No Place Like Home: An Analysis of the Courts' Treatment of Residential Property in the Context of Leaky Home Negligence

Abstract

The scope of negligence is constantly changing as new and novel situations arise. Negligence has in many jurisdictions become heavily directed towards personal injury claims. With the Accident Compensation Scheme New Zealand Courts have no ability to develop this area?1 The tort offers those who have suffered damage or harm due to the carelessness of another, a method to retrieve compensation. Being canvassed in such a broad enquiry and driven by community expectations it has evolved in New Zealand to deal with the particular concerns of the country.