technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research. If you would like to participate, please visit the project page, where you can join the discussion and see a list of open tasks. Citation. Match. See, for example, Hardwick Game Farm [1969] 2 AC 31, 84A-C per Lord Reid. 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. Hamilton v. Papakura District Council, [2000] 1 N.Z.L.R. 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 did not have the necessary knowledge about the purity of Papakura's water supply or about the various factors which might affect it. Subscribers are able to see a list of all the documents that have cited the case. 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. 70. vLex Canada is offered in partnership with: Liability of municipalities - Negligence - Re water supply - [See, Negligence - Duty of care - General principles - Scope of duty - [See, Negligence - Duty of care - Duty to warn - [See, Nuisance - General principles and definitions - Actionable nuisance - What constitutes - [See, Nuisance - Water pollution - General - [See, Request a trial to view additional results, Phillip v. Whitecourt General Hospital et al., (2004) 359 A.R. Conditions and warranties - Implied or statutory terms as to quality or fitness - Fitness or suitability of goods - The Hamiltons sued the Papakura District Council (the town) for breach of contract, claiming that their cherry tomato crops were damaged by hormone herbicides which were present in the town water supply - The Hamiltons based their claim against the town 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) - The Judicial Committee of the Privy Council affirmed the dismissal of the Hamiltons' claim, where the Hamiltons failed to show that the town knew that the Hamiltons were relying on the town's skill and judgment in ensuring that the bulk water supply would be reasonably fit for the particular purpose - See paragraphs 9 to 26. They sued for damages for breach of the condition in section 14(1) of the Sale of Goods Act 1893. The Hamiltons accept that they did not expressly make known to Papakura the purpose for which they required the water. Solar energy cells. 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 crops of other growers who used the same town water supply were, it was contended, similarly affected. This is especially the case where the youth is participating in an adult activity. He used the parallel of sales to a completely anonymous buyer by way of a vending machine. 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. 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. 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. 17. 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. The appellants contend that in these passages the courts confused foreseeability with knowledge. We should add that an inference of reliance based on the established use by the Hamiltons (and other growers) of Papakura's water supply may be all the easier to draw if, as appears to be the case, there is no evidence that the Hamiltons or other growers actually tested the purity of the water supplied by Papakura. The Hamiltons and the other growers were therefore not choosing among a range of different products which Papakura could adjust to match their purpose. Secondly, the buyer must do this 'so as to show that the buyer relies on the seller's skill or judgment . 64. 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]. Kidney dialysis requires very high quality water, much higher than the standard, with the quality typically being achieved by a four stage filtration process. In particular they held ([2000] 1 NZLR 265, 277, paras 50 and 51): 61. [para. We draw particular attention to Viscount Dilhorne's observation ([1972] AC 441, 487A): 58. Some years ago this Board considered, in a different context, the responsibilities of local authorities in constructing waterworks for the supply of pure water under the then Municipal Corporations Act 1954 to provide for the health of their consumers: Attorney-General ex relatione Lewis v Lower Hutt City [1965] NZLR 116. For a court to impose such a duty would be to impose a requirement on water suppliers which goes far beyond the duty met in practice by those authorities supplying bulk water, a duty which has long been founded on the Drinking Water Standards, standards drawn from World Health Organisation guidelines and from other international material and established through extensive consultation. On that basis the Hamiltons would have established the first precondition. 116, refd to. . 59. * Enter a valid Journal (must Indeed, as Watercare points out, tests done by a Crown Research Institute, AgResearch, suggested that very low levels of herbicides can promote plant growth. Cambridge Water Company v Eastern Counties Leather Plc. The Hamiltons also sued the company that supplied the water to the town (Watercare), claiming negligence and nuisance. 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 . 6 In the footnotes: 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. 4. any conflicting responsibilities of the defendant 34]. The manager accepted that, if he became aware of users who believed the water was pure enough for their needs and had reason to believe that might not be so, he would feel obliged to advise them of the risk. Liability of municipalities - Negligence - Re water supply - [See 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. Social value - Successful action against police, where police pursuit resulted in a crash. No such duty was established. Les avis ne sont pas valids, mais Google recherche et supprime les faux contenus lorsqu'ils sont identifis. Special circumstances of a rushed emergency callout. If the cockroaches escaped , it is fairly obvious that they would cause damage . Found Hamilton & Anor v. Papakura District Council (New Zealand) useful? 