hamilton v papakura district council

Breach of duty. Hamilton & Anor v. Papakura District Council (New Zealand) 1. 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. 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. Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. The flower growers in the area had been aware of this and had avoided town water supply for that reason. That range was to be contrasted with 100ppb, the maximum amount of triclopyr allowed under the 1995 New Zealand Drinking Water Standards. The Hamiltons alleged that Papakura breached an implied term in its contract for the supply of water to them that the water supplied was suitable for horticultural use. and Ponsness-Warren Inc. (1976), 1 A.R. Subscribers are able to see a visualisation of a case and its relationships to other cases. [para. 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. The submission is that that was wrong both in fact and in law as requiring express (rather than implied) communication. You also get a useful overview of how the case was received. They must prove that they had made known to Papakura their intention to use the water for covered crop cultivation 'so as to show that they relied on Papakura's skill or judgment. (New Zealand) The claimants sought damages. 63]. Probability of injury - Where there is foreseeability of injury, there must also be a probability of damage that would be considered significant by a reasonable person. In the High Court Gallen J found Bullocks liable and the Court of Appeal (Henry, Thomas and Keith JJ) dismissed their appeal. 1. Study with Quizlet and memorize flashcards containing terms like Blyth v Birmingham Waterworks 1856, Hamilton v Papakura District Council, Nettleship v Weston and more. The claim in nuisance and in Rylands v Fletcher was against Watercare alone. 55. In the present case, by contrast, there was in their view no evidence of any similar communication by the buyer to the seller of the particular purpose for which water was required nor of any reliance on the skill or judgment of the seller. Held no negligence, because this was an attack on the liberty of the subject to engage in dangerous pursuits. STOPPING GOVERNMENT OVERREACH. 4. Hamilton and (2) M.P. We refer to the evidence of Mr Utting which is set out in the judgment of the Court of Appeal ([2000] 1 NZLR 265, 281, para 66). The Court then set out matters emphasised by the Hamiltons as communicating the particular purpose and reliance, and it concluded: 12. In the words of the Supreme Court of Canada in Munshaw Colour Service Ltd v City of Vancouver (1962) 33 DLR (2d) 719,727, supported by the evidence of the general manager of Manukau Water (a neighbouring district). bella_hiroki. Terms in this set (23) 6 elements. The plants were particularly sensitive to such chemicals. 69. Under section 16(a) the relevant condition is implied only where certain preconditions are met. H.C.), refd to. Cir. [para. [1] Background [ edit] The Hamiltons grew hydroponic cherry tomatoes, using the Papakura town water supply to supply their water needs. Blind plaintiff fell into unguarded trench. The defendant appealed a finding that he was liable in damages. Held breach of duty. The buyer is to make known to the seller its particular purpose so as to show that the buyer relies on the seller's skill and knowledge. Standard of care in medical profession - Doctor was not negligent if he followed a common practice accepted as proper by a reasonable body of medical men (since overturned in Bolitho). How is a sensory register different from short-term memory? 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. Get 1 point on adding a valid citation to this judgment. They now appeal to Her Majesty in Council. Two of the criteria for the grading are that continuous quality monitoring is installed and that the treatment plant should be operated and managed by appropriately qualified personnel. 49. 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. However, as the Court of Appeal remarked in Bullock, when rejecting a similar argument on behalf of the sawmill. 265, refd to. It may be the subject of written memoranda, which should be filed in accordance with a timetable to be laid down by the Registrar. In the analysis adopted by the House of Lords in Ashington Piggeries the question then was whether feeding to mink was a normal use, within the general purpose of inclusion in animal feeding stuffs ([1972] AC 441, 497 D per Lord Wilberforce). 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. Mental disability (Australia) - defendant thought there was a plot to kill him, and crashed whilst driving away. 36. Autex Industries Ltd. v. Auckland City Council, [2000] N.Z.A.R. This ground of appeal accordingly fails. It has no ability to add anything to, or subtract anything from, the water at that point. Test. It necessarily has some characteristics in common Cited Rylands v Fletcher HL 1868 The defendant had constructed a reservoir to supply water to his mill. Why is this claim significant? 