Reading Room

Recent judgements make obligations of councils clear

Two recent decisions, one in the District Court and one in the Land and Environment Court, have wide ranging implications for Councils – one in respect of liability, and the other in relation to the fees and charges Councils can impose.

Both decisions will have an impact on council resources.

The decision by the District Court highlights the onus placed on councils by the law to discharge their duties reasonably. The decision provides commentary on the persons councils owe a duty of care, the circumstances where such a duty might be breached, as well as some important judicial consideration of section 44 of the Civil Liability Act 2002 which provides an exclusion to liability in certain circumstances where a council fails to consider exercising a function or prohibit or regulate an activity.

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