Easton Agriculture Ltd v Manawatu-Wanganui Regional Council

Sarah Macky, together with senior counsel, acted for the Manawatu-Wanganui Regional Council (the council) defending it from claims of negligence, nuisance, Rylands v Fletcher and breach of statutory duty.

The plaintiff alleged that the council was responsible for the flooding to its land because it failed to identify and repair a gap between the top of the stopbank crest and the top of a trestle bridge and that caused the failure of the stopbank and the inundation of its land. 

The High Court held that the effect of s148(1) of the Soil Conservation and Rivers Control Act 1941 was that the claims for the breach of the stopbank could not succeed in nuisance, Rylands v Fletcher and breach of statutory duty.  

In respect of the remaining negligence claim the court found that the council owed the plaintiff a duty of care to monitor and maintain the stopbanks and that it breached its duty by failing to identify and repair the gap between the top of the stopbank crest and the underside of a trestle bridge.  However the plaintiff was unable to prove that the presence of the gap had caused the catastrophic failures that occurred.

The council escaped laibilty and was awarded costs.