11 Mar 2015
HENRY & ORS v AUCKLAND COUNCIL [2015] NZHC 435
- Citation
- [2015] NZHC 435
- Court
- High Court
Council breached its statutory duty under s44A by issuing a LIM whose wording was materially incomplete and obtuse such that it failed to identify clearly the cliff-top land's general propensity to slip; however the plaintiffs failed to prove causation in fact and, in any event, the physical damage losses resulting from an unforeseeable deep-seated slip were outside the scope of the statutory/informational duty such that those losses are not legally caused by the Council's breach, so claim dismissed.