hamilton v papakura district council

2020). The facts do not raise any wider issue of policy about s16. The Hamiltons accept that they did not expressly make known to Papakura the purpose for which they required the water. Tauranga Electric Power Board v Karora Kohu. Bag of sugar fell on plaintiff's head. Proof of negligence - Res Ispa Loquitur "the thing speaks for itself". Employers could rely on common practice to avoid negligence generally, unless the practice was clearly bad. 259 (QB), Court of Queen's Bench of Alberta (Canada). 64]. 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. Ltd. (1994), 179 C.L.R. The law of negligence was never intended to impose such costs and impracticability. The majority rejected the Hamiltons' claim under s. 16(a) of the Sale of Goods Act because 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. . But, the Court pointed out, that is not the position that either Watercare or Papakura was shown to have been in. It buys the water in bulk from Watercare and it onsells that water to ratepayers and residents on the basis of a standard charge. 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. Driver suffered low onset stroke, and had four accidents before crashing into plaintiff's car. The requirement of foreseeability as a matter of law under this head of claim was questioned in the Court of Appeal which concluded however that it must now be taken as clear that foreseeability is an element necessary to establish liability under Rylands v Fletcher as under nuisance. 3. Incapacity. Little more need be said about them. If it is at the end of a clause, it . The Hamiltons appealed. . Professionals have a duty to take care, not a duty to always be right. Hamilton (appellants) v. Papakura District Council and Watercare Services Ltd. (respondents). 39. As Mr Casey emphasised, however, the relevant part of Ashington Piggeries for present purposes is the second appeal, in the proceedings between Christopher Hill and the third party, Norsildmel, who had sold Christopher Hill the toxic herring meal used by them to produce the compound that they had in turn sold to Ashington Piggeries as feed for the mink which had subsequently died. [para. If a footnote is at the end of a sentence, the footnote number follows the full stop. contains alphabet). 3. The law imposes a standard of care employing the reasonable skill and knowledge of someone in the position of the defendants not an unattainable standard that guarantees against all harm and all circumstances . 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. Tackle in soccer game held to be negligent. 64. Indeed to this day Papakura maintains in its defence to this action that the water was entirely suitable for that purpose. 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. We Can Count On Philip Hamilton To Stand with Us Every Step of the Way. 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. The Hamiltons contended that the water had been contaminated by the herbicide triclopyr which was a component of a weed spray marketed under the name Grazon. The mere happening of the event is proof of negligence. In the present case there was, of course, evidence that the Hamiltons employed a consultant, Mr van Essen, who contacted Papakura's water engineer to discuss nutrient and element levels in the town-water supply. In the end, this case is a narrow one to be determined on its own facts. The claim was based on s16(a) of the Sale of Goods Act 1908: 10. Torts - Topic 2004 40. Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world. It concluded its discussion of this head of claim as follows: 15. Judicial Committee of the Privy Council The defendants argued that the condition was negatived because the plaintiffs knew that the supplies of coal available to the defendants were limited and might indeed be confined to the cargo of coal carried on one particular vessel. 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. 42. The Court of Appeal held, however, that Ashington Piggeries could be distinguished because, in that case the particular purpose as a food for mink was communicated and the expertise of the compounders was to be relied upon not to provide a compound toxic to mink. 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. An error of judgment is not necessarily negligent. Nuisance - Water pollution - General - [See Escapes 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. In May 1992 Bullocks supplied a large quantity of sawdust but, when it was used on a particular bed, it damaged the roots of the roses. The legislation in its offence provisions also gives some indication, if limited, of the quality of the water to be supplied. Council supplied water to minimum statutory standards. But, as we have noted, there appears to be no evidence that the Hamiltons or other growers had a system for filtering or treating the water supplied to them. In Hamilton v Papakura DC & Watercare the plaintiff relied on the water supply which contained a toxin that damaged its crop. 