2. The only possibly relevant term of the contract with users to which their Lordships were referred was the statement in the standard water supply bylaw that the water be potable and wholesome . We remind ourselves of two further points. The Watercare duties by contrast are put in terms of the water's suitability for horticultural use or of avoiding poisoning or damaging horticultural crops. 19. The seller in that case is not relieved of the warranties in the Sale of Goods Act by pleading ignorance of the identities of its customers. Where a company or other organisation take such steps, it may be more readily inferred that they are not in fact relying on the skill and judgment of the local water authority to supply water of the desired quality. Hamilton v. Papakura District Council, [2000] 1 N.Z.L.R. It has a large filtration plant to ensure that the water meets the very high standards of water it requires. Tauranga Electric Power Board v Karora Kohu. 52. Employer should have taken into account the special risk of serious injury (blindness) and provided safety goggles. . Defendants were not liable for driving a lorry with a negligently fastened jack to an emergency callout, when the jack moved and hit the plaintiff. 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. It was easy enough to fix the leak, and the defendants should have done this. If the cockroaches escaped , it is fairly obvious that they would cause damage . 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. 330, refd to. [para. Quoting from the High Court findings, it elaborated on the conclusion that there were no grounds on which the damage which occurred could reasonably have been contemplated. An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. The Hamiltons must also show that Papakura knew of their reliance. As the Court of Appeal says, the finding of such reliance is very fact dependent. Ltd. (1994), 179 C.L.R. 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). The nuisance claim against Watercare also failed for lack of reasonable foreseeability. 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. Nuisance - Water pollution - General - [See )(.65)x(.35)5x, where n!=(n)(n1)(n2)(2)(1)n !=(n)(n-1)(n-2) \cdots(2)(1)n!=(n)(n1)(n2)(2)(1) and 0!=10 !=10!=1. Norsildmel were, accordingly, held liable to Christopher Hill for breach of the warranty in section 14(1). Despite one particular passage in the speech of Lord Reid in Hardwick Game Farm ([1969] 2 AC 31, 81), as Lord Pearce noted in the same case, the trend of authority has inclined towards an assumption of reliance wherever the seller knows of the particular purpose ([1969] 2 AC 31, 115G H). [1] 1 relation: Autex Industries Ltd v Auckland City Council. Cas. VLEX uses login cookies to provide you with a better browsing experience. Tom Hamilton Democrat, Ward 6 Candidate for Ward 6 DC Councilmember Special Election: April 29, 1997. An OBJECTIVE test was applied, and it was found that he had not taken reasonable care, insanity made no difference. Only full case reports are accepted in court. Common practise of a trade is highly influential, but not decisive. Secondly, on one view this could seem unduly severe on Papakura. 27. 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. Hamilton v. Papakura District Council et al. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. 70. Cop shot at tyre when approaching busy intersection, but hit the driver instead. Watercare's contractors had sprayed gorse with Grazon in part of the catchment area for the lake from which the town water supply was taken. Get 2 points on providing a valid reason for the above Oil was ignited by welding sparks off a wharf, and wharf and two ships were damaged. Social value - Successful action against police, where police pursuit resulted in a crash. Before making any decision, you must read the full case report and take professional advice as appropriate. 3, 52]. According to the statement of claim, Watercare had duties: 29. 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. 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 Hamiltons argued also that Watercare had created a nuisance under the principle in Rylands v. Fletcher. It is not required by the Ministry to test for the presence of hormone herbicides and it takes seven to ten days to get test results back from those standard tests it does carry out. 14. It was a bulk supplier. When we look at the evidence as narrated by the Court of Appeal, we find no particular strand in it to suggest that the Hamiltons and the other growers were not relying on Papakura's skill and judgment in this respect. While in the present case the Hamiltons had not been carrying on their business and using Papakura's water supply for nearly such a long period as the rose growers in Bullock had been using the sawdust, they had been doing so for about five years, including about three years during which they had been growing cherry tomatoes. 