The Tort of Nuisance: 'Trucking On'

in Shelley Griffiths, Mark Henaghan and M B Rodriguez Ferrere (eds) The Search for Certainty: Essays in Honour of John Smillie (Thomson Reuters, Wellington, 2016) pp 60-81.

24 Pages Posted: 22 Dec 2017

See all articles by Bill Atkin

Bill Atkin

Victoria University of Wellington, Te Herenga Waka - Faculty of Law

Date Written: 2016

Abstract

This piece was written for a festschrift in honour of the career of eminent legal scholar Professor John Smillie, one of whose specialties was tort law. Its focus is the law of nuisance and draws on high-level case law in Canada, England and New Zealand. It examines several crucial questions such as the awkward divide between nuisances that cause actual harm and those that affect the senses, along with the significance of locality, the public interest, and planning permission, and whether some kind of “emanation” is necessary. Several recent judgments have involved the issue of blocking access to property, with the New Zealand Supreme Court drawing on the concept of breach of natural rights. Some modest clarification of the law may be derived from these cases.

Keywords: Professor John Smillie, Tort Law, Canada, England, New Zealand, Common law, Nuisance

JEL Classification: K00, K13

Suggested Citation

Atkin, Bill, The Tort of Nuisance: 'Trucking On' (2016). in Shelley Griffiths, Mark Henaghan and M B Rodriguez Ferrere (eds) The Search for Certainty: Essays in Honour of John Smillie (Thomson Reuters, Wellington, 2016) pp 60-81., Available at SSRN: https://ssrn.com/abstract=3091966

Bill Atkin (Contact Author)

Victoria University of Wellington, Te Herenga Waka - Faculty of Law ( email )

PO Box 600
Wellington, 6140
New Zealand

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