hamilton v papakura district council

Held: There was reliance as to the suitability of the ingredients only.Lord Diplock said: Unless the Sale of Goods Act 1893 is to be allowed . Next, to require that either Papakura or Watercare ensure that the town water supply had a zero level of triclopyr contamination would be unrealistic in this country with its agricultural based economy. * Enter a valid Journal (must Explain the difference between intrinsic and extrinsic motivation. 14. Standard of reasonable adult is usually applied to 15-16 year olds. On this basis they held that Matthews had relied on Bullocks skill and judgment in the critical respect, namely, to supply sawdust which was not contaminated with a toxic substance harmful to plants. It is sharply different from a standard case where, in negotiation with the seller, the buyer can choose one among a range of different products which the seller may be able to adjust to match the buyer's purpose. (1) Papakura District Council and (2) Watercare Services Ltd. Respondents [Majority judgment delivered by Sir Kenneth Keith] 1 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. 11. Little more need be said about them. It is, of course, correct that, for the reasons given by the Court of Appeal, the Hamiltons claim can be distinguished from the counter-claim of Ashington Piggeries Ltd, the buyers, against Christopher Hill Ltd, the sellers, since it was of the very essence of the dispute in Ashington Piggeries that Ashington Piggeries had made it clear that the compound was wanted for only one purpose, as a feed for mink. VLEX uses login cookies to provide you with a better browsing experience. 18. For our part, we would have humbly advised Her Majesty that she should allow the appeal in this respect and remit the case to the Court of Appeal to make the necessary findings of fact. Cir. Court of Appeal of New Zealand decisions from the New Zealand Legal Information Institute (NZLII) website. The water is fully treated by the time it reaches the bulk meter points at which it enters the reticulation system provided by Papakura. Watercare in its statement of defence responded that the bulk water which it supplied to Papakura was potable and complied with the 1995 Standards. Vote Philip Hamilton for the House of Delegates District 57. 57 of 2000 (1) G.J. It is an offence to pollute or cause to be polluted the water supply of any district or the watershed used for supplying water to any waterworks in such a manner as to make the water a danger to human health or offensive (s392). The judgments in this case are however clear. Held that use of the street by blind people WAS foreseeable, so should defendants were in breach of duty. Standard of a reasonable driver was applied to an 11 year old who ran over her mother. You also get a useful overview of how the case was received. 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. 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]. 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. 41. In case of any confusion, feel free to reach out to us.Leave your message here. To achieve the only higher grade, A1, the management systems associated with the treatment plant needed to have been the subject of accreditation in terms of the requirements of the International Standards Organisation (ISO 9000 or equivalent). Terms in this set (23) 6 elements. Advanced A.I. Standard required is reasonable skill of someone in the position in the position of the defendant. Indeed, as Watercare points out, tests done by a Crown Research Institute, AgResearch, suggested that very low levels of herbicides can promote plant growth. Try Combster now! change. Water supply in the wider Auckland area then became the responsibility of the Auckland Regional Council which, in 1992, established Watercare and transferred its water and waste water undertaking to it. 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. Compliance with those Standards ensures safe and appropriate use for a wide range of purposes beyond human ingestion. 51. 3. Because of their very different approach to the evidence we are unable to accept their conclusion that the Hamiltons would necessarily fail to establish the first precondition. Kendall (Henry) & Sons (A Firm) v. Lillico (William) & Sons Ltd., [1969] 2 A.C. 31 (H.L. Oil was ignited by welding sparks off a wharf, and wharf and two ships were damaged. Court of Appeal Court of Appeal of New Zealand, 1999 0 Reviews Reviews aren't verified,. It may be the subject of written memoranda, which should be filed in accordance with a timetable to be laid down by the Registrar. Get 1 point on adding a valid citation to this judgment. The Court then set out matters emphasised by the Hamiltons as communicating the particular purpose and reliance, and it concluded: 12. The consequence was the damage to the tomatoes. The appellants contend that in these passages the courts confused foreseeability with knowledge. 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). An OBJECTIVE test was applied, and it was found that he had not taken reasonable care, insanity made no difference. It appears to us that, just as in Bullock, a court could draw the inference that some degree of reliance must have arisen out of this relationship when, as a matter of fact, the Hamiltons had for some years been able to rely on Papakura not to supply water that was harmful to their crops. Rylands v. Fletcher (1868), L.R. If the cockroaches escaped , it is fairly obvious that they would cause damage . The nuisance claim against Watercare also failed for lack of reasonable foreseeability. A lawyer may be liable for breach of duty if you can prove that they did not act as a reasonable barrister would have (concerned the acceptance of a settlement). 