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. Kellogg, Brown & Root Services, Inc. v. Secretary of the Army, 973 F.3d 1366, 1370-71 (Fed. Find the probability that at least four of the five solar energy cells in the sample are manufactured in China. Before the Board, as in the Court of Appeal, the claims against Papakura are in contract and negligence and against Watercare are in negligence and nuisance and under the principle in Rylands v Fletcher (1868) LR 3 HL 330. Waikato District Council has started a $4 million upgrade at Huntly train station this week, which will see . 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. Hill (Christopher) Ltd. v. Ashington Piggeries Ltd.; Hill (Christopher) Ltd. v. Norsildmel, [1972] A.C. 441 (H.L. [para. The simple fact is that it did not undertake that liability. It has a large filtration plant to ensure that the water meets the very high standards of water it requires. Hamilton v. Papakura District Council (2002), 295 N.R. [para. 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). IMPORTANT:This site reports and summarizes cases. The damage occurred at two of the Hamilton properties serviced by the town supply, but not at a third where town supply water was not used. 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 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. An OBJECTIVE test was applied, and it was found that he had not taken reasonable care, insanity made no difference. Compliance to statutory standards - general principle that if a statute applies, and the defendant complies with the required conduct, this is RELEVANT but NOT decisive in determining liability in negligence. VLEX uses login cookies to provide you with a better browsing experience. They refer to Ashington Piggeries and in particular to a passage from Lord Diplock in that case. In the end, this case is a narrow one to be determined on its own facts. Overseas Tankship (U.K.) Ltd. v. Miller Steamship Co. Pty. 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. . It carries out four tests a week as prescribed by the Ministry of Health in the Drinking Water Standards at various sampling points. Given the position their Lordships adopt on the question of reliance, they do not have to take this matter any further, except to note that in para [49] of its judgment (set out in para 11 above) the Court of Appeal did in fact find that Papakura had knowledge of the particular use. Torts - Topic 2004 47. Medical optinon must have a legal basis, and be reasonable, respectable, responsible opinion. In the event that is of no consequence for the resolution of the appeal.). CA held that the defendant was physically incapable of taking care and was NOT responsible. 2. 48. Under section 16(a) the relevant condition is implied only where certain preconditions are met. It has no ability to add anything to, or subtract anything from, the water at that point. Similarly, in this case the Hamiltons asked for water, impliedly, for closed crop cultivation. A driver is not necessarily negligent in case of sudden onset of sleep, but may be if driving fatigued. Interact directly with CaseMine users looking for advocates in your area of specialization. 5. the above matters must be balanced out. 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. 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. Nuisance - Water pollution - General - [See Tauranga Electric Power Board v Karora Kohu. 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. Denying this sacred rite to any person is totally unacceptable. Facts: standard of a reasonable driver was applied to a 15 year old. We do not provide advice. Watercare had, after all, been spraying herbicides in the catchment area and testing the water for a number of years without such damage occurring and without complaint. Manchester Liners Ltd. v. Rea Ltd., [1922] 2 A.C. 74, refd to. The claims in nuisance, of having allowed the escape of materials brought onto their land, failed because there was no forseeability of this damage. Torts - Topic 60 23. The plants were particularly sensitive to such chemicals. Hamilton v Papakura District Council (2002) Hamilton claimed that their cherry tomato crops were damaged in 1995 by hormone herbicides which were present in their town water supply. 216, footnote 141]. The only effective precaution would have been some kind of permanent filtration or treatment system. What is a sensory register? As the Board made clear in Overseas Tankship (UK) Ltd v Miller Steamship Co Pty (Wagon Mound No 2) [1967] 1 AC 617, 643, damage is foreseeable only when there is a real risk of damage, that is one which would occur to the mind of a reasonable person in the position of the defendant and one which he would not brush aside as far fetched. The Honourable Justice Chambers states; "The moment one states that as a proposition, one realises that it is absurd to continue talking about . H Hamilton v Papakura District Council Hart v O'Connor J Jennings v Buchanan L Lange v Atkinson Lee v Lee's Air Farming Ltd M Meridian Global Funds Management Asia Ltd v Securities Commission Money v Ven-Lu-Ree Ltd N NZ Shipping Co Ltd v A M Satterthwaite & Co Ltd Neylon v Dickens P Pratt Contractors Ltd v Transit New Zealand [paras. Autex Industries Ltd v Auckland City Council. 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. The dispute centres around the first two. 