Earthquake rockfall nuisance

In Young v Attorney General [2022] NZCA 391 the Court of Appeal on 23 August 2022 dismissed an appeal by Steven Young against the High Court judgment that the Crown was not liable to him in nuisance/trespass in relation to rocks that fell onto and remained on his Redcliffs property in the earthquake(s) on 22 February 2011.  He claimed about $7M.  The rocks came from Mr Young’s property (72%) and neighbours’ properties (28%).  The Crown acquired the neighbouring properties in red zone offer(s) between 2012 and 2015.  Mr Young rejected any Crown red zone offer(s).  By the time the Crown acquired the neighbouring properties the Young property was already worth very little by reason of the previous rockfalls and zoning of property.  The Court held that the Crown has met any liability to abate the nuisance by offering to pay Mr Young $2M in 2015 plus enabling him to keep insurance proceeds in 3 houses on the site.  The order that Mr Young pay costs and disbursements of $329,093 to the Crown in the High Court was also confirmed.