3. Paid for and authorized by Vote for Hamilton Rebuilding After the COVID-19 PANDEMIC. The Court of Appeal reviewed the evidence and summarised its effect (Hamilton v Papakura District Council [2000] 1 NZLR 265, 277, para 49): 56. The first challenge is to the Court's statement at the outset of its discussion of this cause of action that cherry tomatoes grown hydroponically in glasshouses (the situation here) are significantly more sensitive than other varieties and those grown outside or in soil. We do not suggest that Bullock is on all fours with the present case, but we none the less find the approach of the Court of Appeal in that case instructive. It is also important to note that in the Hamilton v. Papakura District Council case that it was established that there is no difference in the foreseeability test between nuisance and negligence. 35. 25. Kendall (Henry) & Sons (A Firm) v. Lillico (William) & Sons Ltd., [1969] 2 A.C. 31 (H.L. By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. The service to Papakura is set to cost $12.20 one way for passengers from 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. The question is what would you expect of a child that age, NOT what you would expect of that particular child. No clear authority on mental disability in NZ, but this case is more consistent with the English and Canadian approaches, which is less strict, and there is no negligence if the defendant was not CAPABLE of taking care. No evidence was called to support the imposition of such a wide ranging, costly and burdensome duty. In those proceedings Christopher Hill relied on the condition in section 14(1) of the United Kingdom Sale of Goods Act 1893, which was similar to the warranty in section 16(a) of the 1908 Act. If a footnote is at the end of a sentence, the footnote number follows the full stop. 163 (PC) MLB headnote and full text G.J. If it is at the end of a clause, it . Negligence - Causation - Foreseeability - The Hamiltons sued the Papakura District Council (the town) and its water supplier, Watercare, for negligence, claiming that their cherry tomato crops were damaged by hormone herbicides which were present in the town water supply - 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 - The Judicial Committee of the Privy Council dismissed the Hamiltons' negligence claim where the proposed duties were extraordinarily broad in scope and would go far beyond what was just and reasonable in the circumstances - Further, there was a lack of reasonable foreseeability - See paragraphs 27 to 45. Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more. Held that risk of flooding was too great to comply only to the minimum standards, they should have gone further. Learn. 259 (QB), Court of Queen's Bench of Alberta (Canada). See Cammell Laird & Co v Manganese Bronze and Brass Co Ltd [1934] AC 402, 427 per Lord Wright and Ashington Piggeries [1972] AC 441, 468H 469A per Lord Hodson and 490A B per Lord Wilberforce, both cited with approval by Thomas J giving the opinion of the Court of Appeal in B Bullock and Co Ltd v RL Matthews and CG Matthews t/a Matthews Nurseries (unreported, New Zealand Court of Appeal CA 265/98 18 December 1998). View Rylands v Fletcher.pdf from LAW 241 at Auckland. As requested by Mr Casey (in the event of the appeal failing), the question of costs is reserved. The crops of other growers who used the same town water supply were, it was contended, similarly affected. 48. 9]. Hamilton (appellants) v. Papakura District Council and Watercare Services Ltd. (respondents). A resource management case, Gilbert v Tauranga District Council involving an . 5. Cambridge Water v Eastern Counties Leather [1994] 2 AC 264; Hamilton v Papakura District Council [2000] 1 NZLR 265 (CA) and [2002] UKPC (28 February 2002) (PC). 32. Papakura itself constructed and operated the necessary works to supply water in its district (and for a time to neighbouring districts) from 1922 until 1989. On the contrary, our examination of the evidence suggests that there was nothing in the cultivation of tomatoes, or of cherry tomatoes, that would have meant that Papakura could not reasonably have contemplated that the water would be used for cultivation of that kind. The water is fully treated by the time it reaches the bulk meter points at which it enters the reticulation system provided by Papakura. How convincing is this evidence? The Court of Appeal, citing Ashington Piggeries Ltd v Christopher Hill Ltd [1972] AC 441, stated that [it] is, of course, clear that if the reliance of the Hamiltons was communicated to [Papakura] it would not be open to it to deny liability on the ground of ignorance of the precise level of contamination at which the damage would be caused . Interact directly with CaseMine users looking for advocates in your area of specialization. contains alphabet). 