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Strange v Andrews - [1956] NZLR 948

$30.00

High Court Wellington
6–10, 13, 14 August; 7 September 1956
Stanton J
Waters and Watercourses — Stopbank erected by Defendants to divert Water overflowing from Drainage Board Drain on to His Property — Such Water flooding Plaintiff's Land — Defendants not doing Anything Unlawful in erecting Stopbank — Foreign Water not "floodwater" — Nothing in Nature of Channel in which that Water was accustomed to run.
Soil Conservation and Rivers Control — Non-observance by Party of Statutory Provisions — No Right of Action against Such Party given to Persons suffering Loss thereby — Soil Conservation and Rivers Control Act 1941, s 155 (1).
Public Works — Erection of Stopbank partly on Unformed Road without Local Authority's Consent — Breach of Statutory Provision — Such Encroachment on Road not giving Right of Action against Person so encroaching or against Local Authority — Public Works Act 1928, s 168 (1) (a).

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