International Construction Law Review
CORRESPONDENT’S REPORT – NEW ZEALAND
THE LAW OF NEGLIGENCE IN NEW ZEALAND
TÓMAS KENNEDY-GRANT QC
ABSTRACT
A review of particular decisions of the Supreme Court of New Zealand since its establishment in 2004.
INTRODUCTION
In the 14 years since it was established in 2004, the Supreme Court of New Zealand has delivered a number of important decisions on the law of negligence, some arising out of the construction process, others arising out of other contexts. These decisions have provided guidance as to the basis of liability in negligence generally1 and in particular situations.2
The court’s decisions: the basis of liability in negligence: generally
(a) Introduction
In the 12 years prior to the establishment of the Supreme Court, the leading decision in New Zealand on the basis of liability in negligence generally was the decision of the Court of Appeal of New Zealand in South Pacific Manufacturing Co Ltd v New Zealand Security Consultants & Investigations Ltd.3 That decision was referred to with approval by two of the three judges (Cooke P
1 Couch v Attorney-General [2008] NZSC 45; [2008] 3 NZLR 725, North Shore City Council v Body Corporate 188529 (Sunset Terraces) [2010] NZSC 158; [2011] 2 NZLR 289, McNamara v Auckland City Council [2012] NZSC 34; [2012] 3 NZLR 701, North Shore City Council v Attorney-General (The Grange/BIA) [2012] NZSC 49; [2012] 3 NZLR 341, Body Corporate No 207624 v North Shore City Council (Spencer on Byron) [2012] NZSC 83; [2013] 2 NZLR 297; (2013) 29 Const LJ 50, Carter Holt Harvey Ltd v Minister of Education [2016] NZSC 95; [2017] 1 NZLR 78.
2 Marlborough District Council v Altimarloch Joint Venture Ltd [2012] NZSC 11; [2012] 2 NZLR 726, McNamara v Auckland City Council [2012] NZSC 34; [2012] 3 NZLR 701, North Shore City Council v Attorney-General (The Grange/BIA) [2012] NZSC 49; [2012] 3 NZLR 341, Body Corporate No 207624 v North Shore City Council (Spencer on Byron) [2012] NZSC 83; [2013] 2 NZLR 297; (2013) 29 Const LJ 50, Carter Holt Harvey Ltd v Minister of Education [2016] NZSC 95; [2017] 1 NZLR 78, Southland Indoor Leisure Centre Trust v Invercargill City Council [2017] NZSC 190; [2018] 1 NZLR 278.
3 [1992] 2 NZLR 282 (CA).
Pt 1] The Law of Negligence in New Zealand
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