Hamilton v Papakura District Council

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.

Hamilton v Papakura District Council (New Zealand)
Court	Judicial Committee of the Privy Council
Full case name	Hamilton & Anor v. Papakura District Council & Watercare Services Limited
Decided	28 February 2002
Citation	[2000] 1 NZLR 265, [2002] 3 NZLR 308, [2002] UKPC 9
Transcript	Privy Council judgment
Court membership
Judges sitting	Lord Nicholls of Birkenhead, Lord Hutton, Lord Rodger of Earlsferry, Sir Andrew Leggatt, Sir Kenneth Keith
Keywords
negligence

Background

The Hamiltons grew hydroponic cherry tomatoes, using the Papakura town water supply to supply their water needs. 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.

They claimed that this was a breach of the Sale of Goods Act [1908].