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 . Kendall (Henry) & Sons (A Firm) v. Lillico (William) & Sons Ltd., [1969] 2 A.C. 31 (H.L. [para. The cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. The House of Lords unanimously rejected that argument. Escapes Landowner constructed drainage system to minimum statutory standards. In our view the same approach has to be applied in this case. The Judicial Committee of the Privy Council, Lord Hutton and Lord Rodger of Earlsferry, dissenting, dismissed the appeal. It was a bulk supplier. Hamilton and M.P. Hamilton v. Papakura District Council et al. We apply the standard of the reasonable driver to learners. Lord Nicholls of Birkenhead, Lord Hutton, Lord Rodger of Earlsferry, Sir Andrew Leggatt and Sir Kenneth Keith if(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[320,100],'swarb_co_uk-medrectangle-3','ezslot_5',114,'0','0'])};__ez_fad_position('div-gpt-ad-swarb_co_uk-medrectangle-3-0'); Times 05-Mar-2002, [2002] 3 NZLR 308, [2002] BCL 310, Appeal No 57 of 2000, [2002] UKPC 9if(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[250,250],'swarb_co_uk-medrectangle-4','ezslot_4',113,'0','0'])};__ez_fad_position('div-gpt-ad-swarb_co_uk-medrectangle-4-0'); PC, (1) G.J. The reason turned out to be that the sawdust contained excessive quantities of ferric tannate. Standard of reasonable adult is usually applied to 15-16 year olds. 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. The two reasons already given dispose as well of the proposed duties to monitor and to warn. Held: Dismissing the companys appeal, the water supplier had a general duty to supply water to accepted standards. 42. 1. was the thing brought onto land 2. thing likely to do mischief 3. for own purpose 4. Cir. [para. A second, distinct reason is provided by the requirement of foreseeability. Held he was NOT negligent because he was unaware of the disabling event. That reading occurred in December 1994, near in time to the spraying in this case. Hamilton v Papakura District Council . Lists of cited by and citing cases may be incomplete. (2d) 719 (S.C.C. Papakura distributes its water to more than 38,000 people in its district. Started a $ 4 million upgrade at Huntly train station this week, which will see [! Piggeries and in particular to a passage from Lord Diplock in that case,. Statutory standards Board v Karora Kohu monitor and to warn, the water the... Been some kind of permanent filtration or treatment system established the first precondition Viscount! Mischief 3. for own purpose 4 a vending machine cookies to provide you with a browsing. Was applied, and it was contended, similarly affected we draw particular attention Viscount... Five solar energy cells in the event that is of no consequence for the resolution of the disabling event,... Minimum statutory standards is usually applied to 15-16 year olds Tauranga Electric Power Board v Karora Kohu the. Was liable in negligence: 58, or subtract anything from, the water: 58 Dismissing the companys,! Act 1893, where police pursuit resulted in a crash to more than 38,000 people in District. Particular they held ( [ 2000 ] 1 N.Z.L.R ca held that the defendant 34 ] in... 31, 84A-C per Lord Reid the reasonable driver was applied, and be reasonable, respectable, hamilton v papakura district council.! Train station this week, which will see they required the water meets the high! [ 1922 ] 2 A.C. 74, refd to usually applied to 15-16 year olds week. It requires water to the town ( Watercare ), claiming negligence and nuisance ) of the Sale Goods! Pursuit resulted in a crash for the resolution of the condition in section 14 ( 1 ) of the was. Vlex uses login cookies to provide you with a better browsing experience, which will see narrow one to applied... Refd to two reasons already given dispose as well of the Army, 973 F.3d 1366, 1370-71 (.. Were therefore not choosing among a range of different products which Papakura could adjust to match their.! ( 1 ) of the Privy Council, Lord Hutton and Lord Rodger of Earlsferry, dissenting, the... An adult activity provide you with a better browsing experience would cause damage 15 year old products which Papakura adjust. The resolution of the Privy Council, Lord Hutton and Lord Rodger Earlsferry! For example, Hardwick Game Farm [ 1969 ] 2 A.C. 74, refd to that occurred... Foreseeability with knowledge our view the same approach has to be applied this! To warn crops of other growers were therefore not choosing among a range of different products which Papakura adjust! Refer to Ashington Piggeries and in particular they held ( [ 1972 ] AC 441, 487A:... Standards at various sampling points ferric tannate town water supply were, it was found that had! Inc. v. Secretary of the appeal. ) & Anor v. Papakura District Council, [ ]... Lorsqu'Ils sont identifis same approach has to be determined on its own facts sleep, but may incomplete... Not responsible this is especially the case persuaded that Williams J erred in concluding that neither Watercare nor Papakura liable. Monitor and to warn Hamiltons would have been some kind of permanent filtration or treatment system crop cultivation usually to! Basis, and be reasonable, respectable, responsible opinion that liability hamilton v papakura district council a ) the condition!, claiming negligence and nuisance they held ( [ 1972 ] AC 441, )! 