VLEX uses login cookies to provide you with a better browsing experience. 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. Secondly, the buyer must do this 'so as to show that the buyer relies on the seller's skill or judgment . New Zealand. Breach of duty. 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. 19. The water is fully treated by the time it reaches the bulk meter points at which it enters the reticulation system provided by Papakura. The question of negligence is for the COURTS to decide, NOT for the profession in question. Advanced A.I. 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. 30. 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. Denying this sacred rite to any person is totally unacceptable. Norsildmel were, accordingly, held liable to Christopher Hill for breach of the warranty in section 14(1). 22. The court must, however, consider all the relevant evidence. 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. Hamilton V Papakura District Council [2002] NZPC 3 ; [2002] UKPC 9 ; [2002] 3 NZLR 308 (28 February 2002). They now appeal to Her Majesty in Council. (New Zealand) The claimants sought damages. 6. Assuming then that the Hamiltons did impliedly make known to Papakura that they required the water for the purpose of covered crop cultivation, the next question is whether this amounted to making known the particular purpose for which the water was required. Les avis ne sont pas valids, mais Google recherche et supprime les faux contenus lorsqu'ils sont identifis. 1. The Court of Appeal did not address the issue formulated in that way and did not examine the evidence from that point of view. No such duty was established. The claims in nuisance, of having allowed the escape of materials brought onto their land, failed because there was no forseeability of this damage. 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. 301 (H.L. 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. While the water comes by way of a single bulk supply, many of Papakura's customers, by contrast, do have special needs, including dairy factories and food processing facilities. Factors to be taken into account by a reasonable person, to determine if there has been a breach: The water company had done this. OBJECTIVE test. Hamilton v Papakura District Council [2002] 3 NZLR 308 (Privy Council) . 46. In practice, they operate their own treatment and monitoring procedures. 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. Held not to be negligence on the facts, no evidence of harm being caused by the treatment in orthodox research. The appellants contend that in these passages the courts confused foreseeability with knowledge. Court of Appeal Court of Appeal of New Zealand, 1999 0 Reviews Reviews aren't verified,. 27. The plants were particularly sensitive to such chemicals. 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). Hamilton & Anor v. Papakura District Council (New Zealand) [ 2002] UKPC 9 (28 February 2002) Privy Council Appeal No. 2. 47. [para. The subcontractor's fixed-price invoice evidences the actual cost to HPC of replacing the pad. 25. Courts are NOT bound to find a doctor not liable because of common practice. The High Court rejected this claim on the basis that, as it had already held in relation to the negligence claim, Watercare had no reason to foresee harm to Mr and Mrs Hamilton's tomatoes growing as they were from the occasional occurrence of hormone herbicides in the concentration shown by the tests . The reason turned out to be that the sawdust contained excessive quantities of ferric tannate. In other words, if it knew that the water was to be used for that purpose, Papakura had enough information to exercise its skill and judgment in respect of the quality of the water that it supplied to the Hamiltons. This paper outlines the categories of potential legal liability at common law, and in statute. It denied that it owed the Hamiltons any greater duty than it owed to any other customer for water of Papakura and denied, in addition, that it owed to the plaintiffs or to any other person a duty to ensure that the water which it supplied to Papakura was suitable for a particular horticultural application. Incapacity. They must prove that they had made known to Papakura their intention to use the water for covered crop cultivation 'so as to show that they relied on Papakura's skill or judgment. 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. 6 In the footnotes: Paid for and authorized by Vote for Hamilton Universal practice of not warning parents that a child's post-mortem may involve removal of organs could NOT be justified on grounds of common practice. 26. 53. Why is this claim significant? 51. Hamilton v. Papakura District Council et al. Breach of duty. 163 (PC) MLB headnote and full text G.J. Held that office acted reasonably in circumstances, and was NOT liable for the death of the pedestrians. Before their Lordships, Mr Casey did not any longer contest the requirement that foreseeability was a necessary element of this head of claim. 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. As Mr Casey says, it can be no defence to a claim in negligence that the person inflicting the damage did not know the level of toxicity at which injury might result. The statutory requirement goes a step further. Rylands v Fletcher If D brings onto their land something which is "not naturally there" and it escapes and causes damage, D is liable for all 265, refd to. As will appear, the critical matter for their Lordships is the need for the Hamiltons to show their reliance on Papakura's skill and judgment and especially Papakura's knowledge of that reliance. 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. swarb.co.uk is published by David Swarbrick of 10 Halifax Road, Brighouse, West Yorkshire, HD6 2AG. To fulfil the special requirement of an individual customer, Papakura would have to supply all their customers with water of a quality higher than is required by statute and to charge them accordingly. 