Previous - Contents - Search Acts - List of Acts - Next

Forest and Rural Fires Act 1977  052
Commenced: 1 Apr 1979
III: Fire Control Finance
43   Recovery from person responsible for fire




   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.
Previous - - Contents - Search Acts - List of Acts - Next