lifestyle
    • All Lifestyle
    • Viva - Food, fashion & beauty
    • Society Insider
    • Royals
    • Sex & relationships
    • Food & drinkRecipesRecipe collectionsRestaurant reviewsRestaurant bookings
    • Health & wellbeing
    • Fashion & beauty
    • Pets & animals
    • The Selection - Shop the trendsShop fashionShop beautyShop entertainmentShop giftsShop home & living
    • Milford's Investing Place
  • Entertainment
    • All Entertainment
    • TV
    • MoviesMovie reviews
    • MusicMusic reviews
    • BooksBook reviews
    • Culture
    • ReviewsBook reviewsMovie reviewsMusic reviewsRestaurant reviews
  • Travel
    • All Travel
    • News
    • New ZealandNorthlandAucklandWellingtonCanterburyOtago / QueenstownNelson-TasmanBest NZ beaches
    • International travelAustraliaPacific IslandsEuropeUKUSAAfricaAsia
    • Rail holidays
    • Cruise holidays
    • Ski holidays
    • Luxury travel
    • Adventure travel
  • Kāhu Māori news
  • Environment
    • All Environment
    • Our Green Future
  • Talanoa Pacific news
  • Property
    • All Property
    • Property Insider
    • Interest rates tracker
    • Residential property listings
    • Commercial property listings
  • Health
  • Technology
    • All Technology
    • AI
    • Social media
  • Rural
    • All Rural
    • Dairy farming
    • Sheep & beef farming
    • Horticulture
    • Animal health
    • Rural business
    • Rural life
    • Rural technology
    • Opinion
    • Audio & podcasts
  • Weather forecasts
    • All Weather forecasts
    • Kaitaia
    • Whangārei
    • Dargaville
    • Auckland
    • Thames
    • Tauranga
    • Hamilton
    • Whakatāne
    • Rotorua
    • Tokoroa
    • Te Kuiti
    • Taumaranui
    • Taupō
    • Gisborne
    • New Plymouth
    • Napier
    • Hastings
    • Dannevirke
    • Whanganui
    • Palmerston North
    • Levin
    • Paraparaumu
    • Masterton
    • Wellington
    • Motueka
    • Nelson
    • Blenheim
    • Westport
    • Reefton
    • Kaikōura
    • Greymouth
    • Hokitika
    • Christchurch
    • Ashburton
    • Timaru
    • Wānaka
    • Oamaru
    • Queenstown
    • Dunedin
    • Gore
    • Invercargill
  • Meet the journalists
  • Promotions & competitions
  • OneRoof property listings
  • Driven car news

Puzzles & Quizzes

  • Puzzles
    • All Puzzles
    • Sudoku
    • Code Cracker
    • Crosswords
    • Cryptic crossword
    • Wordsearch
  • Quizzes
    • All Quizzes
    • Morning quiz
    • Afternoon quiz
    • Sports quiz

Regions

  • Northland
    • All Northland
    • Far North
    • Kaitaia
    • Kerikeri
    • Kaikohe
    • Bay of Islands
    • Whangarei
    • Dargaville
    • Kaipara
    • Mangawhai
  • Auckland
  • Waikato
    • All Waikato
    • Hamilton
    • Coromandel & Hauraki
    • Matamata & Piako
    • Cambridge
    • Te Awamutu
    • Tokoroa & South Waikato
    • Taupō & Tūrangi
  • Bay of Plenty
    • All Bay of Plenty
    • Katikati
    • Tauranga
    • Mount Maunganui
    • Pāpāmoa
    • Te Puke
    • Whakatāne
  • Rotorua
  • Hawke's Bay
    • All Hawke's Bay
    • Napier
    • Hastings
    • Havelock North
    • Central Hawke's Bay
    • Wairoa
  • Taranaki
    • All Taranaki
    • Stratford
    • New Plymouth
    • Hāwera
  • Manawatū - Whanganui
    • All Manawatū - Whanganui
    • Whanganui
    • Palmerston North
    • Manawatū
    • Tararua
    • Horowhenua
  • Wellington
    • All Wellington
    • Kapiti
    • Wairarapa
    • Upper Hutt
    • Lower Hutt
  • Nelson & Tasman
    • All Nelson & Tasman
    • Motueka
    • Nelson
    • Tasman
  • Marlborough
  • West Coast
  • Canterbury
    • All Canterbury
    • Kaikōura
    • Christchurch
    • Ashburton
    • Timaru
  • Otago
    • All Otago
    • Oamaru
    • Dunedin
    • Balclutha
    • Alexandra
    • Queenstown
    • Wanaka
  • Southland
    • All Southland
    • Invercargill
    • Gore
    • Stewart Island
  • Gisborne

