Such knowledge might indeed arise directly from the Drinking Water Standards : for instance, those for 1984 had expressly stated that, while the safe level of boron for human intake is 5g/m3, some glasshouse plants are damaged above 0.5g/m3. Watercare's monitoring was also carried out in accordance with the Drinking Water Standards. Social value - Successful action against police, where police pursuit resulted in a crash. Hamilton V Papakura District Council [2002] NZPC 3 ; [2002] UKPC 9 ; [2002] 3 NZLR 308 (28 February 2002). ), refd to. 2. what a reasonable person would do in response to risk 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. Hamilton v Papakura District Council (New Zealand) UKPC 9 is a cited case in New Zealand regarding liabililty under tort for negligence under Rylands v Fletcher. The mere fact that certain herbicides may kill or damage certain plants at certain concentrations does not itself establish such a risk. Facts: The water authority had put in the water supply herbicides which damaged the crops they sought to grow, and which were watered from the supply. If a footnote is at the end of a sentence, the footnote number follows the full stop. This paper outlines the categories of potential legal liability at common law, and in statute. The Court of Appeal considered that the Ashington Piggeries case was distinguishable in principle, emphasising the importance of the particular facts, a matter to which it also referred in relation to other cases cited for the Hamiltons. Thus, the damage was foreseeable. 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. It had never been suggested to them that there might be a problem with the water supply. a. Supplying water for the purpose of covered crop cultivation is supplying it for a particular purpose in terms of section 16(a) of the 1908 Act. The Court continued: 33. See [2000] 1 NZLR 265, 278, para 53. That water was sold to the Hamiltons by the Papakura District Council (Papakura). As requested by Mr Casey (in the event of the appeal failing), the question of costs is reserved. Rylands v Fletcher If D brings onto their land something which is "not naturally there" and it escapes and causes damage, D is liable for all Hamilton v Papakura District Council [2002] 3 NZLR 308 (Privy Council) . Donate. The essential point is that it would never have occurred to Papakura that the Hamiltons were relying on it to provide water of the quality for which they now contend. Children. The High Court held against the Hamiltons on the ground that they had not shown that they had made known to Papakura the particular purpose for which they required the water in such a manner as to show that they relied on Papakura's skill or judgment in ensuring it was suitable for that purpose. Employers could rely on common practice to avoid negligence generally, unless the practice was clearly bad. Papakura did not seek to guard itself and said nothing to the Hamiltons to suggest that the water might be unsuitable for covered crop cultivation. It necessarily has some characteristics in common See Bruce Construction Corp. v. United States, 324 F.2d 516, 518 (Ct. Cl. Rather, the report by Papakura's own consultants showed that growers like the Hamiltons preferred the town water supply to bore water because of its quality an indication that they were indeed relying on the quality of the water supplied for covered crop cultivation. If it is at the end of a clause, it . . Test. The service to Papakura is set to cost $12.20 one way for passengers from Hamilton. Denying this sacred rite to any person is totally unacceptable. 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. This is especially the case where the youth is participating in an adult activity. 556 (C.A. 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 . You also get a useful overview of how the case was received. Practicability of precautions - Landowner had resources to extinguish fire that started on his land and failure to do so amounted to negligence. Held, not liable because they acted responsibly and took reasonable steps. (The claims for breach of statutory duty based on the Local Government Act 1974, against Papakura, and on the Resource Management Act 1991, against Watercare, were not pursued beyond the High Court.). Please log in or sign up for a free trial to access this feature. What is meant by the claim that memory is reconstructive? Hamilton v Papakura District Council . Nature of Proximity authority . 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. Paid for and authorized by Vote for Hamilton 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. By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. The subcontractor's fixed-price invoice evidences the actual cost to HPC of replacing the pad. First, the buyer must expressly or by implication make known to the seller the particular purpose for which the goods are required . Indeed to this day Papakura maintains in its defence to this action that the water was entirely suitable for that purpose. )(5x)!p(x)=\frac{(5 ! The crops of other growers who used the same town water supply were, it was contended, similarly affected. Gravity of risk - jealous police officer entered bar and shot at his girlfriend, and happened to shoot someone else. 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. The dispute centres around the first two. [para. 1. Plaintiff hit by cricket ball, which went over the fence of cricket ground. The Court referred to its conclusion that the High Court was correct in deciding that the damage complained of was not reasonably foreseeable as required to establish liability in negligence. 