30 Mar 2007
HARBOURCITY DEVELOPMENTS LTD AND ANOR V OWEN HC AK CIV-2006-404-1400
- Citation
- openlaw-86cad4a3_e2f2_464b_8dda_da68a3b94dec.pdf
- Court
- High Court
The negligence claims against the appellants fail because no common law duty of care was established independent of the RMA and alleged breaches of Part 3 duties are precluded from private enforcement by s23(2) RMA; nuisance claims based on physical damage or ongoing interference may survive but claims based solely on expected traffic effects or diminution in development potential without an actionable link are not sustainable; Harbourcity, as builder, may remain liable for nuisance based on physical damage, whereas Vipond's complaints about the consent process are caught by the RMA and thus…