Media

  • Video
    • All Video
    • NZ news video
    • Herald NOW
    • Business news video
    • Politics news video
    • Sport video
    • World news video
    • Lifestyle video
    • Entertainment video
    • Travel video
    • Markets with Madison
    • Kea Kids news
  • Podcasts
    • All Podcasts
    • The Front Page
    • On the Tiles
    • Ask me Anything
    • The Little Things
  • Cartoons
  • Photo galleries
  • Today's Paper - E-editions
  • Photo sales
  • Classifieds

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • Sunlive
  • ZM
  • The Hits
  • Coast
  • Radio Hauraki
  • The Alternative Commentary Collective
  • Gold
  • Flava
  • iHeart Radio
  • Hokonui
  • Radio Wanaka
  • iHeartCountry New Zealand
  • Restaurant Hub
  • NZME Events

SubscribeSign In
Advertisement
Advertise with NZME.
Home / Business

Hotel had defects, McKenna claimed

Anne Gibson
By Anne Gibson
Property Editor·NZ Herald·
21 Apr, 2009 04:00 PM3 mins to read

Subscribe to listen

Access to Herald Premium articles require a Premium subscription. Subscribe now to listen.
Already a subscriber?  Sign in here

Listening to articles is free for open-access content—explore other articles or learn more about text-to-speech.
‌
Save

    Share this article

Defects in construction of Wellington's $100 million Holiday Inn were part of the basis of defence by developer Nigel McKenna.

Lawyers argued he was entitled to defer payments being demanded by Fletcher on the basis of an oral agreement with the builder and because there were defects in the work.

McKenna complained about plumbing and hot water issues at the hotel. These issues came to light when the Herald was handed a copy of a judicial body's decision in favour of Fletcher.

John Walton, an adjudicator in the Building Disputes Tribunal, ruled in favour of Fletcher in his decision issued on February 16. He also ordered McKenna to pay more than $80,000 in interest costs.

That decision was presented to Judge Philippa Cunningham in the Auckland District Court when Fletcher sought and won enforcement of the tribunal's order for payment.

Walton's decision said the dispute between Fletcher and Melview dated back to February 2005 when the two parties entered into a contract for construction of the hotel. The project was virtually finished in early 2007 so by November 13 that year, Fletcher issued a claim for final payment.

But Melview disputed this and eight months of negotiation ensued.

"The parties agreed on a final amount sum of $46,500,000 plus GST, leaving a balance to be paid by Melview of $1,993,992 plus GST," Walton wrote.

Fletcher felt it was entitled to a certain sum under the contract but McKenna "wanted flexibility on the timing of payment".

The first amount was paid. Fletcher got $503,480.50 on August 30 last year. The day the second instalment was due, McKenna called Greg Pritchard, Fletcher's Auckland manager, and advised that he would be unable to make that next amount. No further payments were made by McKenna.

McKenna argued that he was entitled to defer payments because of an oral agreement with Fletcher and due to "defects in the work", Walton noted.

Fletcher disputed this and issued a statutory demand for $1,540,441.50 but McKenna applied to have that demand set aside. The matter was due to go to the High Court at Auckland in March but didn't go ahead as scheduled.

In the case before the tribunal, McKenna's lawyers - Stuart Robertson and Kelly Wilshire of Kensington Swan - argued the refusal to pay the balance of the instalments was an act of default but not a dispute. The act therefore did not apply.

But Walton said he had little sympathy with this because the Construction Contracts Act provided for the speedy resolution of disputes "and there can be no argument that the contract for the construction of the Holiday Inn is a construction contract".

