Negligent misstatements in the Court of Appeal

Abstract

The question of liability for negligent misstatements has been revisited in the last year by the Court of Appeal and the Supreme Court in two cases dealing with economic loss arising from substandard building products and building work. In Carter Holt Harvey Ltd v Minister of Education [2016] NZSC 95, [2017] 1 NZLR 78 (CHH) the Supreme Court refused to strike out a claim against the manufacturer and supplier of defective cladding products for misleading statements made in promotional material. In Invercargill City Council v Southland Indoor Leisure Centre Charitable Trust [2017] NZCA 68, the Court of Appeal held that the Council was not liable to the owner for the cost of rebuilding a collapsed stadium when it had issued a misleading Certificate of Code Compliance.