31 Jul 2017
COOK v HOUSING NEW ZEALAND CORPORATION [2017] NZHC 1781
- Citation
- [2017] NZHC 1781
- Court
- High Court
The appeal was dismissed because the statutory scheme governing state housing and tenancy matters, including s 76 of the Housing Restructuring and Tenancy Matters Act, legislative intent to allocate scarce public housing by need and discretion, the exclusive Tenancy Tribunal jurisdiction and available public law remedies, and policy considerations precluded recognition of the alleged private statutory duty or a novel tortious duty of care; the pleaded claim was therefore unsustainable and constituted an abuse of process.