Stieller v Porirua City Council

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

Stieller v Porirua City Council
Court	Court of Appeal of New Zealand
Full case name	Brian Joseph Stieller & Kay Marian Stieller v The Porirua City Council
Decided	19 June 1986
Citation	[1986] 1 NZLR 84
Transcript	High Court judgment
Court membership
Judges sitting	Cooke P, Richardson J, McMullin J
Keywords
negligence

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.