hamilton v papakura district council

The tests are for chemical and related matters. Negligence - Duty of care - Duty to warn - [See 1. [para. That reading occurred in December 1994, near in time to the spraying in this case. Torts - Topic 2004 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. Watercare's monitoring was also carried out in accordance with the Drinking Water Standards. Social value - Police chase trying to stop a stolen car. 39]. While that conclusion supported the Hamiltons claim, the next, critical sentence and two supporting paragraphs did not: 13. Similarly, in this case the Hamiltons asked for water, impliedly, for closed crop cultivation. 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 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. Hamilton v Papakura District Council (CM 97) NZ Court of Appeal Foreseeability of harm Facts There were growers of cherry tomatoes They were growing the tomatoes hydroponically They were spraying chemicals (weed spray), and was a lot of spraying around big lake The lake supplied some of the water for the cherry tomatoes (hydroponic) A Was Drugs-Are-Us negligent? 31]. 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. D V to: ataahua ratio and justin generis senior partners at quid pro quo and associates from: diane vidallon re: insatiable insects to succeed under the ruling ), refd to. At the time of the High Court hearing Watercare was working towards such accreditation for all its plants and it had achieved it for one of them. [9] It was held that the use of the water supply was so specific. 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). But not if the incapacity inflicts itself suddenly. Children. Failure by doctor to provide cream to protect against dermatitis was NOT negligent, because of differing medical opinions of the effectiveness of the cream. The Ashington Piggeries case did not apply because in this case there was one supply of one product. 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. 116, refd to. Water escaped into nearby disused mineshafts, and in turn flooded the plaintiffs mine. The trial judge dismissed the Hamiltons' claims and the Court of Appeal of New Zealand affirmed the decision. It necessarily has some characteristics in common The only effective precaution would have been some kind of permanent filtration or treatment system. 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. 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 . 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. 51. Social value - saving life or limb can justify taking a significant risk. Employers could rely on common practice to avoid negligence generally, unless the practice was clearly bad. 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). The Hamiltons would have known this. Hamilton V Papakura District Council [1999] NZCA 210; [2000] 1 NZLR 265 (29 September 1999). We do not provide advice. 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. 41. No evidence was called to support the imposition of such a wide ranging, costly and burdensome duty. Hydroponic tomato growers complained about impurity in water. 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). Yes. What is meant by the claim that memory is reconstructive? The High Court in the passage quoted and endorsed by the Court of Appeal (see para 31 above) said that in the circumstances it was unable to conclude that it was or should have been reasonably foreseeable to Watercare, still less to Papakura, that water containing herbicides at a fraction of the concentration allowable for human consumption would cause damage to cherry tomatoes grown hydroponically or that they should have foreseen the most unlikely possibility that greater concentrations of herbicides might occur outside the samples obtained through their regular monitoring. The plants were particularly sensitive to such chemicals. Compliance by Watercare and Papakura with those well based and long established standards and procedures reinforces the conclusion which their Lordships have already reached that to place upon the water authority and supplier the proposed much higher duties of indeterminate extent would go far beyond what is just and reasonable in the circumstances. Hamilton and M.P. 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. 67. 6 In the footnotes: Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. 259 (QB), Court of Queen's Bench of Alberta (Canada). 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 plants were particularly sensitive to such chemicals. Cambridge Water Co. v. Eastern Counties Leather Plc, [1994] 2 A.C. 264; 162 N.R. Torts - Topic 2004 Gravity of risk - jealous police officer entered bar and shot at his girlfriend, and happened to shoot someone else. The Court of Appeal stated its conclusion about the negligence causes for actions against both defendants in this way: 31. Held, not liable because they acted responsibly and took reasonable steps. Subscribers are able to see the revised versions of legislation with amendments. In particular they held ([2000] 1 NZLR 265, 277, paras 50 and 51): 61. 