New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Novel duty of care

Legal area

Court

15 Jul 2022

SMITH v THE ATTORNEY-GENERAL [2022] NZHC 1693

Citation

[2022] NZHC 1693
Court

High Court

All causes of action in the amended statement of claim are struck out: the proposed novel duty against the Crown is legally untenable because it is undefined, fails the incremental development test, raises insurmountable policy and indeterminacy problems, and would improperly supplant statutory/regulatory frameworks; NZBORA claims under s 8 and s 20 do not establish the necessary positive protective obligations on the pleaded facts (no real, immediate, sufficiently proximate individual risk or denial of minority cultural practice shown); Treaty-based and fiduciary claims are not tenable as st…
11 Oct 2017

STRATHBOSS KIWIFRUIT LIMITED v THE ATTORNEY-GENERAL [2017] NZHC 2512

Citation

[2017] NZHC 2512
Court

High Court

Because the availability and extent of the defendant's actual insurance cover is relevant to the policy stage of the duty of care inquiry and the plaintiffs had been led to believe insurance status might be material during opening and witness examination, the defendant must give discovery of the specific policy or policies that provide some cover for the present claim; broader discovery about potential or market availability of insurance and calling new evidence about availability is not permitted at this stage absent leave.