Stieller v Porirua City Council explained

Stieller v Porirua City Council
Court:Court of Appeal of New Zealand
Date Decided:19 June 1986
Full Name:Brian Joseph Stieller & Kay Marian Stieller v The Porirua City Council
Citations:[1986] 1 NZLR 84
Judges:Cooke P, Richardson J, McMullin J
Transcripts:High Court judgment
Keywords:negligence

Stieller v Porirua City Council [1986] 1 NZLR 84 is a cited case in New Zealand regarding council liability in tort for negligent inspection.[1]

Background

The Stiellers purchased a new house. Later, they discovered that they weatherboards were substandard, and that a stormwater drain was not connected.

Both defects had gone unnoticed by the local council building inspector.

The Stieller's sued the council for negligent building inspections.

Held

The Court of Appeal ruled that the council owed the buyers of the house a duty of care, and awarded damages against the council.

Footnote: The Court of Appeal decided Stieller v Porirua City Council on the same day as Brown v Heathcote County Council and Craig v East Coast Bays City Council which also involved negligent council building inspections.

Notes and References

  1. Book: Butterworths Student Companion Torts. 4th. McLay. Geoff . LexisNexis . 0-408-71686-X. 2003 .