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''Attorney-General v Geothermal Produce New Zealand Ltd'' () 2 NZLR 348 Is an important case in New Zealand regarding cases involving negligence, more specifically regarding foreseeability of loss and the duty to mitigate loss. ==Facts== Geothermal Produce grew roses in one greenhouse heated by geothermal steam. From the revenue generated from that greenhouse, Geothermal had plans in the future to build 3 more greenhouses to grow roses in. Unfortunately for Geothermal, on 13 April 1980, just as the flowers had gotten to the stage to be cut and exported, Goldie Applicators Limited, a weed spraying contractor, under the instructions of the Department of Lands and Survey who were in charge of managing Crown land directly across the road from Geothermal’s greenhouse, sprayed the toxic chemical 245T, to control the noxious plant broom, with the contractor spraying as close to 30 feet away from Geothermal’s greenhouse. At some point the spray drifted into the ventilation system of the greenhouse, which resulted in the loss of the entire rose crop. At the time, the NZ Government was aware that the greenhouse was near the spraying area, as well as being aware of Geothermal’s plans for the three new greenhouses. Geothermal waited 8 months before they removed the dead roses (to see if they recovered) Aside from that delay, Geothermal also faced further delay in restarting the business (by replanting). Due to their business loss, they did not have the capital to immediately pay to replant the flowers. However, the director of Geothermal had substantial land holdings, which he could have either sold, or mortgaged to have immediately restarted the business, but chose not to do so. In an effort to limit its liability, the NZ Government lent Geothermal $99,000 in September 1980 via the DFC and, a year later, in October 1981, $91,734 via the Crown Law Office. As these amounts did not cover the trade creditors, and so did not help Geothermal restart their business, a judge referred to these loans as "too little, too late", as Geothermal needed $250,000 to replant the lost flowers. Ultimately, the flowers were only replanted under a new company, part owned by the NZ Government. Geothermal sued the Attorney General (effectively suing the government) for damages of $2,034,000 for the loss of the rose crop and the loss of future earnings, including the 3 greenhouses that had been planned to be built. The High Court ruled that even though that the Department of Lands did not spray the chemical themselves, and despite the negligence being on the part of their independent contractor Goldie Applicators, the Department was just as liable for damages on 4 grounds: 1. Negligence, as they owed Geothermal a Duty of Care 2. Also held the department vicariously liable for negligence, as the spraying was in a dangerous or extra hazardous operation (the department was aware of the nearby greenhouse), that the department should have had a staff member supervise the spraying (which they did not). 3. Nuisance, as spraying in the vicinity of a greenhouse was an unwarranted and unreasonable use of crown land. 4. Held that the Department be liable under the Rylands v Fletcher principle. The High Court of New Zealand found both the Department of Lands and Goldie Applicators Limited negligent for the loss and awarded Geothermal reduced damages of $667,000. The Attorney General appealed to the New Zealand Court of Appeal. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Attorney-General v Geothermal Produce New Zealand Ltd」の詳細全文を読む スポンサード リンク
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