8 May 2019
YOUNG v ATTORNEY-GENERAL [2019] NZHC 993
- Citation
- [2019] 3 NZLR 808
- Court
- High Court
Section 145 does not provide complete immunity for the Crown against Mr Young's nuisance claim because the damage and ongoing nuisance were caused by the 2011 earthquakes, not by actions or omissions that directly or indirectly resulted from the Crown's exercise of statutory powers; s 145 requires a causal link between the statutory action and the loss, though the section does protect claims that arise directly or indirectly from specific statutory acts (eg access restrictions under s45/s86 and demolition or works under s38/s77).