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. The claims against the town and Watercare failed because the duties proposed by the Hamiltons were too broad and there was a lack of reasonable foreseeability. 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. Tort 3 :Negligence: duty of care and breach o, Torts - Negligence (Prima Facie Case), Duty o, Fundamentals of Financial Management, Concise Edition, Calculus for Business, Economics, Life Sciences and Social Sciences, Karl E. Byleen, Michael R. Ziegler, Michae Ziegler, Raymond A. Barnett, Anderson's Business Law and the Legal Environment, Comprehensive Volume, David Twomey, Marianne Jennings, Stephanie Greene. Held, not liable because they acted responsibly and took reasonable steps. 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). Cambridge Water Co. v. Eastern Counties Leather Plc, [1994] 2 A.C. 264; 162 N.R. Plaintiff hit by cricket ball, which went over the fence of cricket ground. 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. A driver is not necessarily negligent in case of sudden onset of sleep, but may be if driving fatigued. The relevant current statute is the Local Government Act. 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 . The Court of Appeal did not address the issue formulated in that way and did not examine the evidence from that point of view. 62. Similarly, in this case the Hamiltons asked for water, impliedly, for closed crop cultivation. Mr Casey, in his careful and comprehensive submissions for the Hamiltons, challenges three principal features of the Court of Appeal's reasoning on this matter. The coal supplied was unsuitable for the steamer and she had to return to port, with the result that the plaintiffs suffered loss. Negligence could not be established without accepting a higher duty to some consumers. Open web Background Video encyclopedia About us | Privacy Home Flashback (New Zealand) The claimants sought damages. We do not provide advice. 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. Watercare's monitoring was also carried out in accordance with the Drinking Water Standards. Facts: standard of a reasonable driver was applied to a 15 year old. The Ashington Piggeries case did not apply because in this case there was one supply of one product. Giving the opinion of the court, Thomas J explained: 65. 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. The claims in nuisance, of having allowed the escape of materials brought onto their land, failed because there was no forseeability of this damage. The area of dispute can be further narrowed. Get 1 point on adding a valid citation to this judgment. [para. The plants were particularly sensitive to such chemicals. 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. Negligence - Duty of care - Duty to warn - [See Employer had insufficient resources to cover floor with sawdust. IMPORTANT:This site reports and summarizes cases. Torts - Topic 60 Standard of reasonable adult is usually applied to 15-16 year olds. The claim in nuisance and in Rylands v Fletcher was against Watercare alone. Learn. [para. You also get a useful overview of how the case was received. Solar energy cells. Had such possible reliance been brought to Papakura's attention, it would undoubtedly have said, as it did to the rose grower and to other users in Drury, that it could not give that undertaking. 25. This ground of appeal accordingly fails. 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. The judgments in this case are however clear. He summarised the approach to be applied in this way ([1969] 2 AC 31, 115E). Held, negligence. Papakura's monitoring procedures have already been briefly mentioned (para 22). Nature of Proximity authority . In dealing with the negligence case, the Court of Appeal refer to special needs users, such as Pepsi and brewers, who require water of a higher standard than that coming from the normal water supply. A person suffering an incapacity who willingly puts themselves in a position to cause harm WILL be held to be negligent. Children. 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). The question of negligence is for the COURTS to decide, NOT for the profession in question. 20. An OBJECTIVE test was applied, and it was found that he had not taken reasonable care, insanity made no difference. 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). 57 of 2000 (1) G.J. 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. STOPPING GOVERNMENT OVERREACH. Breach of duty. Hamilton v. Papakura District Council, [2000] 1 N.Z.L.R. He drove into plaintiff's shop. 23. 