TANGOIO DEVELOPMENTS LTD V HASTINGS DISTRICT COUNCIL (HC)

Kent Perry and John Tian, acting for the Hastings District Council (the Council), successfully applied to strike out claims made by the plaintiff developer.

The High Court was asked to determine whether the Council could be held liable in negligence and for breach of statutory duty for planning decisions, after a coastal subdivision became, in practical terms, unbuildable following Cyclone Gabrielle. The answer was no.

This judgment is important because as weather events intensify and insurers pull out of the market due to intolerable risk, local government will be scrutinised as a potential insurer of last resort.

In addition to the claims being struck out, costs were awarded to the Council.