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Morrison v Upper Hutt City Council

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Morrison v Upper Hutt City Council
CourtCourt of Appeal of New Zealand
Full case name Morrison v Upper Hutt City Council
Decided18 February 1998
Citation[1998] 2 NZLR 331, [1998] NZRMA 224
Court membership
Judges sittingRichardson P, Gault J, Tipping J
Keywords
negligence

Morrison v Upper Hutt City Council [1998] 2 NZLR 331, [1998] NZRMA 224 is a cited case in New Zealand regarding negligence claims against the government.[1][2]

Background

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After first granting Morrison a building consent to build a new town house, the UHCC later withdrew the consent after discovering it had been issued outside of the District Plan.

Morrison appealed successfully to the Environment Court, and subsequently sought damages from the council.

Held

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The court ruled that a council had no liability for making what is a quasi judicial decision.

References

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  1. ^ McLay, Geoff (2003). Butterworths Student Companion Torts (4th ed.). LexisNexis. ISBN 0-408-71686-X.
  2. ^ "The Law of Negligence in New Zealand After Murphy, by Mr Stephen Todd, University of Canterbury" (PDF).