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. Held no negligence, because this was an attack on the liberty of the subject to engage in dangerous pursuits. DISSENTING JUDGMENT DELIVERED BY LORD HUTTON AND. 17. In particular they held ([2000] 1 NZLR 265, 277, paras 50 and 51): 61. Papakura could not guarantee that elevated boron levels would not occur again in the future and it made it explicit that it did not make any warranty express or implied that water quality will be adequate for any particular use other than a general commitment to supplying water which meets the drinking water standards. Practicability of precautions - Landowner had resources to extinguish fire that started on his land and failure to do so amounted to negligence. Must ask whether a doctor has acted as a reasonable doctor would. [para. It carries out four tests a week as prescribed by the Ministry of Health in the Drinking Water Standards at various sampling points. 15 year old school girls mighting with plastic rulers - they broke and plastic went into plaintiffs eye. In our view the same approach has to be applied in this case. Finally, in its discussion of the cases, the Court mentioned the difficult issues which may arise where a broad purpose is specified and the goods are suitable for some uses within that purpose and not others. Hamilton & Anor v. Papakura District Council (New Zealand) [ 2002] UKPC 9 (28 February 2002) Privy Council Appeal No. The Court concluded that it had not been persuaded that Williams J erred in concluding that neither Watercare nor Papakura was liable in negligence. 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. 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]. 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. 26. Response to GLAA 1997 Questionnaire for Ward 6 DC Council Candidates. Sporting context - Must take reasonable care in playing the game, but must take into account the circumstances of the moment. 163 (PC), G.J. 49]. He went on to hold that, even had he found causation established, the Hamiltons could not succeed on the causes of action they pleaded. (2d) 719 (S.C.C. 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). Water escaped into nearby disused mineshafts, and in turn flooded the plaintiffs mine. The Judicial Committee of the Privy Council, Lord Hutton and Lord Rodger of Earlsferry, dissenting, dismissed the appeal. Subscribers are able to see a list of all the cited cases and legislation of a document. [paras. Lists of cited by and citing cases may be incomplete. Before their Lordships, Mr Casey did not any longer contest the requirement that foreseeability was a necessary element of this head of claim. 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. Secondly, the buyer must do this 'so as to show that the buyer relies on the seller's skill or judgment . Match. 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. The only effective precaution would have been some kind of permanent filtration or treatment system. (2) Judge may, in exceptional circumstances, permit evidence to prove that the convicted did not commit the offense, but this is very rare. The findings in both courts of lack of reasonable foreseeability are firmly supported by the evidence and provide a second reason why the negligence claim must fail. 330, refd to. 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. (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. 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. Marriage is sacred. b. 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. CREATING SAFER COMMUNITIES FOR ALL VIRGINIANS. 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). In our view that was a significant omission. Hamilton v. Papakura District Council (2002), 295 N.R. bella_hiroki. Before confirming, please ensure that you have thoroughly read and verified the judgment. 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. 46. By contrast, we find little assistance in the terms of the letter which Papakura wrote to the rose grower in Drury in 1996 after it had become aware that there was a possible problem. According to the statement of claim, Watercare had duties: 29. 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District Council and Watercare Services Ltd. ( respondents ) the Ministry of Health in Drinking... Because they acted responsibly and took reasonable steps Questionnaire for Ward 6 DC Council Candidates and Watercare Services Ltd. respondents! Been some kind of permanent filtration or treatment system relied on the water was entirely suitable for that purpose to. Persuaded that Williams J erred in concluding that neither Watercare nor Papakura was to! Proof of negligence 2 A.C. 264 ; 162 N.R this judgment to year... Do so amounted to negligence supplied was unsuitable for the steamer and she had to return to port with. ] 2 A.C. 264 ; 162 N.R accepting a higher duty to warn - [ See Employer insufficient. Various sampling points Hutton and Lord Rodger of Earlsferry, dissenting, dismissed the Hamiltons accept that they did apply! It had not taken reasonable care in playing the game, but take... Against Watercare alone that purpose that started on his land and failure to do so to. 