Tauranga Electric Power Board v Karora Kohu. It is also obliged to manage its business efficiently with a view to maintaining prices for water and waste water services at the minimum level consistent with the effective conduct of that business and the maintenance of the long term integrity of its assets (s707ZZZS). Applying the approach in Manchester Liners v Rea Ltd ([1922] 2 AC 74, 92 per Lord Sumner), we find nothing in these circumstances to show that the Hamiltons were not entitled to rely on Papakura's skill and judgment. Flashcards. Donate. Mr and Mrs Hamilton, the appellants, claim that their cherry tomato crops were damaged in 1995 by hormone herbicides which were present in their town water supply. At the time of the High Court hearing Watercare was working towards such accreditation for all its plants and it had achieved it for one of them. What is meant by the claim that memory is reconstructive? The grades are A1, A, B, C, D and E. The grade the Ministry allotted to the source and the treatment station in this case was A (completely satisfactory, very low level of risk). Gravity of risk - jealous police officer entered bar and shot at his girlfriend, and happened to shoot someone else. Proof of negligence - Watercare in its statement of defence responded that the bulk water which it supplied to Papakura was potable and complied with the 1995 Standards. In their Lordships view there is ample, indeed compelling, support for the concurrent conclusions reached by both Courts below that the Hamiltons have not shown that Papakura knew they were relying on Papakura's skill and judgment in ensuring that the bulk water supply would be reasonably fit for their particular purpose. Over a period of more than four years, triclopyr residues were only very occasionally detected at the sampling sites in the lake, the highest concentration when detection did occur being 0.8ppb or some 125 times less than the 1995 Standard. The Court then set out matters emphasised by the Hamiltons as communicating the particular purpose and reliance, and it concluded: 12. The question then is whether, on the evidence, using the water for cultivating tomatoes or cherry tomatoes was a normal use within that particular purpose, was something for which Papakura 'should reasonably have contemplated that it was not unlikely the water would be used. Subscribers are able to see a list of all the documents that have cited the case. Children. The appellants emphasise that only one percent of water is ingested by humans and question why the other 99% should not be subject to any standard. Nuisance - General principles and definitions - Actionable nuisance - What constitutes - [See Secondly, the buyer must do this 'so as to show that the buyer relies on the seller's skill or judgment . This article is within the scope of WikiProject New Zealand, a collaborative effort to improve the coverage of New Zealand and New Zealand-related topics on Wikipedia. 57. An OBJECTIVE test was applied, and it was found that he had not taken reasonable care, insanity made no difference. Matthews sued Bullocks, inter alia on the basis of section 16(a). 60. The Court of Appeal reviewed the evidence and summarised its effect (Hamilton v Papakura District Council [2000] 1 NZLR 265, 277, para 49): 56. Torts - Topic 60 324, refd to. 22. Water escaped into nearby disused mineshafts, and in turn flooded the plaintiffs mine. Car ran out of control and killed two pedestrians. 26. 34]. The requirement was no different in nuisance and accordingly this cause of action also failed. Although the decision in Hamilton v Papakura District Councilruled that no liability exists where it is not possible to foresee the type of damage caused, this case is clearly distinguished for the above reason. 1. was the thing brought onto land 2. thing likely to do mischief 3. for own purpose 4. Session 4 Planning and Financial Management Required Reading: Palmer, pp 253-300 LGA 2002 ss 100-120 Wellington City Council v Woolworths New Zealand Ltd (No 2) [1996] 2 NZLR 537 Review: Local Government (Rating) Act 2002 Rating Valuations Act 1998 Session 5 Governance and By-laws Required Reading: Palmer, pp 203-251, 535-583 LGA 2002 ss 10-17A, 19-25, 75- 82, review Schedule 7 Bylaws Act 1910 . ]. The plants were particularly sensitive to such chemicals. [para. The Hamiltons must also satisfy the second precondition of a claim under section 16(a). Citation. Throughout, the emphasis is on human health. In the course of doing so, the Court of Appeal indicated that the question of reliance was ultimately one of fact (Medway Oil and Storage Co Ltd v Silica Gel Corporation (1928) 33 Com Cas 195, 196 per Lord Sumner). Hamilton v. Papakura District Council, [2000] 1 N.Z.L.R. Hamilton V Papakura District Council [1999] NZCA 210; [2000] 1 NZLR 265 (29 September 1999). The Judicial Committee of the Privy Council, Lord Hutton and Lord Rodger of Earlsferry, dissenting, dismissed the appeal. 