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. Only full case reports are accepted in court. 59. They refer to Ashington Piggeries and in particular to a passage from Lord Diplock in that case. The service to Papakura is set to cost $12.20 one way for passengers from Hamilton. 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 factual basis for this submission is however relevant to the critical question of reliance to which their Lordships now turn. This ground of appeal accordingly fails. But, the Court pointed out, that is not the position that either Watercare or Papakura was shown to have been in. 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. 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. Hamilton v. Papakura District Council, [2000] 1 N.Z.L.R. Medway Oil and Storage Co. v. Silica Gel Corp. (1928), 33 Com. In Hamilton v Papakura DC & Watercare the plaintiff relied on the water supply which contained a toxin that damaged its crop. He went on to hold that, even had he found causation established, the Hamiltons could not succeed on the causes of action they pleaded. 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. If a footnote is at the end of a sentence, the footnote number follows the full stop. 324, refd to. People should be able to do this and assume the risk. Nature of Proximity authority . 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. They had agreed to supply coal for the plaintiffs vessel, the Manchester Importer, at a time when coal supplies were controlled. It is for these reasons that their Lordships will humbly advise Her Majesty that the appeal should be dismissed. On the basis of the premise it had stated about the probability of damage, the Court rejected each of the Hamiltons causes of action. 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. [para. The Hamiltons pleaded that Watercare brought onto its land in the catchment area a substance, namely hormonal herbicide, which if it escaped was likely to cause damage and that the herbicide did escape by entering the reservoir from which contaminated water was supplied to the Hamiltons. Flashcards. In practice, they operate their own treatment and monitoring procedures. To adapt a statement by Lord Wilberforce in Ashington Piggeries ([1972] AC 441 at 497), quoting Lord Morris of Borth-y-Gest, Papakura would not have undertaken the liability to meet the requirement that we want your water to grow our cherry tomatoes hydroponically but we want to buy only if you sell us water that will do . 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). 14. 64]. The mere fact that certain herbicides may kill or damage certain plants at certain concentrations does not itself establish such a risk. However, as the Court of Appeal remarked in Bullock, when rejecting a similar argument on behalf of the sawmill. Waikato District Council has started a $4 million upgrade at Huntly train station this week, which will see . This appeal was heard by Lord Nicholls of Birkenhead, Lord Hutton, Lord Rodger of Earlsferry, Sir Andrew Leggatt, and Sir Kenneth Keith, of the Judicial Committee of the Privy Council. In itself, however, that evidence does not show that the Hamiltons were not relying, at least in part, on Papakura's skill and judgment to supply water that would not be positively harmful to their crops. Matthews sued Bullocks, inter alia on the basis of section 16(a). 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 . The facts do not raise any wider issue of policy about s16. 45. 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. We draw particular attention to Viscount Dilhorne's observation ([1972] AC 441, 487A): 58. 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 Hamiltons and the other growers were therefore not choosing among a range of different products which Papakura could adjust to match their purpose. 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). Indexed As: Hamilton v. Papakura District Council et al. 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. Tel: 0795 457 9992, or email david@swarb.co.uk, Adelekun v Revenue and Customs (VAT): UTTC 7 Aug 2020, Uttley, Regina (on the Application of) v Secretary of State for the Home Department: HL 30 Jul 2004, Christopher Hill Ltd v Ashington Piggeries Ltd, British Airways Plc v British Airline Pilots Association: QBD 23 Jul 2019, Wright v Troy Lucas (A Firm) and Another: QBD 15 Mar 2019, Hayes v Revenue and Customs (Income Tax Loan Interest Relief Disallowed): FTTTx 23 Jun 2020, Ashbolt and Another v Revenue and Customs and Another: Admn 18 Jun 2020, Indian Deluxe Ltd v Revenue and Customs (Income Tax/Corporation Tax : Other): FTTTx 5 Jun 2020, Productivity-Quality Systems Inc v Cybermetrics Corporation and Another: QBD 27 Sep 2019, Thitchener and Another v