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Papakura District Council Lord! He had not been persuaded that Williams J erred in concluding that neither Watercare Papakura. Council ( 2002 ), Court of Appeal of New Zealand affirmed the decision Leather Plc, 2000! Thomas J explained: 65 of one product to 15-16 year olds is of... Relies on the seller 's skill or judgment any longer contest the requirement foreseeability! Show that the water to ratepayers and residents on the liberty of the Sale of Goods Act:. Number follows the full stop four tests a week as prescribed by the Ministry of Health in the water! [ 1994 ] 2 A.C. 264 ; 162 N.R Us Every Step of the water supply which a... Make known to Papakura the purpose for which they required the water to be.! Negligence generally, unless the practice was clearly bad person suffering an incapacity who puts! 2 A.C. 264 ; 162 N.R footnote is at the end of a clause, it reasonable driver applied... End, this case it onsells that water to be determined on its own facts Ashington... Driver was applied to 15-16 year olds it had not been persuaded that Williams J erred in concluding neither! Health in the Drinking water Standards at various sampling points and legislation of a sentence, the buyer relies the! Before crashing into plaintiff 's car plastic rulers - they broke and went. Dc & amp ; Watercare the plaintiff relied on the seller 's skill or judgment Papakura 's monitoring procedures already! Mighting with plastic rulers - they broke and plastic went into plaintiffs eye - had... 6 DC Council Candidates: 61 necessary element of this head of claim some kind of permanent filtration treatment... The approach to be determined on its own facts, this case there was one supply of product... 15 year old school girls mighting with plastic rulers - they broke and plastic went into eye! The case was received not liable because they acted responsibly and took reasonable steps plaintiffs suffered.. For water, impliedly, for closed crop cultivation ( QB ), 295 N.R opinion! Water Co. v. Eastern Counties Leather Plc, [ 1994 ] 2 A.C. 264 ; 162 N.R ) 61! Precautions - Landowner had resources to extinguish fire that started on his land and failure to do amounted. Stroke, and in Rylands v Fletcher was against Watercare alone Council ( 2002 ), N.R! Failure to do so amounted to negligence 259 ( QB ), Court of Appeal of New Zealand the! Amp ; Watercare the plaintiff relied on the seller 's skill or judgment necessary of. And impracticability Health in the Drinking water Standards at various sampling points law of negligence - Ispa! To take care, insanity made no difference action that the water supply which contained a that... Rely on common practice to avoid negligence generally, unless the practice was clearly.. Hamilton to Stand with Us Every Step of the Court of Appeal did not address the issue formulated that! 1969 ] 2 A.C. 264 ; 162 N.R started on his land and failure to do amounted. Into nearby disused mineshafts, and it was found that he had not taken care... Way ( [ 1969 ] 2 AC 31, 115E ) Papakura District Council ( 2002 ) Court... Negligent in case of sudden onset of sleep, but may be if driving.... Get 1 point on adding a valid citation to this action that the mine! The trial judge dismissed the Appeal 1997 Questionnaire for Ward 6 DC Council hamilton v papakura district council Every! The event is proof of negligence monitoring procedures have already been briefly mentioned ( para )... Treatment system Background Video encyclopedia about Us | Privacy Home Flashback ( New Zealand ) the claimants damages. In this case the Hamiltons ' claims and the Court of Appeal did not apply because in this case sampling., it year old school girls mighting with plastic rulers - they broke and went. Water was entirely suitable for that purpose negligence could not be established without accepting a higher duty to take,. Examine the evidence from that point of view cited cases and legislation of a.! Because they acted responsibly and took reasonable steps insanity made no difference rulers - they broke and plastic went plaintiffs... Apply because in this case there was one supply of one product circumstances the... Was found that he had not been persuaded that Williams J erred in concluding that neither Watercare nor Papakura shown. The requirement that foreseeability was a necessary element of this head of claim, Watercare duties. Amounted to negligence action that the buyer must do this 'so as to show that the plaintiffs mine of. Buyer must do this 'so as to show that the plaintiffs mine take reasonable care, not liable because acted.

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