16(a) [para. As requested by Mr Casey (in the event of the appeal failing), the question of costs is reserved. 28. Alternative medicine, patient died while receiving treatment - traditional practitioners do not hold themselves out as being orthodox professionals, so we do NOT expect the same standard. This evidence of an established pattern of problem-free trading between the parties is also the context within which the court should, if necessary, assess the possible attitude of Papakura to being asked to supply the Hamiltons with water suitable for covered crop cultivation. 19. Held, no negligence. The mere happening of the event is proof of negligence. No negligence. * Enter a valid Journal (must The House of Lords unanimously rejected that argument. After hearing extensive evidence over more than three weeks, Williams J held that it had not been proved that the maximum concentration of any of the herbicides at the inlet tower in the lake or at the Papakura Filter Station or in the town supply ever came near the concentrations of herbicide shown by scientific results to be necessary to cause damage to cherry tomatoes grown hydroponically. Hamilton Appellants v. (1) Papakura District Council and (2) Watercare Services Ltd. Respondents FROM THE COURT OF APPEAL OF NEW ZEALAND --------------- JUDGMENT OF THE LORDS OF THE JUDICIAL ), refd to. )(5-x) !}p(x)=(x!)(5x)!(5! The dispute centres around the first two. 66. p(x)=(5!)(.65)x(.35)5x(x! [paras. Judicial Committee of the Privy Council, 2002. With respect to the negligence claim against the town and Watercare, the Hamiltons argued that the town and Watercare had a duty of care to supply water that was fit for the purpose for which it was to be used, to monitor the quality of water to determine that it was fit for those purposes and to warn if the water supplied was not fit for those purposes. Again this matter need not be taken further, in part because of the finding the Court of Appeal made in para [49] about Papakura's knowledge. 6 In the footnotes: They said that there was no evidence that Papakura knew that the growers relied on the water for use with sensitive crops without any testing or treatment. Held that he would not be liable if he had no control while driving, but he would be if he retained some control. Contains public sector information licensed under the Open Government Licence v3.0. In our view, however, that is not in itself a reason for holding that section 16(a) does not apply. bella_hiroki. A second, distinct reason is provided by the requirement of foreseeability. The High Court has affirmed and exercised this jurisdiction in Hamilton v Papakura District Council, Arklow Investments Ltd v MacLean and Chisholm v Auckland City Council. Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest. Compliance with those Standards ensures safe and appropriate use for a wide range of purposes beyond human ingestion. Cop shot at tyre when approaching busy intersection, but hit the driver instead. With respect to contractual liability of the town, the Hamiltons relied on s. 16(a) of the Sale of Goods Act (i.e., the Hamiltons alleged that the town breached an implied term in its contract for the supply of water suitable for horticultural use). It is true, of course, as the majority point out, that Papakura sold only water and only water coming from one particular source. In Hamilton v Papakura DC & Watercare the plaintiff relied on the water supply which contained a toxin that damaged its crop. Mental disability (Australia) - defendant thought there was a plot to kill him, and crashed whilst driving away. There is considerable force in Mr Casey's submission that it cannot be the case that to get the protection afforded by s16 each and every customer, such as the Hamiltons, is obliged individually and specifically to communicate to the seller that it was using the water for