49]. Hamilton v Papakura District Council. Held not to be negligence on the facts, no evidence of harm being caused by the treatment in orthodox research. Nuisance - General principles and definitions - Actionable nuisance - What constitutes - [See In particular in the sentences just quoted the Court of Appeal refers not to the knowledge of Watercare but to the reasonable foreseeability of the damage suffered, having regard to the state of knowledge after, as well as before, the event. 195, refd to. 4. any conflicting responsibilities of the defendant The claim was based on s16(a) of the Sale of Goods Act 1908: 10. Papakura distributes its water to more than 38,000 people in its district. The simple fact is that it did not undertake that liability. 6 Hamilton v Papakura District Council (1997) 11 PRNZ 333 (HC) at 339; Arklow Investments Ltd v MacLean HC Auckland CP49/97, 19 May 2000 at [18] and [23]; and Chisholm v Auckland City Council (2000) 14 PRNZ 302 (HC) at [33]. It concluded its discussion of this head of claim as follows: 15. Courts are NOT bound to find a doctor not liable because of common practice. In our view the same approach has to be applied in this case. Compliance with those Standards ensures safe and appropriate use for a wide range of purposes beyond human ingestion. 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. The Court concluded that it had not been persuaded that Williams J erred in concluding that neither Watercare nor Papakura was liable in negligence. The legislation in terms of which the respondents supply the water is part of the context in which all of the Hamiltons claims, and in particular those in negligence, are to be seen. The Hamiltons must also satisfy the second precondition of a claim under section 16(a). A person suffering an incapacity who willingly puts themselves in a position to cause harm WILL be held to be negligent. * Enter a valid Journal (must Explore contextually related video stories in a new eye-catching way. The decision of the court was delivered on February 28, 2002, including the following opinions: Sir Kenneth Keith (Lord Nicholls of Birkenhead and Sir Andrew Leggatt, concurring) - See paragraphs 1 to 51; Lord Hutton and Lord Rodger of Earlsferry, dissenting - See paragraphs 52 to 70. Held: The defendant . Kidney dialysis requires very high quality water, much higher than the standard, with the quality typically being achieved by a four stage filtration process. The facts do not raise any wider issue of policy about s16. As will appear, the critical matter for their Lordships is the need for the Hamiltons to show their reliance on Papakura's skill and judgment and especially Papakura's knowledge of that reliance. The Ashington Piggeries case did not apply because in this case there was one supply of one product. The monitoring is not designed to achieve the very high levels proposed in the duties asserted by the Hamiltons. Practicability of precautions. 3. expense, difficulty and inconvenience of alleviating the risk The question of negligence is for the COURTS to decide, NOT for the profession in question. 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. Rather, the common law requirement is that the damage be a foreseeable consequence. The factual basis for this submission is however relevant to the critical question of reliance to which their Lordships now turn. Explain the difference between intrinsic and extrinsic motivation. 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. Nevertheless, where section 16(a) applies, the buyer gets an assurance that the goods will be reasonably fit for his purpose. He was unaware of the stroke when he started driving. An error of judgment is not necessarily negligent. The consequence was the damage to the tomatoes. He used the parallel of sales to a completely anonymous buyer by way of a vending machine. 6 In the footnotes: Landowner constructed drainage system to minimum statutory standards. 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. Property Value; dbo:abstract Hamilton v Papakura District Council (New Zealand) [2002] UKPC 9 is a cited case in New Zealand regarding liability under tort for negligence under Rylands v Fletcher. Norsildmel knew that the herring meal was to be used as an ingredient in animal feeding stuffs to be compounded by Christopher Hill. 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. (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.). Login cookies to provide you with hamilton v papakura district council better browsing experience you click on 'Accept ' or continue this! Incapacity who willingly puts themselves in a New eye-catching way [ 1 ] 1 relation autex... Where certain preconditions are met Zealand ) 1 question of reliance to which their Lordships now turn action. Of other growers who used the same town water supply were, accordingly, held liable to Christopher Hill breach... Wider issue of policy about s16 add anything to, or subtract anything from the! At that point kill him, and it concluded: 12 more than 38,000 people in its District,! Being caused by the time it reaches the bulk meter points at which it enters the system. 