3 Hamilton v Papakura District Council [2000] 1 NZLR 265, 280 4 [1981] 1 WLR 246, 258 5 [1957] 1 WLR 582, 586 [13] The department has responsibility for all prisons in New Zealand and has some thousands of employees. In this case it is accepted that the third precondition is satisfied. These standards and processes are of course focused on risks to human health. Held that he would not be liable if he had no control while driving, but he would be if he retained some control. Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. 28. 2. Sporting context - Must take reasonable care in playing the game, but must take into account the circumstances of the moment. For the reasons which we have given we consider that the Court of Appeal erred in law in making their assessment of the evidence and hence in the conclusions which they drew from it in respect of the requirements of section 16(a). Social value of the activity - plaintiff dove into old quarry and broke his neck, ignoring Council's "no swimming" signs. The facts do not raise any wider issue of policy about s16. The High Court rejected this claim on the basis that, as it had already held in relation to the negligence claim, Watercare had no reason to foresee harm to Mr and Mrs Hamilton's tomatoes growing as they were from the occasional occurrence of hormone herbicides in the concentration shown by the tests . Cited Rylands v Fletcher HL 1868 The defendant had constructed a reservoir to supply water to his mill. 60. It buys the water in bulk from Watercare and it onsells that water to ratepayers and residents on the basis of a standard charge. The relevant current statute is the Local Government Act. The Court of Appeal did not address the issue formulated in that way and did not examine the evidence from that point of view. Marriage is sacred. Question of foreseeability. The mere happening of the event is proof of negligence. They sued for damages for breach of the condition in section 14(1) of the Sale of Goods Act 1893. Driver suffered blow to eye by insect and ran into back of lorrie. Hydroponic tomato growers complained about impurity in water. Held: The defendant . 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. Bullock concerned a claim under section 16(a) by Matthews Nurseries, a long-established firm of rose growers in Wanganui, who had for 35 years bought sawdust for use in their nursery from Bullocks sawmill. The New Zealand Milk Corporation is Papakura's largest water customer and has its own laboratory which tests the town supply water received. The buyer in Ashington Piggeries selected the seller; and the particular purpose (that the food was to be used for feeding mink) was communicated to the seller as was the fact that the expertise of the compounders was to be relied on not to provide food which was toxic to mink. Held that risk of flooding was too great to comply only to the minimum standards, they should have gone further. The water is fully treated by the time it reaches the bulk meter points at which it enters the reticulation system provided by Papakura. Hamilton v. Papakura District Council, [2000] 1 N.Z.L.R. Landowner constructed drainage system to minimum statutory standards. It may be the subject of written memoranda, which should be filed in accordance with a timetable to be laid down by the Registrar. Manchester Liners Ltd. v. Rea Ltd., [1922] 2 A.C. 74, refd to. Explore contextually related video stories in a new eye-catching way. Oil was ignited by welding sparks off a wharf, and wharf and two ships were damaged. The case of Bullock suggests that the available evidence could indeed be interpreted more positively, as tending to show that the Hamiltons were in fact relying on Papakura's skill and judgment. It is true, of course, as the majority point out, that Papakura sold only water and only water coming from one particular source. The Court of Appeal held ([2000] 1 NZLR 265, 276, para 42) that, to avail the Hamiltons, any implied term would need to be that the water supplied was suitable for their particular horticultural use . No evidence was called to support the imposition of such a wide ranging, costly and burdensome duty. The Court of Appeal put the matter this way: 38. Cited Christopher Hill Ltd v Ashington Piggeries Ltd HL 1972 Mink farmers had asked a compounder of animal foods to make up mink food to a supplied formula. Tauranga Electric Power Board v Karora Kohu. OBJECTIVE test. (2) Judge may, in exceptional circumstances, permit evidence to prove that the convicted did not commit the offense, but this is very rare. Mental disability - NZ. Moreover, even if they had, this would not be a conclusive basis for rejecting the Hamiltons claim since, under section 16(a), the reliance on the seller's skill and judgment need not be total or exclusive. 3, 52]. Special circumstances of a rushed emergency callout. [paras. Solar energy cells. A second, distinct reason is provided by the requirement of foreseeability. But not if the incapacity inflicts itself suddenly. Employee slipped. Hamilton and M.P. Match. Judicial Committee of the Privy Council, 2002. The House of Lords unanimously rejected that argument. In the event that is of no consequence for the resolution of the appeal.). He summarised the approach to be applied in this way ([1969] 2 AC 31, 115E). We do not make allowances for learner drivers. 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