Test. Hamilton and target=_n>PC, Bailii, PC. On the contrary, our examination of the evidence suggests that there was nothing in the cultivation of tomatoes, or of cherry tomatoes, that would have meant that Papakura could not reasonably have contemplated that the water would be used for cultivation of that kind. See, for example, Hardwick Game Farm [1969] 2 AC 31, 84A-C per Lord Reid. Hamilton & Anor v. Papakura District Council (New Zealand). The mere happening of the event is proof of negligence. The dispute centres around the first two. 67. 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. 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. Incapacity. (The claims for breach of statutory duty based on the Local Government Act 1974, against Papakura, and on the Resource Management Act 1991, against Watercare, were not pursued beyond the High Court.). The Court then set out matters emphasised by the Hamiltons as communicating the particular purpose and reliance, and it concluded: 12. This article is within the scope of WikiProject New Zealand, a collaborative effort to improve the coverage of New Zealand and New Zealand-related topics on Wikipedia. It is true, of course, as the majority point out, that Papakura sold only water and only water coming from one particular source. Thus, the damage was foreseeable. 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. If the cockroaches escaped , it is fairly obvious that they would cause damage . 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. Indeed there is no evidence that it ever occurred to the Hamiltons that drinking water might not be suitable for their tomatoes. Gravity of risk - jealous police officer entered bar and shot at his girlfriend, and happened to shoot someone else. Plaintiff hit by cricket ball, which went over the fence of cricket ground. Aucun commentaire n'a t trouv aux emplacements habituels. That other 99% does of course remain subject to the Drinking Water Standards. 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. ), refd to. 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. The Judicial Committee of the Privy Council, Lord Hutton and Lord Rodger of Earlsferry, dissenting, dismissed the appeal. Hamilton v. Papakura District Council (2002), 295 N.R. The Honourable Justice Chambers states; "The moment one states that as a proposition, one realises that it is absurd to continue talking about . 49]. 3 H.L. Water escaped into nearby disused mineshafts, and in turn flooded the plaintiffs mine. Indeed, on the respondents evidence, testing would not of itself have been an adequate precaution against the effects of contamination on the crops since the damage would have been done before the results could be processed and preventive measures taken. Where a company or other organisation take such steps, it may be more readily inferred that they are not in fact relying on the skill and judgment of the local water authority to supply water of the desired quality. Children. However, as the Court of Appeal remarked in Bullock, when rejecting a similar argument on behalf of the sawmill. Manchester Liners Ltd. v. Rea Ltd., [1922] 2 A.C. 74, refd to. Car ran out of control and killed two pedestrians. 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. 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. 12 year old threw a metal dart, and accidentally hit girl in eye. 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. [paras. VERY rare occurrence. 5. First, the buyer must expressly or by implication make known to the seller the particular purpose for which the goods are required . 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. The House of Lords held that this use was a particular purpose in terms of section 14(1). The trial judge dismissed the Hamiltons' claims and the Court of Appeal of New Zealand affirmed the decision. ]. The Court of Appeal also quoted that passage, slightly more fully, as follows: 21. Response to GLAA 1997 Questionnaire for Ward 6 DC Council Candidates. Tom Hamilton Democrat, Ward 6 Candidate for Ward 6 DC Councilmember Special Election: April 29, 1997. In the event that is of no consequence for the resolution of the appeal.). ), refd to. Therefore, if the condition applies, the Hamiltons are entitled to succeed even though Papakura was in no sense at fault. It explains the common law rights of "natural servitude", and illustrates this with case law examples. 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). 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. 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. The water company had done this. 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]. 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. Subscribers can access the reported version of this case. There is no reason in principle certainly counsel could not suggest one for distinguishing between horticultural use and other uses which might involve special needs, especially when they are known to the supplier, as was the case here for instance in respect of milk processing, food processing and renal dialysis. Torts - Topic 60 Court of Appeal of New Zealand decisions from the New Zealand Legal Information Institute (NZLII) website. 556 (C.A. Subscribers are able to see the revised versions of legislation with amendments. The Hamiltons and the other growers were therefore not choosing among a range of different products which Papakura could adjust to match their purpose. Reviews aren't verified, but Google checks for and removes fake content when it's identified. Subscribers are able to see a visualisation of a case and its relationships to other cases. 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. 50. 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. Hamilton v. Papakura District Council (2002), 295 N.R. 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. The Ministry of Health, as a surveillance agency over community drinking water supplies, undertakes a public health grading of all such supplies. It does not own or control any reservoirs and has the water in its reticulation system only for a matter of hours. 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. On the basis of the premise it had stated about the probability of damage, the Court rejected each of the Hamiltons causes of action. Held that office acted reasonably in circumstances, and was NOT liable for the death of the pedestrians. 69. 32. 3. Held not liable, because risk so small and improbable. 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. It follows from their Lordships finding on foreseeability that this cause of action must fail, along with the negligence claim. 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 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. ), refd to. They had agreed to supply coal for the plaintiffs vessel, the Manchester Importer, at a time when coal supplies were controlled. Kidney dialysis requires very high quality water, much higher than the standard, with the quality typically being achieved by a four stage filtration process. Torts - Topic 60 Compliance with those Standards ensures safe and appropriate use for a wide range of purposes beyond human ingestion. [para. Held not to be negligence on the facts, no evidence of harm being caused by the treatment in orthodox research. The consequence was the damage to the tomatoes. [paras. 6 In the footnotes: How is a sensory register different from short-term memory? But, knowledge of a driver's incompetence can give rise to contributory negligence. 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. 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 [para. At the other end of the spectrum are very small specialist water users, like kidney dialysis patients. Attorney General ex rel. According to the authorities, however, the proper question to ask in these circumstances is whether there was anything in the evidence to show that the Hamiltons were not relying on the skill and judgment of Papakura to supply water suitable for covered crop cultivation. 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. The New Zealand Milk Corporation is Papakura's largest water customer and has its own laboratory which tests the town supply water received. The plants were particularly sensitive to such chemicals. Hamilton and M.P. The question is what would you expect of a child that age, NOT what you would expect of that particular child. 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. People should be able to do this and assume the risk. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. and Ponsness-Warren Inc. (1976), 1 A.R. Social value of the activity - plaintiff dove into old quarry and broke his neck, ignoring Council's "no swimming" signs. VLEX uses login cookies to provide you with a better browsing experience. . 63. 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. )(.65)^x(.35)^{5-x}}{(x ! An error of judgment is not necessarily negligent. swarb.co.uk is published by David Swarbrick of 10 Halifax Road, Brighouse, West Yorkshire, HD6 2AG. Employers could rely on common practice to avoid negligence generally, unless the practice was clearly bad. Hardwick Game Farm v. Suffolk Agricultural Poultry Producers' Association Ltd. - see Kendall (Henry) & Sons (A Firm) v. Lillico (William) & Sons Ltd. Munshaw Colour Service Ltd. v. Vancouver (City) (1962), 33 D.L.R. Held that a reasonable 15 year old would not have realised the potential injury. 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. Indexed As: Hamilton v. Papakura District Council et al. The Court of Appeal did not address the issue formulated in that way and did not examine the evidence from that point of view. Subscribers are able to see a list of all the cited cases and legislation of a document. That water was sold to the Hamiltons by the Papakura District Council (Papakura). Watercare's monitoring was also carried out in accordance with the Drinking Water Standards. 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