The Attorney-General v Carter and Anr (The "Nivanga") - Court of Appeal of New Zealand (Gault P, Blanchard and Tipping JJ) - 13 March 2003

Tort - Owners of vessel alleging that they had suffered economic loss in reliance on negligent ship survey - Whether surveying authorities owed duty of care - Whether arguable cause of action that surveying authorities were in negligent breach of statutory duty

The plaintiffs claimed to have suffered economic loss as a result of the negligent survey of the ship Nivanga. The plaintiffs sued (1) the Attorney-General in respect of the Marine Division of the Ministry of Transport which gave an interim certificate of survey on 16 May 1994, and (2) a company ("M & I") to whom the Ministry’s survey responsibilities devolved on 1 June 1994. M & I issued certificates after 16 May 1994 which the plaintiffs claimed were also issued negligently to their financial detriment.