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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 19021
Experience:  32 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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My property was recently subject to being overflown by an aircraft

Customer Question

My property was recently subject to being overflown by an aircraft involved in top dressing, the pilot discharged his cargo, missing the target area and covering my entire property including my buildings and myself with his cargo. I have been informed by the Regional Council that their understanding is that the substance was a type of Lime. I use roof water as my primary source of drinking water and I am concerned that my water has been contaminated by this incident. I am also concerned that my entire property, which we have been attempting to make organic, has been compromised by this reckless and careless action. There is also a concern that this discharge may have polluted the stream running through my property and the foreshore which my property borders onto. The Regional Council representative I have written to does not, in my opinion, seem to be taking this incident seriously and I am wondering if there is an action I can take.
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

christhelawyer :

Hi Welcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear

christhelawyer :

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.

christhelawyer :

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.

Customer :

thanks for that, could you give me some information appertaining to these cases and where I might find the transcripts of them

christhelawyer :

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

christhelawyer :

Springwood Orchard Ltd v CCL Bins Ltd

3 February 2011
Court:
District Court, Hastings
Judge:
Judge Ross
File no:
CIV-2009-020-98
christhelawyer :

A more recent case

christhelawyer :

Hamilton v Papakura District Council [2002] UKPC 9 and [2002] 3 NZLR 308 where the case was lost but has much useful discussion

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