Auckland Council’s Insurers indicate the Claim is in hand.

Auckland Council’s Insurers are indicating the Claim is in hand.
It looks as if an initial discussion will be arranged for tomorrow.
The Consumer Guarantees Act provides for putting things right, according to its website, which puts the onus on the Auckland Council to fix things within a reasonable time & compensate for extra loss that results from the initial problem as a consequential loss – this is to put Classique back into the position she was before the service failed.
There was substantial inadequacy in the mooring system.
1: The mooring wouldn’t have been used if the fault was known
2: The mooring is significantly different from what is expected
3: The moorings are substantially unfit for purpose.
4: The moorings are unsafe.
5: If the damage can be fixed, Auckland Council is to fix it
6: It must be fixed within a reasonable time at no extra cost
7: If Auckland Council refuses, Classique can be repaired elsewhere & the cost claimed back from them.
8: If the problem is substantial & can’t be fixed, Classique can be kept & compensation can be claimed for her loss in value as a result of the mooring’s failure.
9: A claim can be made for any other reasonably foreseeable loss which in this case could be Marina accommodation.
With such clear cut evidence of an Auckland Council mooring failure when private mooring owners are under rigorous inspection obligation, the Harbourmaster’s reluctance to accept liability is hopefully short-lived & tomorrow will be their chance to rapidly move in the right direction.

                     Classique’s high
Cqe Mast top

                 Classique’s low – complete mooring attached
2014-06-18_2030

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