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). 11, 56]. Nuisance - General principles and definitions - Actionable nuisance - What constitutes - [See 0 Reviews. Privy Council. Under the legislation, Watercare's powers include the power to construct, purchase and keep in good repair waterworks for the bulk supply of pure water to the Auckland region (ss379(1) and 707ZZZS). contains alphabet). 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 3. expense, difficulty and inconvenience of alleviating the risk Mental disability (Australia) - defendant thought there was a plot to kill him, and crashed whilst driving away. There can be no assumption of reliance, still less an acceptance of responsibility, by a supplier who is under a statutory duty to supply to a multiplicity of customers water conforming to the drinking water standard. At the other end of the spectrum are very small specialist water users, like kidney dialysis patients. And in the case of Hamilton v Papakura Council 3 , where a small amount of chemicals in normal water damaged highly sensitive tomato plants . See, for example, Hardwick Game Farm [1969] 2 AC 31, 84A-C per Lord Reid. Sale of Goods Act (U.K.) (1908), sect. [para. 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 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. c. What evidence suggest that short-term memory is limited to a few items? The requirement was no different in nuisance and accordingly this cause of action also failed. However, the Court continued, that proposition did not avoid, indeed it emphasised the importance of, the statutory requirement that the particular purpose be made known by the buyer to the seller. 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. The Judicial Committee of the Privy Council, Lord Hutton and Lord Rodger of Earlsferry, dissenting, dismissed the appeal. The New Zealand Milk Corporation is Papakura's largest water customer and has its own laboratory which tests the town supply water received. 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. 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. Driver suffered low onset stroke, and had four accidents before crashing into plaintiff's car. 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. 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. Cambridge Water Co. v. Eastern Counties Leather Plc, [1994] 2 A.C. 264; 162 N.R. Papakura's monitoring procedures have already been briefly mentioned (para 22). Until this particular incident in February 1995 the water supplied by Papakura had never contained any substance that had proved harmful to the Hamiltons crops. That water was sold to the Hamiltons by the Papakura District Council (Papakura), the first respondent, who obtained it from the second respondent, Watercare Services Limited (Watercare), the main bulk water supplier for the Auckland area which includes Papakura. There is no suggestion of any breach of those Standards or indeed of any statutory requirements. Rather, the common law requirement is that the damage be a foreseeable consequence. Employer had insufficient resources to cover floor with sawdust. and the rule in Rylands v Fletcher continue to be applicable. 27. 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. Subscribers are able to see a visualisation of a case and its relationships to other cases. 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. And the duty asserted would be imposed similarly for the benefit of other specialist users of water such as kidney dialysis patients and brewers and would apply to water supply authorities throughout the country. Incapacity. Click here to remove this judgment from your profile. 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. 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. 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. 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Hamilton V Papakura District Council [2002] NZPC 3 ; [2002] UKPC 9 ; [2002] 3 NZLR 308 (28 February 2002). The Hamiltons sued the Papakura District Council (the town) in contract and negligence, claiming that their cherry tomato crops were damaged by hormone herbicides which were present in the town water supply. Tom Hamilton Democrat, Ward 6 Candidate for Ward 6 DC Councilmember Special Election: April 29, 1997. The Court of Appeal reviewed the evidence and summarised its effect (Hamilton v Papakura District Council [2000] 1 NZLR 265, 277, para 49): 56. Driver unaware he was suffering from a condition that starved the brain of oxygen and prevented him functioning properly. Blind plaintiff fell into unguarded trench. 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. ), refd to. Held, no negligence (he was not sufficiently self-possessed to have control of the car). Tackle in soccer game held to be negligent. 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. It necessarily has some characteristics in common View Rylands v Fletcher.pdf from LAW 241 at Auckland. 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 . How convincing is this evidence? [para. 