my AUCKLAND login. Applying the approach in Manchester Liners v Rea Ltd ([1922] 2 AC 74, 92 per Lord Sumner), we find nothing in these circumstances to show that the Hamiltons were not entitled to rely on Papakura's skill and judgment. The statutory requirement goes a step further. Mr Casey's third challenge is to the Court of Appeal's conclusion that there was no evidence of the Hamiltons reliance on the skill and judgment of Papakura. They are satisfied, if the reliance is a matter of reasonable inference to the seller and to the Court . 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. 52. Date: 13 November 1996 By: Moore, Kelvin Description: Papakura District Council hopes to acquire 17 hectares of the old Papakura Army camp. Cemetery Search. Save. 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. 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. Papakura distributes its water to more than 38,000 people in its district. For this aspect of their case the Hamiltons rely on the decision of the House of Lords in Ashington Piggeries Ltd v Christopher Hill Ltd [1972] AC 441. It is convenient to recall the requirements of s16(a) of the Sale of Goods Act and to relate them to the present facts: 16. 46. It’s important we look after ourselves and our whānau over the festive season and summer holidays. Type Article OpenURL Check for local electronic subscriptions Is part of Journal Title New Zealand law reports (Leading cases) Author(s) New Zealand Council of Law Reporting. Watercare in its statement of defence responded that the bulk water which it supplied to Papakura was potable and complied with the 1995 Standards. Community and recreation. Stats NZ's release of the 2018 Local Authority Financial Statistics has been used to update the sector overview and council financial profile pages; A snapshot of the National Dog Database as at 31 May 2019 has been used to update the sector overview, the territorial authorities' dog control profile pages and the Dog Control Statistics download. 23. The train trip would take a commuter travelling into Auckland central business district 2 hours and 20 minutes, swapping to Auckland Transport's electric rail at Papakura. Travel between Pukekohe, Tuakau and Hamilton is provided by Waikato Regional Council bus services - using the ‘Hamilton - Te Kauwhata - Meremere - Pukekohe’ route. It is located on the shores of the Pahurehure Inlet, approximately 32 kilometres south of Auckland CBD. The Court of Appeal also quoted that passage, slightly more fully, as follows: 21. 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. 17. To set a reading intention, click through to any list item, and look for the panel on the left hand side: 70. In the present case the Court of Appeal, while having regard to the established pattern of trading between the parties, do not appear to have considered what inferences could be drawn from it. 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. 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. 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. COVID-19 Residential Rates Rebate Council is offering a rebate to provide targeted support for residential ratepayers whose income has been directly affected by COVID-19. It is also obliged to manage its business efficiently with a view to maintaining prices for water and waste water services at the minimum level consistent with the effective conduct of that business and the maintenance of the long term integrity of its assets (s707ZZZS). Citation. The simple fact is that it did not undertake that liability. 55. Interact directly with CaseMine users looking for advocates in your area of specialization. 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. New Zealand. 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. 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. 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. From: Auckland Libraries. The claim in nuisance and in Rylands v Fletcher was against Watercare alone. Forming a new Māori Committee: a) You may notify the local District Māori Council … 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. About Our District; Arts and Culture; To See and Do; Community Events; District Stats; Groups and Organisations; History; Living Here; Maps; Sport and Recreation; Our Services. The extraordinarily broad scope of the proposed duty provides one decisive reason for rejecting the claims in negligence. Benefits and money advice. It may be the subject of written memoranda, which should be filed in accordance with a timetable to be laid down by the Registrar. The duties claimed against Papakura are directed at fitness for the purpose for which the water was used with no limit on that use at all. The damage occurred at two of the Hamilton properties serviced by the town supply, but not at a third where town supply water was not used. 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). The appellants submission is that reliance is in general to be readily inferred by the buyer choosing a seller whose business it is to sell goods of the kind required. Papakura is a suburb of Auckland, and is under authority of the Auckland Council, in northern New Zealand. The train trip would take a commuter travelling into Auckland central business district 2 hours and 20 minutes, swapping to Auckland Transport's electric rail at Papakura. St Mary's Catholic Church. Papakura District er eit av sju lokale distrikt i regionen Auckland på New Zealand.Det ligg nær den sørlegaste delen av Auckland City, og utgjer delar av områda som uformelt vert kalla South Auckland og East Auckland (Sør- og Aust-Auckland).. 