16Liability arising out of flow of water etc.[[8]](#endnote-9)

16 Liability arising out of flow of water etc.[[8]](#endnote-9) (a) there is a flow of water from the land of a person onto any other land; and (b) that flow is not reasonable; and (c) the water causes— the person who caused the flow is liable to pay damages to that other person in respect of that injury, damage or loss. (a) a person interferes with a reasonable flow of water onto any land or by negligent conduct interferes with a flow of water onto any land which is not reasonable; and (b) as a result of that interference water causes— the person who interfered with the flow is liable to pay damages to that other person in respect of that injury, damage or loss. (3) If the person who caused, or interfered with, the flow (as the case requires)— (a) is the servant of another person and acted in the course of the servant's employment; or (b) is the agent of another person and acted within the scope of the agent's authority— that other person is liable to pay damages in respect of the injury, damage or loss. (4) The existence of a liability under subsection (3) does not extinguish the liability of the servant or agent under subsection (1) or (2), as the case requires. (5) If the causing of, or the interference with, the flow (as the case requires) was given rise to by works constructed or any other act done or omitted to be done on any land at a time before the current occupier became the occupier of the land, the current occupier is liable to pay damages in respect of the injury, damage or loss if the current occupier has failed to take any steps reasonably available to prevent the causing of, or the interference with, the flow (as the case requires) being so given rise to. (6) The existence of a liability under subsection (5) extinguishes the liability under subsection (1) of the person who caused the flow or the liability under subsection (2) of the person who interfered with the flow (as the case requires).