Brouwers v Street - [2011] 1 NZLR 645

Tort — Nuisance — Natural right of support to land — Removal of support — Landslip caused by failure of man-made drainage system on neighbouring land — Land in common ownership at time drainage system constructed but in separate ownership at time of failure and landslip — Whether tort established where removal of support arises from scouring by water rather than deliberate excavation — Extent of liability — Whether claim could be made for consequential loss for damage to buildings — Whether presence of dwelling and tanks meant land not in natural state.

Tort — Negligence — Duty of care — Landslip caused by failure of drainage system on neighbouring land — Drainage system constructed when land in common ownership in accordance with local authority requirements — Whether higher duty of care arose when land subdivided and part sold to different person — Whether duty to review safety and integrity of drainage system — Whether breach of that duty of care.