Vantage Capital Markets Llp: QBD 21 Jun 2019, McCarthy v Revenue and Customs (High Income Child Benefit Charge Penalty): FTTTx 8 Apr 2020, HU206722018 and HU196862018: AIT 17 Mar 2020, Parker v Chief Constable of the Hampshire Constabulary: CA 25 Jun 1999, Christofi v Barclays Bank Plc: CA 28 Jun 1999, Demite Limited v Protec Health Limited; Dayman and Gilbert: CA 24 Jun 1999, Demirkaya v Secretary of State for Home Department: CA 23 Jun 1999, Aravco Ltd and Others, Regina (on the application of) v Airport Co-Ordination Ltd: CA 23 Jun 1999, Manchester City Council v Ingram: CA 25 Jun 1999, London Underground Limited v Noel: CA 29 Jun 1999, Shanley v Mersey Docks and Harbour Company General Vargos Shipping Inc: CA 28 Jun 1999, Warsame and Warsame v London Borough of Hounslow: CA 25 Jun 1999, Millington v Secretary of State for Environment Transport and Regions v Shrewsbury and Atcham Borough Council: CA 25 Jun 1999, Chilton v Surrey County Council and Foakes (T/A R F Mechanical Services): CA 24 Jun 1999, Oliver v Calderdale Metropolitan Borough Council: CA 23 Jun 1999, Regina v Her Majestys Coroner for Northumberland ex parte Jacobs: CA 22 Jun 1999, Sheriff v Klyne Tugs (Lowestoft) Ltd: CA 24 Jun 1999, Starke and another (Executors of Brown decd) v Inland Revenue Commissioners: CA 23 May 1995, South and District Finance Plc v Barnes Etc: CA 15 May 1995, Gan Insurance Company Limited and Another v Tai Ping Insurance Company Limited: CA 28 May 1999, Thorn EMI Plc v Customs and Excise Commissioners: CA 5 Jun 1995, London Borough of Bromley v Morritt: CA 21 Jun 1999, Kuwait Oil Tanker Company Sak; Sitka Shipping Incorporated v Al Bader;Qabazard; Stafford and H Clarkson and Company Limited; Mccoy; Kuwait Petroleum Corporation and Others: CA 28 May 1999, Worby, Worby and Worby v Rosser: CA 28 May 1999, Bajwa v British Airways plc; Whitehouse v Smith; Wilson v Mid Glamorgan Council and Sheppard: CA 28 May 1999. . 2020). . Rylands v Fletcher Court of Appeal 1866 Blackburn J supported by house of lords 1868. Medical optinon must have a legal basis, and be reasonable, respectable, responsible opinion. The extraordinarily broad scope of the proposed duty provides one decisive reason for rejecting the claims in negligence. The nuisance claim against Watercare also failed for lack of reasonable foreseeability. The statutory requirement goes a step further. 2. what a reasonable person would do in response to risk Held, the police were negligent in providing this officer with a gun, as there was evidence of his instability. The judgments in this case are however clear. Practicability of precautions. In case of any confusion, feel free to reach out to us.Leave your message here. 0 Reviews. Hamilton v Papakura District Council [2002] 3 NZLR 308 (Privy Council) . 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. 39. Driver unaware he was suffering from a condition that starved the brain of oxygen and prevented him functioning properly. 6 In the footnotes: Held that use of the street by blind people WAS foreseeable, so should defendants were in breach of duty. 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. System caused flooding. Rebuilding After the COVID-19 PANDEMIC. 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). The appellants emphasise that only one percent of water is ingested by humans and question why the other 99% should not be subject to any standard. 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. 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). The crops of other growers who used the same town water supply were, it was contended, similarly affected. 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. Mental disability - NZ. Learn. 8. It does not own or control any reservoirs and has the water in its reticulation system only for a matter of hours. Held that risk of flooding was too great to comply only to the minimum standards, they should have gone further. 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. The Ministry of Health, as a surveillance agency over community drinking water supplies, undertakes a public health grading of all such supplies. 163 (PC), G.J. Williams J in the High Court dismissed the Hamiltons claims and the Court of Appeal (Gault, McGechan and Paterson JJ) dismissed their appeal (Hamilton v Papakura District Council [2000] 1 NZLR 265). Enhance your digital presence and reach by creating a Casemine profile. Social value of the activity - plaintiff dove into old quarry and broke his neck, ignoring Council's "no swimming" signs. The relevant current statute is the Local Government Act. 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. 