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New Zealand Fire Service Commission v Marlborough Lines Limited [2017] NZDC 4430

Published 01 August 2017

Reserved decision — Summary judgment — suppressing a fire — Forest and Rural Fires Act 1977 s 43 — The Electricity (Hazards from Trees) Regulations 2003 — Tucker v New Zealand Fire Service Commission [2003] NZAR 270 — Environment Agency v Empress Car Co (Abertillery) Ltd [1999] 2 AC 22. The plaintiffs brought aclaim against the defendants for the cost of suppressing a fire caused by electrical power lines owned by the defendant. The defendants argued that they did not cause the fire, the events leading to the fire were extraordinary and that they otherwise took all reasonable steps to preclude the risk of fire. It was argued the tree that caused the fire was outside the regulation zone and therefore the defendant could not have compelled the land owner to remove the tree or have anticipated that the land owner would attempt to fell the tree. The court determined that these were ordinary events and given that the defendant failed to identify and take any steps to deal with the risk, that both the land owner and the defendant caused the fire. Judgment Date: 27 March 2017.

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