A statutory defence that provides a complete answer to a claim, such as s 43A of the Civil Liability Act 2002, must be specifically pleaded and cannot be raised for the first time in submissions after the close of evidence. A general reference to the Part of the Act in which the section appears is insufficient. The relevant risk under s 5B is to be identified at a level of generality consistent with the common law principle that the precise sequence of events or character of injury need not be foreseeable. The scope of 'special statutory power' under s 43A as applied to road authorities remains unresolved.
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