43. Recovery from person responsible for fire---(1) Where any property
has wholly or partially been destroyed or damaged by or safeguarded from
an outbreak or threat of outbreak of fire, and responsibility for the
outbreak is acknowledged by, or is established by action or otherwise as
caused by, any person---
(a) The costs of control, restriction, suppression or extinction of
the fire may be recovered from that person by the Fire Authority
or the New Zealand Fire Service Commission or the eligible
landholder or eligible landholders of the forest area affected,
as the case may be, incurring those costs pursuant to fire
control measures under this Act; and
(b) Any loss in, or diminution of, value of that property, and any
consequential loss or damage not too remote in law, may be
recovered from that person by the owner of the property.
(2) The amount of the costs so recoverable may be wholly or partially
established by agreement, or by a Rural Fire Mediator, or by proceedings
under section 48 (4) of this Act.
(3) This section shall be deemed to be supplementary to and not in
substitution for any other rights of recovery that may exist in law or
by enactment or otherwise howsoever.
(4) Before imposing any levy under section 46 . . . of this Act, a
Fire Authority shall reasonably endeavour to recovery its costs pursuant
to this section.
In subs. (4) the words ``or section 47'' were omitted by s. 18 (b)
of the Fire Service Amendment Act 1986.