New Zealand Law
Ask a New Zealand Law Question, Get an Answer ASAP!
Hi Welcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
There have been a number of cases over the years where people have successfully sued for this sort of negligence. Your next step is to tell them that you require decontamination, and cleaning by the topdressing form, who should contact. Tell them that if they do not address this then you will sue them for the damage caused which will include any effect on your health, the costs of cleaning to ensure your water is useable, and any setback in progress to organic farming.
You chould gather evidence, such as photos, and statements from peoplw who saw this and prepare to show this to them at the appropriate time. their liability is clear. Assesing the damages will be more complex of course.
thanks for that, could you give me some information appertaining to these cases and where I might find the transcripts of them
I will give some references and some sites. The most complete database is www.nzlii.org.nz which is free. You can also use this site http://jdo.justice.govt.nz/jdo/Introduction.jsp
On spray damage see this case http://www.nzlii.org/cgi-bin/download.cgi/cgi-bin/download.cgi/download/nz/cases/NZHC/1983/8.pdf
Springwood Orchard Ltd v CCL Bins Ltd
A more recent case
Hamilton v Papakura District Council  UKPC 9 and  3 NZLR 308 where the case was lost but has much useful discussion
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).