Smaill v Buller District Council - [1998] 1 NZLR 190

Town and country planning — Procedure — Duties in respect of planning matters — Whether judicial immunity for decisions — Whether statutory limitation applied — Whether breach of statutory powers — Whether breach of common law duty of care — Liability of council — When liability arose — Liability of DSIR as expert adviser — Whether joint tortfeasors — Whether insurer liable — Approach to damages — Positive defence of contributory negligence — Whether damages available for pure economic loss — Contribution from joint tortfeasor — Building Act 1991, ss 36 and 91(2).

Town and country planning — Procedure — Whether Ministry of Works owed duty to council — Counties Amendment Act 1961, s 23.

Negligence — Duty of care — Whether sufficient proximity and reliance to give rise to duty of care — Whether council had knowledge of hazards — Whether failure to investigate gave rise to breach of duty of care — When duty of care arose — Whether positive defences of judicial immunity, contributory negligence and statutory limitation available — Joint tortfeasors — Whether damages for economic loss available — Apportionment of liability.

Damages — Assessment — Compensation for breach of statutory duty and breach of duty of care in common law — Whether damages available for pure economic loss — Joint tortfeasors — Apportionment between joint tortfeasors — Assessment of diminution of property value on basis of valuation.

Insurance — Liability of insurer — Public liability — Factors negating liability of insurer — Test for non-disclosure of material facts — Test of materiality is objective.