Walton said the oral agreement struck with Fletcher gave McKenna time to pay off the amount: "The respondent was allowed to make the payment by instalments over some months rather than within the time period in the contract. Mr McKenna gave a personal guarantee and certain other assurances in relation to interest, costs and the consequences of default were spelled out in some detail.

"I find it curious that Mr McKenna (an experienced businessman and developer by his own account) would sign a deed which contained a personal guarantee and obligations for payment which were at odds with his understanding of the actual agreement."

Walton ruled that Melview Featherston Street must pay Fletcher $1,770,284.88 including GST. This includes:

$1,490,441.50 plus GST as the amount identified in the final payment schedule for the hotel's construction.

* $83,538.19 interest on the amount outstanding.

* $10,000 including GST in costs.

Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.
Save

    Share this article

Latest from Business

Premium
Property

'Family endured difficult tenancy': Rental managers fined $9700

12 Jul 09:00 PM
Business|companies

New World customers warned after ‘password spraying’ attack

12 Jul 02:39 AM
Premium
Property

Auckland retiree faces eviction as ground rent jumps 344%

12 Jul 12:01 AM

Audi offers a sporty spin on city driving with the A3 Sportback and S3 Sportback

sponsored
Advertisement
Advertise with NZME.
Recommended for you
'Move it or lose it': Adine Wilson and Irene van Dyk on their TV return to the court
Entertainment

'Move it or lose it': Adine Wilson and Irene van Dyk on their TV return to the court

12 Jul 09:00 PM
Morning quiz: What does the term 'A5' signify in Wagyu beef grading?
New Zealand

Morning quiz: What does the term 'A5' signify in Wagyu beef grading?

12 Jul 08:40 PM
France player ratings: Who gave the All Blacks the most trouble?
All Blacks

France player ratings: Who gave the All Blacks the most trouble?

12 Jul 08:00 PM
'Super surreal': Most one-sided Wimbledon final ever as Swiatek triumphs
Tennis

'Super surreal': Most one-sided Wimbledon final ever as Swiatek triumphs

12 Jul 07:37 PM
Here’s what it’s like inside Egypt’s new billion-dollar marvel
Travel

Here’s what it’s like inside Egypt’s new billion-dollar marvel

12 Jul 07:36 PM

Latest from Business

Premium
'Family endured difficult tenancy': Rental managers fined $9700

'Family endured difficult tenancy': Rental managers fined $9700

12 Jul 09:00 PM

Tenants rented place for 18 months but tribunal upheld complaints about the Auckland home.

New World customers warned after ‘password spraying’ attack

New World customers warned after ‘password spraying’ attack

12 Jul 02:39 AM
Premium
Auckland retiree faces eviction as ground rent jumps 344%

Auckland retiree faces eviction as ground rent jumps 344%

12 Jul 12:01 AM
Air India crash: Pilot asked colleague why he cut off fuel control switches seconds after takeoff

Air India crash: Pilot asked colleague why he cut off fuel control switches seconds after takeoff

11 Jul 10:44 PM
Gold demand soars amid global turmoil
sponsored

Gold demand soars amid global turmoil

NZ Herald
  • About NZ Herald
  • Meet the journalists
  • Newsletters
  • Classifieds
  • Help & support
  • Contact us
  • House rules
  • Privacy Policy
  • Terms of use
  • Competition terms & conditions
  • Our use of AI
Subscriber Services
  • NZ Herald e-editions
  • Daily puzzles & quizzes
  • Manage your digital subscription
  • Manage your print subscription
  • Subscribe to the NZ Herald newspaper
  • Subscribe to Herald Premium
  • Gift a subscription
  • Subscriber FAQs
  • Subscription terms & conditions
  • Promotions and subscriber benefits
NZME Network
  • The New Zealand Herald
  • The Northland Age
  • The Northern Advocate
  • Waikato Herald
  • Bay of Plenty Times
  • Rotorua Daily Post
  • Hawke's Bay Today
  • Whanganui Chronicle
  • Viva
  • NZ Listener
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven Car Guide
  • iHeart Radio
  • Restaurant Hub
NZME
  • About NZME
  • NZME careers
  • Advertise with NZME
  • Digital self-service advertising
  • Book your classified ad
  • Photo sales
  • NZME Events
  • © Copyright 2025 NZME Publishing Limited
TOP
search by queryly Advanced Search