Understanding Potential Liabilities in Fire Law
Explore the potential liabilities in fire law with insights from Dr. Michael Eburn, including cases where fire authorities do not owe a duty of care to individuals, statutory protections, and the liability of government authorities. Learn about the implications for land owners, railway companies, and post-bushfire litigation in Australia and New Zealand. Understand the challenges and considerations surrounding recovery of firefighting costs and legal responsibilities in fire incidents.
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Presentation Transcript
Understanding fire law - Potential liabilities Dr Michael Eburn Barrister and Senior Fellow, ANU College of Law and Fenner School of Environment and Society Australian National University
A review of the Australian study Fire authorities do not generally owe a duty of care to individuals. Gardner v Northern Territory (2004) Warragamba Winery v NSW (2012) They are protected for acts done in good faith. Myer v State Fire Commission (Tas) (2012) West v NSW (2012) Regional Rural Fire Chairpersons Conference 11 June 2013 2
Land owners Railway companies Post bushfire litigation 1867-2009 1867 1884 Electricity suppliers Fire and land management agencies 1977 1995 1979 1997 2009 2009 Regional Rural Fire Chairpersons Conference 11 June 2013 3
Making people pay The Australian authorities do not have a track record of seeking to recover the costs of fire fighting The power exists under the Bushfires Act 1980 (NT) s 57A and the Bush Fires Act 1954 (WA) s 58. Similar to Forest and Rural Fires Act 1997 (NZ) s 61(5) but appears never to have been used. Regional Rural Fire Chairpersons Conference 11 June 2013 4
New Zealand liability of fire authorities One case where a fire authority has been sued (Maceachern v Pukekohe Borough [1965] NZLR 330). Statutory protection: Fire Service Act 1975 (NZ) s 43; Forest and Rural Fires Act 1977 (NZ) ss 55- 57. Regional Rural Fire Chairpersons Conference 11 June 2013 5
Liability of government authorities Crown Proceedings Act 1950 (NZ); North Shore City Council v AG [2012] NZSC 49: Foreseeability; Proximity; Is it fair just and reasonable ? Regional Rural Fire Chairpersons Conference 11 June 2013 6
Making people pay Forest and Rural Fires Act 1977 (NZ) s 43: Recovery from person responsible for fire. Responsible means the cause in fact, not legal responsibility. An extraordinary event, even if the cause of a fire, does not create responsibility. Tucker v NZFSC [2003] NZAR 270 Regional Rural Fire Chairpersons Conference 11 June 2013 7
West v NZFSC [2007] NZHC 1274 The express provisions in the Act (in particular s 43) overrides earlier common law rights with respect to entry to private property. The defendant was liable for the reasonable costs of the fire prevention. Regional Rural Fire Chairpersons Conference 11 June 2013 8
The rule in Rylands v Fletcher (1868) Remains part of NZ law. (Easton Agriculture Ltd v Manawatu-Wanganui Regional Council [2011] NZHC 1005; Owens Transport Ltd v Watercare Services Ltd [2010] NZHC 473) Liability extends to the costs of fighting a fire, not just the diminution in value of the land. (New Zealand Forest Products v O'Sullivan [1974] 2 NZLR 80). Regional Rural Fire Chairpersons Conference 11 June 2013 9
Questions? Comments? Michael Eburn P: +61 2 6125 6424 M: +61 409 727 054 E: michael.eburn@anu.edu.au Regional Rural Fire Chairpersons Conference 11 June 2013 10