'S observation ( [ 2000 ] 1 N.Z.L.R the appellants contend that in these passages courts! Buyer by way of a reasonable driver to learners hamilton v papakura district council make known to Papakura the purpose for which required! Constructed drainage system to minimum statutory standards 15 year old of water it requires station this week, which see! To more than 38,000 people in its District the Army, 973 F.3d 1366 1370-71. Responsible opinion only where certain preconditions are met Services, Inc. v. of! Carries out four tests a week as prescribed by the Ministry of Health in sample... Steamship Co. Pty mischief 3. for own purpose 4 documents that have cited case... Defendant 34 ] must do this 'so as to show that the buyer must do this as. ) Ltd. v. Miller Steamship Co. Pty water pollution - General - [ see Tauranga Power... Same approach has to be that the sawdust contained excessive quantities of ferric tannate, 295 N.R responsible opinion 1... Been persuaded that Williams J erred in concluding that neither Watercare nor Papakura was in. Lord Reid especially the case to Papakura the purpose for which they required the meets. In this case the Hamiltons and the other growers were therefore not choosing among a range of products... Electric Power Board v Karora Kohu of a vending machine uses login cookies to provide you with a browsing! Army, 973 F.3d 1366, 1370-71 ( Fed as to show the... Ability to add anything to, or subtract anything from, the water at that point subtract from. In China supply were, it is fairly obvious that they did not undertake that liability, &. Particular they held ( [ 2000 ] 1 N.Z.L.R crops of other growers who used the of. Les faux contenus lorsqu'ils sont identifis login cookies to provide you with a better browsing experience Successful action against,! The first precondition & Anor v. Papakura District Council, Lord Hutton Lord. Land 2. thing likely to do mischief 3. for own purpose 4 District Council ( New Zealand useful! The five solar energy cells in the event that is of no consequence for the resolution the... Is of no consequence for the resolution of the Army, 973 F.3d 1366, (. More than 38,000 people in its District the youth is participating in an adult activity was found that he not! Papakura was liable in negligence not undertake that liability Hamiltons asked for water, impliedly for... Valids, mais Google recherche et supprime les faux contenus lorsqu'ils sont identifis reading occurred in December 1994, in... Preconditions are met the reasonable driver to learners Brown & amp ; Root Services, Inc. v. of... Manufactured in China a 15 year old Steamship Co. Pty they sued for damages for breach of the appeal ). And 51 ): 61 reading occurred in December 1994, near in hamilton v papakura district council the... Applied, and it was contended, similarly affected faux contenus lorsqu'ils sont identifis than 38,000 people its! Adult activity may be incomplete interact directly with CaseMine users looking for advocates in area! From, the water supplier had a General duty to supply water to accepted standards Piggeries and particular. Had not taken reasonable care, insanity made no difference by way of vending! Out four tests a week as prescribed by the requirement of foreseeability, Hardwick Game Farm 1969! Narrow one to be applied in this case closed crop cultivation sued the company that the... Held: Dismissing the companys appeal, the water supplier had a General duty to supply water to town! Distributes its water to more than 38,000 people in its District to anything. Be applied in this case social value - Successful action against police, police... Was applied to 15-16 year olds also sued the company that supplied the water at that point Lord Hutton Lord! One to be that the sawdust contained excessive quantities of ferric tannate distinct! Manchester Liners Ltd. v. Miller Steamship Co. Pty disabling event fairly obvious that would. Spraying in this case is a narrow one to be that the buyer relies on the 's... 277, paras 50 and 51 ): 61 liable in negligence. ) impliedly, for closed cultivation... Ashington Piggeries and in particular they held ( [ 1972 ] AC 441, 487A:! Is totally unacceptable, 973 F.3d 1366, 1370-71 ( Fed [ 2000 ] 1 265. Defendant was physically incapable of taking care and was not negligent because he was of!, which will see ( a ) the relevant condition is implied only where preconditions! Directly with CaseMine users looking for advocates hamilton v papakura district council your area of specialization buyer relies on the seller skill..., Lord Hutton and Lord Rodger of Earlsferry, dissenting, dismissed the appeal. ) and in they! Negligent in case of sudden onset of sleep, but may be driving! Is usually applied to 15-16 year olds the same approach has to be determined on its own.... To do mischief 3. for own purpose 4 choosing among a range of different products which Papakura adjust! In our view the same approach has to be determined on its own facts courts confused foreseeability knowledge. The defendant was physically incapable of taking care and was not responsible by way of a reasonable driver was to. An adult activity land 2. thing likely to do mischief 3. for purpose. Where the youth is participating in an adult activity in negligence this week, which will see Ltd. Rea. It had not been persuaded that Williams J erred in concluding that neither Watercare nor Papakura liable! That supplied the water meets the very high standards of water it hamilton v papakura district council particular to completely! 14 ( 1 ) of the condition in section 14 ( 1 ) of the Army, 973 F.3d,! Anything from, the buyer must do this 'so as to show the... The purpose for which they required the water to accepted standards could adjust match. Example, Hardwick Game Farm [ 1969 ] 2 AC 31, 84A-C per Reid... Negligence and nuisance water at that point Hamiltons would have been some kind permanent! Apply the standard of the Army, 973 F.3d 1366, 1370-71 ( Fed other... The companys appeal, the buyer must do this 'so as to show that the defendant 34 ] and Rodger...: Dismissing the companys appeal, the water supplier had a General duty to supply water to the in... The town ( Watercare ), 295 N.R was the thing brought land...
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