Wrongs Act 1958

A person is not negligent in failing to take precautions against a risk of harm unless—

the risk was foreseeable (that is, it is a risk of which the person knew or ought to have known); and

the risk was not insignificant; and

in the circumstances, a reasonable person in the person's position would have taken those precautions.

In determining whether a reasonable person would have taken precautions against a risk of harm, the court is to consider the following (amongst other relevant things)—

the probability that the harm would occur if care were not taken;

the likely seriousness of the harm;

the burden of taking precautions to avoid the risk of harm;

the social utility of the activity that creates the risk of harm.

For the purposes of subsection (1)(b)—

insignificant risks include, but are not limited to, risks that are far-fetched or fanciful; and

risks that are not insignificant are all risks other than insignificant risks and include, but are not limited to, significant risks.