glasshouse horticulture (see eg Lord Pearce in Kendall and Sons v Lillico and Sons Ltd [1969] 2 AC 31, 115 E-F). (Wagon Mound No. The Hamiltons contended that the water had been contaminated by the herbicide triclopyr which was a component of a weed spray marketed under the name Grazon. Reviews aren't verified, but Google checks for and removes fake content when it's identified. Negligence - Duty of care - Duty to warn - [See Indeed, as Watercare points out, tests done by a Crown Research Institute, AgResearch, suggested that very low levels of herbicides can promote plant growth. Held, negligence. That assurance covers not only defects which the seller ought to have detected but also defects that are latent, in the sense that even the utmost skill and judgment on the part of the seller would not have detected them. Standard required is reasonable skill of someone in the position in the position of the defendant. Under section 16(a) the relevant condition is implied only where certain preconditions are met. Held that risk of flooding was too great to comply only to the minimum standards, they should have gone further. Marlborough District Council v Altimarloch Joint Venture Ltd [2012] NZSC 11 (Supreme Court) Misrepresentation inducing contract, liability of council for defective LIM, assessing and apportioning damages in contract and tort. If it is at the end of a clause, it . The monitoring is not designed to achieve the very high levels proposed in the duties asserted by the Hamiltons. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. We do not provide advice. See Bruce Construction Corp. v. United States, 324 F.2d 516, 518 (Ct. Cl. Hamilton and (2) M.P. If it is at the end of a clause, it . Mental disability (Canada) - Driver crashed into lorry whilst suffering severe delusion that the car was under remote control. Driver suffered low onset stroke, and had four accidents before crashing into plaintiff's car. ), refd to. Cas. Response to GLAA 1997 Questionnaire for Ward 6 DC Council Candidates. There is a similar offence under the Health Act 1956 s60 and that Act also empowers Medical Officers of Health to require local authorities to cease to supply water for domestic purposes from sources which are dangerous to health (s62). Hardwick Game Farm v. Suffolk Agricultural Poultry Producers' Association Ltd. - see Kendall (Henry) & Sons (A Firm) v. Lillico (William) & Sons Ltd. Munshaw Colour Service Ltd. v. Vancouver (City) (1962), 33 D.L.R. [paras. Hamilton V Papakura District Council [2002] NZPC 3 ; [2002] UKPC 9 ; [2002] 3 NZLR 308 (28 February 2002). 48. Hamilton v. Papakura District Council (2002), 295 N.R. So far as the latter is concerned, there was no evidence from the neighbouring district of Manukau, as well as from Papakura, that warnings had been given on the basis of available knowledge. Strict liability - Application of rule in Rylands v. Fletcher - The Hamiltons sued the Papakura District Council (the town), claiming that their cherry tomato crops were damaged by hormone herbicides which were present in the town water supply - The Hamiltons also sued the company that supplied the water to the town (Watercare), claiming that Watercare was liable for nuisance under the principle in Rylands v. Fletcher - The Judicial Committee of the Privy Council affirmed that the Hamiltons' claim in nuisance failed for lack of reasonable foreseeability - See paragraphs 46 to 49. The duties claimed against Papakura are directed at fitness for the purpose for which the water was used with no limit on that use at all. Practicability of precautions. In May 1992 Bullocks supplied a large quantity of sawdust but, when it was used on a particular bed, it damaged the roots of the roses. At this stage of the inquiry, the Hamiltons are to be assumed to have established that they had made known to Papakura that they wanted the water for the particular purpose of covered crop cultivation. On the facts, the Court of Appeal, having stressed the advantage the Judge had from hearing the witnesses, said, given the pattern of damage not just to the Hamiltons tomatoes but also to the crops of other horticulturists, that, 7. Nuisance - Water pollution - General - [See AG v PYA Quarries Ltd [1957] 2 QB 169, 184 per Romer LJ (CA) cited in Stephen Todd (ed) The Law of Torts in New Zealand (3 ed, Brookers, Wellington, 2001) 535. 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