High Court Wellington
19 February; 7 April 1976
O'Regan J
19 February; 7 April 1976
O'Regan J
Tort — Nuisance — Exercise of statutory powers — Local authority sealing road and discharging water on to plaintiff's land by a drain — Subsequently owners of an increased catchment are permitted by local authority to discharge storm water on to the road increasing flow ninefold — Continuing nuisance — Municipal Corporations Act 1954, s 168; Public Works Act 1928, s 166.
Property law — Easements and profits a prendre — Water — Natural watercourses — Flow increased ninefold by artificial means — Defence of natural servitude unavailable.
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