Brown v Heathcote County Council - [1987] 1 NZLR 720

Negligence — Duty of care — Breach of — Council issued landowner with a permit to build house — Before permit was issued, application had been referred to Drainage Board — As a matter of practice, Drainage Board drew attention of Council to any situation of flood danger apparent from a building permit; and Council relied on Drainage Board to do so unasked — In this case Drainage Board made no comment on possibility of flooding — Land on which house was built proved susceptible to flooding from nearby river — Landowner claimed cost of raising house as damages against Drainage Board — Whether Drainage Board was under a duty to advise landowner of the susceptibility of the land to flooding — Whether Drainage Board was in breach of its duty.