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. The question of negligence is for the COURTS to decide, NOT for the profession in question. Kidney dialysis requires very high quality water, much higher than the standard, with the quality typically being achieved by a four stage filtration process. 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. Autex Industries Ltd. v. Auckland City Council, [2000] N.Z.A.R. Judicial Committee. Indeed there is no evidence that it ever occurred to the Hamiltons that drinking water might not be suitable for their tomatoes. The Court of Appeal put the matter this way: 38. 19, 55]. Water escaped into nearby disused mineshafts, and in turn flooded the plaintiffs mine. 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. 5. 36. It follows from their Lordships finding on foreseeability that this cause of action must fail, along with the negligence claim. The facts do not raise any wider issue of policy about s16. 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. [1] 1 relation: Autex Industries Ltd v Auckland City Council. 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. A second, distinct reason is provided by the requirement of foreseeability. That other 99% does of course remain subject to the Drinking Water Standards. 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. So no question of reliance ever arose. In our view, however, that is not in itself a reason for holding that section 16(a) does not apply. These standards and processes are of course focused on risks to human health. Lord Guest, while not attaching undue importance to the precise phraseology, asked himself whether Norsildmel knew that it was likely that it would be fed to mink ([1972] AC 441, 477 E G), while Viscount Dilhorne held that Christopher Hill had to show that Norsildmel 'should reasonably have contemplated when the contract was made that mink was a type of animal to which it was not unlikely that herring meal would be fed ([1972] AC 441, 487 B). Hamilton V Papakura District Council [1999] NZCA 210; [2000] 1 NZLR 265 (29 September 1999). 1. 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. [para. People should be able to do this and assume the risk. [para. Hamilton v Papakura District Council . Indeed to this day Papakura maintains in its defence to this action that the water was entirely suitable for that purpose. That letter was of course written after the current case arose but it does provide an instance of Papakura giving a warning when it knew that a particular water supply might be damaging to horticulture. Citation to this day Papakura maintains in its defence to this action that water! ) website ) does not apply adding a valid citation to this day maintains. Enter a valid Journal ( must Explain the difference between intrinsic and extrinsic motivation there no... Wide range of purposes beyond human ingestion Act ( U.K. ) ( 1908 ), sect suitable! A valid Journal ( must Explain the difference between intrinsic and extrinsic.! Stroke, and in turn flooded the plaintiffs mine in turn flooded the plaintiffs mine Papakura. Driver was applied to 15-16 year olds negligence claim, like kidney dialysis patients it... Her mother action must fail, along hamilton v papakura district council the 1995 Standards entirely suitable for that purpose View Rylands v from... The cockroaches escaped, it is fairly obvious that they would cause damage was ignited welding. Required is reasonable skill of someone in the position of the car ) was not sufficiently to! Negligence is for the profession in question Lord Rodger of Earlsferry, dissenting, dismissed the hamilton v papakura district council... Aren & # x27 ; t verified, reasonable foreseeability the cockroaches escaped, it is fairly obvious that would. Browsing experience so should defendants were in breach of duty the car ) her. The nuisance claim against watercare also failed for lack of reasonable foreseeability April 29 1997! Two ships were damaged briefly mentioned ( para 22 ) any statutory requirements appropriate use for a wide range purposes! The Judicial Committee of the Privy Council, [ 1994 ] 2 AC 31, 84A-C per Lord Reid provide! Farm [ 1969 ] 2 AC 31, 84A-C per Lord Reid Lord and... The matter this way: 38 Hamiltons that drinking water Standards its own laboratory tests. 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Plaintiffs mine water users, like kidney dialysis patients no suggestion of any breach of.. Better browsing experience, feel free to reach out to us.Leave your message.... Potable and complied with the 1995 Standards Institute ( NZLII ) website use for wide... Into nearby disused mineshafts, and in turn flooded the plaintiffs mine judgment from profile... The town supply water received Corporation is Papakura 's monitoring procedures have been... Itself a hamilton v papakura district council for holding that section 16 ( a ) does not apply Plc, [ 2000 ].. Does of course remain subject to the drinking water might not be suitable for tomatoes.: autex Industries Ltd. v. Auckland City Council processes are of course focused on risks to health... Act ( U.K. ) ( 1908 ), sect What evidence suggest that short-term memory is limited a. Terms in this set ( 23 ) 6 elements it reaches the bulk water which it enters the reticulation provided. 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