Civil liability and pesticide spraying

A recent decision of the Court of Appeal in New Zealand has important implications for those involved in pesticide spraying, and suggests that where damage is accidentally caused to others the absence of fault will be no defence. The Court was applying common law principles which apply in Britain, and while the decision is not binding on British courts it is likely to be treated as a persuasive authority should a similar case arise here.

In Attorney-General v Geothermal Produce (NZ) Ltd ((1988) Commonwealth Law Bulletin, Vol 14, No 4), a Government Department had employed an independent contractor to spray roadside weeds from a truck. As a result of his negligence, 2,4,5-T drift damaged roses being grown for export by Geothermal Produce. Since the contractor had few resources, the company sued the Government Department, represented by the Attorney-General, for compensat

Please sign in or register to continue.

Sign in to continue reading

Having trouble signing in?

Contact Customer Support at
or call 020 8267 8120

Subscribe for full access

or Register for limited access

Already subscribe but don't have a password?
Activate your web account here