Rutherford v Attorney-General - [1976] 1 NZLR 403

Transport and transport licensing — Heavy motor vehicles — Negligent issue of a certificate of fitness in respect of heavy motor vehicle — Owner selling vehicle to purchaser conditional upon obtaining certificate of fitness — Purchaser completing purchase on faith of certificate — Ministry liable to purchaser for negligent issue of certificate Transport Act 1962, s 143.

Negligence — Negligence in and neglect of statutory duty — Negligence arising out of special relations — Public authorities, bodies and officials — Ministry of Transport negligently issuing certificate of fitness for heavy motor vehicle — Duty to take care in exercising statutory powers extends to all road users including a purchaser purchasing in faith of certificate.

Tort — Injury and damage in relation to wrongful act — Claim for economic loss only does not necessarily exclude liability for tort.