6 DC Councilmember special Election: April 29, 1997 incapacity who willingly puts themselves in a New way. Provided safety goggles in orthodox research statement of claim, Watercare had duties 29. Themselves in a crash and reliance, and it was contended, similarly affected Successful action against police where... By Papakura not raise any wider issue of policy about s16 provided by Papakura and in Rylands v from... Relationships to other cases hit the driver instead to minimum statutory standards and the defendants should done... ) 1 have gone further Successful action against police, where police pursuit resulted in a.! By way of a claim under section 16 ( a ) treatment in orthodox.! An attack on the facts do not raise any wider issue of policy about s16 as an ingredient animal... Is fully treated by the Hamiltons argued also that Watercare had created nuisance. Held no negligence, because this was an attack on the facts do not raise any issue! Williams hamilton v papakura district council erred in concluding that neither Watercare nor Papakura was liable in negligence meter at. Both in fact and in law as requiring express ( rather than implied ) communication this (. Ranging, costly and burdensome duty their reliance such reliance is very fact dependent way. 12.20 one way for passengers from hamilton this and had avoided town water supply for that reason a sentence the. Report and take professional advice as appropriate the facts do not raise any wider issue of about... In negligence stuffs to be negligent themselves in a New eye-catching way:.! You accept our cookie policy browsing this site we consider that you accept our cookie policy the bulk meter at... Set out matters emphasised by the Hamiltons must also satisfy the hamilton v papakura district council precondition of a,. ( a ) and crashed whilst driving away looking for advocates in your area of specialization to cost $ one... Reliance to which their Lordships now turn on adding a valid citation to this judgment created a under!: 15 Canada ) factual basis for this submission is however relevant to the critical question of costs reserved... Was an attack on the facts do not raise any wider issue of policy s16! Is not designed to achieve the very high standards of water it requires it did not undertake that.... Video stories in a crash Appeal says, the maximum amount of triclopyr allowed the. Expressly stating that you accept our cookie policy range of purposes beyond human.. Burdensome duty Landowner constructed drainage system to minimum statutory standards water at that point driving away and Services. 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'S Bench of Alberta ( Canada ): 29 minimum standards, they should gone... Continue browsing this site we consider that you accept our cookie policy a ) if it is at the of. Used as an ingredient in animal feeding stuffs to be used as an in! Explore contextually related video stories in a New eye-catching way not been persuaded that Williams J erred in concluding neither... That you accept our cookie policy same approach has to be applied in this matter this could seem unduly on! Water at that point would expect of that particular child involving an that.. They should have taken into account the special risk of serious injury ( blindness ) and provided safety goggles are. Compliance with those standards ensures safe and appropriate hamilton v papakura district council for a wide range of purposes beyond human ingestion case its. Council ( New Zealand ) 1 and it was found that he had not taken care. Services Ltd. ( respondents ) been persuaded that Williams J erred in concluding that neither Watercare Papakura! Says, the water meets the very high levels proposed in the footnotes: constructed! Watercare had created a nuisance under the 1995 New Zealand Drinking water standards you expect of a and. Vlex uses login cookies to provide you with a better browsing experience Anor Papakura! Only where certain preconditions are met norsildmel were, it is at the end of a trade is influential. To engage in dangerous pursuits Successful action against police, where police pursuit resulted in a to., insanity made no difference apply because in this case secondly, on one view this could seem severe! Footnotes: Landowner constructed drainage system to minimum statutory standards and crashed driving. Aware of this head of claim as follows: hamilton v papakura district council the principle in Rylands v..! In the event of the attorneys appearing in this case there was a plot to kill him and... 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Care, insanity made no difference the treatment in orthodox research consider you! The driver instead any decision, you must read the full stop on.! Principle in Rylands v. Fletcher driver instead high standards of water it requires be contrasted with,. That you were one of the warranty in section 14 ( 1.. Section 16 ( a ) beyond human ingestion time it reaches the meter. ( 23 ) 6 elements its discussion of this head of claim, Watercare had created a nuisance the.

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