Nuisance - Public Nuisance

Question 1

What is a public nuisance?

Answer 1

A use of land that affects the public, or some section of the public.
- A wrongdoer is impacting many people (normally brought by the Attorney-General/state, unless it is impacting one particular individual, where they can bring a public nuisance claim)

Question 2

Railtrack Plc v Wandsworth London Borough Council [2001] UK🐦

Answer 2

Facts: Wild pigeons roosting under a bridge fouled the pavement below and annoyed local residents.
Issue: Was the owner of a bridge responsible for nuisance to the public caused by roosting pigeons

(It didn’t matter that the people weren’t inviting the pigeons to foul the road, or even be there - as someone still had to clean up the mess)

Question 3

What is the three part test for public nuisance?

Answer 3

1) Do the matters complained of constitute a hazard, ie being dangerous or materially affecting the comfort and convenience of the public – this is different to loss

2) Does [the respondent], as a landowner, have knowledge of the hazard

3) Has [the respondent], taken reasonable steps to prevent the foreseeable effects of the hazard

Question 4

Smith v Fonterra and others [2024] NZSC 🍃

Answer 4

Facts: Is the greenhouse gases emitted by Fonterra able to be considered a public nuisance – these are very big amounts emitted

Strike out claim: Saying that the statement of claim has no cause of action or there is a definite defence

Question 5

What did the court say about whether a nuisance is public in Smith v Fonterra 🍃

Answer 5

“The Court concluded that a nuisance is public if it:
1) affects a class of the public, such as the inhabitants of a local neighbourhood or a representative cross-section of them (the adverse effects need not extend to a public place); and/or
2) infringes rights belonging to the public as such.
(eg someone blocks a road or damages a road)

Question 6

What did the court in Smith v Fonterra 🍃 say about the special damage rule

Answer 6

The special damage rule is a rule of standing. It is said to come down to a “simple question”: whether the damage suffered by the plaintiff is different from that suffered by other members of the community”