30. For the current status of council services and closures - Learn more COVID-19 Alert Level 1. It is true, of course, as the majority point out, that Papakura sold only water and only water coming from one particular source. 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. Papakura Road District -Valuation Assessment 1-362, 1914 - 1921, BAAR A137 506 / b 1/122, Archives New Zealand, Auckland Property File, 30 Great South Road (Takanini), PT Lot 2 DP41239 Lot 1 DF5477130800/111, 3. The Mayor of Papakura was the head of the municipal government of Papakura, New Zealand, and presided first over the Papakura City (1975–1989) and then Papakura District (1989–2010). Education and learning. The dispute centres around the first two. Bus travel between Tuakau, Pukekohe and Papakura in Auckland is provided by Auckland Transport (look for 'South' and 'Pukekohe' on their 'timetables' page). When they found their crop had been destroyed, they claimed that the water supply company and the local council were at fault, claiming that the water was contaminated by minute traces of herbicide in the water supply. To avail the Hamiltons [the Court continued] any implied term would need to be that the water supplied was suitable for their particular horticultural use . Brown v Hamilton District Council: HL 25 Nov 1982 The pursuer sought a declaration that he was a homeless person and therefore entitled to assistance. The Waikato District Council and Hamilton City Council will also vote on the business case at their respective meetings this month and NZTA to consider the project in December. Corporate Information Team Leader Listed five days ago 5d ago at Horizons Regional Council. Council remains committed to achieving high-quality environmental outcomes throughout its works in Peacocke and continues to work with all landowners. 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. Judicial Committee of the Privy Council. Manurewa-Papakura Ward Daniel Newman, Councillor Manurewa-Papakura Ward The Manurewa-Takanini-Papakura Area Plan is a synthesis of excellent planning and place-making work led by Auckland Council in partnership with the Manurewa and Papakura local boards as well as other stakeholders. The claim was that the herbicide had contaminated the water in the lake and that that contamination in turn had damaged their tomatoes. In our view the same approach has to be applied in this case. Search Menu . Papakura is a suburb within the greater Papakura District, located in the southernmost part of the Auckland region. 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. Little more need be said about them. 37. Buying property . Imagery was captured for the ‘Hamilton City Council’ by Aerial Surveys Ltd, Unit A1, 8 Saturn Place, Albany,0632, New Zealand. 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. 36. That makes no commercial sense. 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. In 1996 Papakura, in writing to a rose grower in Drury, pointed out that most Drury growers had in the past avoided using the town supply because of the elevated levels of boron which made it quite unsuitable for crop irrigation. 60. Mayor. The relevant law here in New Zealand would be the (with respect) witterings of the Court of Appeal in Hamilton v Papakura District Council [2000] 1 NZLR 265 where it recognised that Rylands v Fletcher liability continued to exist, with the following three qualifications: 1. 54. Indeed may be compensated by these employers, helping keep Indeed free for job seekers. 18. Matthews sued Bullocks, inter alia on the basis of section 16(a). Therefore, if the condition applies, the Hamiltons are entitled to succeed even though Papakura was in no sense at fault. 43. On that basis the Hamiltons would have established the first precondition. The manager accepted that, if he became aware of users who believed the water was pure enough for their needs and had reason to believe that might not be so, he would feel obliged to advise them of the risk. Orthophotography in the Hamilton City Council area taken in March 2015. Page 1 of 414 jobs. contains alphabet), Hamilton & Anor v. Papakura District Council (New Zealand). 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. 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). 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. Cars (abandoned vehicles) Cats - wild (feral cats and possums) CCTV - closed circuit television cameras (living in Hamilton) Celebrating Age Centre (community facilities) Cemeteries. Costly and burdensome duty 1844 land purchase, though this was a breach of the reasoning the! Might not be sustained or Papakura was shown to have been some kind of permanent filtration or treatment.! ; Whatawhata lake and that that was wrong both in fact and in means. In bulk from Watercare and it onsells that water was sold to the Hamiltons NZ Tracer... 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