LAW OF TORTS (NZ)

1.Marion leases a portion of the seabed to operate an oyster farm from the Crown in a sheltered Tohunga inlet.Faecal matter has recently been detected in Marion's oysters and they have been declared unsafe to eat by the Ministry of Health and the farm designated 'restricted'.During major rainfall some two weeks before the oyster contamination was detected, raw and partially treated sewerage from ponds at the Tohunga District Council's treatment plant situated some 8 km away, discharged into the Tohunga River which feeds the inlet and, on an outgoing tide, was carried towards Marion's oyster beds, 1200 metres from the mouth of the river.The sewerage has been determined to contain noroviruses, which would make the oysters unfit for human consumption as these are a known cause of gastro-enteritis.There is evidence that many boats also use the inlet and have been known in the past to (unlawfully) discharge human waste directly into the water. In addition, there are several properties with septic tanks in the area.Faecal-borne viruses (including noroviruses) are quickly neutralised in salt water if they travel any distance.Marion has lost significant profits due to the contamination.She claims the capital value of her business is greatly reduced.

Tohunga Council argues that it inherited a grossly inadequate plant in the early 2000s from its statutory predecessor; in particular it had an overburdened and outdated storm water infiltration prevention system.It says that there was a need for a comprehensive upgrade and it has done its best to maintain and perform necessary modernisation with a limited ratepayer-funded budget.

REQUIRED:Advise Marion as to what legal claim she should make against the local authority, what she would have to prove and any obstacles she may have to overcome.Use cases orhypothetical examples to assist your argument.