7 Sept 2011
EASTON AGRICULTURE LIMITED v MANAWATU-WANGANUI REGIONAL COUNCIL HC PMN CIV-2008-454-31
- Citation
- openlaw-fbe533de_5977_4ca0_9c0f_62d46257b851.pdf
- Court
- High Court
Section 148 of the Soil Conservation and Rivers Control Act 1941 confines non-negligence causes of action, the Council owed a duty of care to monitor and maintain the floodway stopbanks and breached that duty by failing to identify and repair a 150mm gap under the trestle bridge, but plaintiffs failed to prove on the balance of probabilities that that breach caused the catastrophic failures and resulting flood losses; judgment for defendant.