30 Oct 2023
STEVEN RICHARD YOUNG v ATTORNEY-GENERAL [2023] NZSC 142
- Citation
- [2023] NZSC 142
- Court
- Supreme Court
The Supreme Court held the Crown met the measured duty in nuisance: the hazard was shared between the appellant's land and Crown land, remediation proposals were not practicable or proportionate given cost, planning constraints and limited benefit, and the Crown had taken reasonable steps (warnings, access facilitation and contextual policy responses); accordingly no further remediation order or award of damages was required and the appeal was dismissed.