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. [para. Aucun commentaire n'a t trouv aux emplacements habituels. The claimant had failed to show that it had brought its particular needs to the attention of the water company, and a claim in contract failed. 66. 45. Tom Hamilton Democrat, Ward 6 Candidate for Ward 6 DC Councilmember Special Election: April 29, 1997. 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). Bag of sugar fell on plaintiff's head. See [2000] 1 NZLR 265, 278, para 53. In the present case, by contrast, there was in their view no evidence of any similar communication by the buyer to the seller of the particular purpose for which water was required nor of any reliance on the skill or judgment of the seller. ]. One-eyed garage mechanic who injured his good eye at work and went blind. 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. 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. The facts do not raise any wider issue of policy about s16. Medway Oil and Storage Co. v. Silica Gel Corp. (1928), 33 Com. But, as the Court of Appeal said, Lord Diplock is considering a situation distinct from the present one. [1] 1 relation: Autex Industries Ltd v Auckland City Council. 35. 37. Subjective test. Subscribers are able to see a list of all the documents that have cited the case. The consequence was the damage to the tomatoes. 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. If a footnote is at the end of a sentence, the footnote number follows the full stop. Social value - saving life or limb can justify taking a significant risk. Held, not liable because they acted responsibly and took reasonable steps. Professionals have a duty to take care, not a duty to always be right. In the event that is of no consequence for the resolution of the appeal.). Held that risk of flooding was too great to comply only to the minimum standards, they should have gone further. This ground of appeal accordingly fails. 11, 56]. )(.65)^x(.35)^{5-x}}{(x ! Common practise of a trade is highly influential, but not decisive. 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 he was NOT negligent because he was unaware of the disabling event. Driver unaware he was suffering from a condition that starved the brain of oxygen and prevented him functioning properly. 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. As mentioned in the non-contentious issues there is no evidence of negligence of the factory's part. (Wagon Mound No. 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. How convincing is this evidence? Similarly, in this case the Hamiltons asked for water, impliedly, for closed crop cultivation. On their appeal to the Board, the Hamiltons accept that, were they to succeed on any or all of the legal arguments, the case should be remitted to the Court of Appeal for it to make the necessary factual findings. Failure by doctor to provide cream to protect against dermatitis was NOT negligent, because of differing medical opinions of the effectiveness of the cream. Driver suffered low onset stroke, and had four accidents before crashing into plaintiff's car. 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. Before making any decision, you must read the full case report and take professional advice as appropriate. Lewis v. Lower Hutt (City), [1965] N.Z.L.R. Court of Appeal of New Zealand decisions from the New Zealand Legal Information Institute (NZLII) website. It buys the water in bulk from Watercare and it onsells that water to ratepayers and residents on the basis of a standard charge. 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. Moreover, even if they had, this would not be a conclusive basis for rejecting the Hamiltons claim since, under section 16(a), the reliance on the seller's skill and judgment need not be total or exclusive. Use our proprietary AI tool CaseIQ to find other relevant judgments with just one click. Kendall (Henry) & Sons (A Firm) v. Lillico (William) & Sons Ltd., [1969] 2 A.C. 31 (H.L. 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. Learn. 19, 55]. Negligence is the omission to do something which the reasonable man, guided by reasonable considerations would do. Subscribers are able to see a visualisation of a case and its relationships to other cases. . He was unaware of the stroke when he started driving. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. Torts - Topic 2004 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. 60. Ship bunkering oil out of Sydney Harbour, pipe came loose and polluted the harbour. On the basis of the premise it had stated about the probability of damage, the Court rejected each of the Hamiltons causes of action. Cited Rylands v Fletcher HL 1868 The defendant had constructed a reservoir to supply water to his mill. They must make sure that the treatment is not HARMFUL by checking orthodox research. He summarised the approach to be applied in this way ([1969] 2 AC 31, 115E). Papakura did not seek to guard itself and said nothing to the Hamiltons to suggest that the water might be unsuitable for covered crop cultivation. We do not provide advice. By contrast the supplier in this case, Papakura, is in the business of selling one and the same product, from one single source of supply, to each and every one of its purchasers. People should be able to do this and assume the risk. Although the decision in Hamilton v Papakura District Councilruled that no liability exists where it is not possible to foresee the type of damage caused, this case is clearly distinguished for the above reason. 14 ( 1 ) examine the evidence from that point of view have gone further enters... Longer contest the requirement that foreseeability was a necessary element of this head of claim you with a browsing! Common practice 163 ( PC ) MLB headnote and full text G.J HPC of replacing the pad categories... Suffering from a condition that starved the brain of oxygen and prevented him properly. That is of no consequence for the death of the factory & # x27 ; s part HD6 2AG,. 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