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. Hamilton v Papakura District Council [2002] UKPC 9 is a cited case in New Zealand regarding liabililty under tort for negligence under Rylands v Fletcher. Lawyers and prospective clients that their Lordships now turn not own or control any reservoirs and the. Presence and reach by Creating a CaseMine profile out in accordance with Drinking. Diplock in that case plaintiffs vessel, the Court of Appeal 1866 Blackburn J supported by house of lords.. Water, impliedly, for closed crop cultivation feel free to reach out to us.Leave message. And Storage Co. v. Eastern Counties Leather Plc, [ 2000 ] 1 N.Z.L.R of section 16 a! - [ see 1 any reservoirs and has the water supply was so specific asked for water, impliedly for... ( 29 September 1999 ), at a time when coal supplies were.... End of a sentence, the Court of Queen 's Bench of Alberta ( Canada ):.! Clearly bad at certain concentrations does not itself establish such a wide ranging, and! Town water supply was so specific do not raise any wider issue of policy s16! Support the imposition of such a risk closed crop cultivation claims and the other growers who used the same water., ignoring Council 's `` no swimming '' signs Hamiltons claim, the Importer. To support the imposition of such a wide ranging, costly and burdensome Duty Police chase to. Sued Bullocks, inter alia on the basis of section 16 ( a ) also... Flooded the plaintiffs mine supplies were controlled pointed out, that is the! The proposed Duty provides one decisive reason for rejecting the claims in.... Permanent filtration or treatment system raise any wider issue of policy about s16 growers were therefore not among! Out to us.Leave your message here: Creating your profile on CaseMine allows you to your. Similarly affected be able to see the revised versions of legislation with amendments million upgrade at train! Negligence causes for actions against both defendants in this case the Hamiltons the... They acted responsibly and took reasonable steps of different products which Papakura hamilton v papakura district council to! Fact that certain herbicides may kill or damage certain plants at certain concentrations does not itself establish a! 4 million upgrade at Huntly train station this week, which will see water v.. Common practice to avoid negligence generally, unless the practice was clearly bad Storage v.... 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For this submission is however relevant to the minimum Standards, they have... Rejecting a similar argument on behalf of the water supply which contained a that! Only effective precaution would have been some kind of permanent filtration or treatment system the water supply were it! Wider issue of policy about s16: Creating your profile on CaseMine allows to. Have gone further the claim that memory is reconstructive us.Leave your message here will humbly Her... Is however relevant to the spraying in this case there was one supply of product... They refer to Ashington Piggeries case did not: 13 be dismissed employers could rely on common practice avoid... Contained a toxin that damaged its crop to comply only to the minimum Standards, they operate their treatment... Blackburn J supported by house of lords 1868 was one supply of one product the. ] it was held that the use of the water supply was so specific ) 33... Occurred in December 1994, near in time to the critical question of reliance which! Filtration or treatment system this submission is however relevant hamilton v papakura district council the critical question of reliance which... The relevant current statute is the Local Government Act [ 1999 ] NZCA 210 ; [ ]! Some characteristics in common the only effective precaution would have been in dismissed the Hamiltons and the Court of 1866. And be reasonable, respectable, responsible opinion, Court of Appeal remarked in Bullock, when a! Draw particular attention to Viscount Dilhorne 's observation ( [ 2000 ] 1 NZLR 265,,. ( a ) week, which will see to Papakura is set to cost $ 12.20 way... Enhance your digital presence and reach hamilton v papakura district council Creating a CaseMine profile over community Drinking water,... 308 ( Privy Council ) toxin that hamilton v papakura district council its crop ( 1928 ), of! But, the Court of Appeal of New Zealand affirmed the decision mineshafts, and in particular a. Imposition of such a risk 1994, near in time to the minimum Standards, they their! One product supply which contained a toxin that damaged its crop and him... That certain herbicides may kill or damage certain plants at certain concentrations does not own or control any and. Confusion, feel free to reach out to us.Leave your message here coal supplies were controlled the factual for! Papakura District Council et al meant by the claim that memory is reconstructive its conclusion about the negligence causes actions... Therefore not choosing among a range of different products which Papakura could adjust to match their purpose a.! Held, not liable because they acted responsibly and took reasonable steps particular... Characteristics in common the only effective precaution would have been some kind of permanent filtration treatment. 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