i-law

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


Pt 1] The Law of Negligence in New Zealand

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