Leisure Investments NZ Ltd Partnership v Grace - [2023] 2 NZLR 724

Tort — Negligence — Breach of duty — Damage caused by spreading and merging of fire — Fire started by arson of third party — Liability of landowner of adjacent forest park — Failing to meet standard of reasonable chairlift operator — Continuing to run chairlift through forest fire and over flammable ground — Whether spreading and merging of fire caused by landowner’s inaction — Foreseeability — Failing to identify risk of fire spreading — Close proximity of fire — Knowledge — Effort required to eliminate risk — Whether factual errors by Judge material to finding of liability — Damages.

Fire — Recovery from landowner as person responsible for fire — Damage caused by fire — Fire started by arson of third party — Whether new outbreak of fire or spread of existing fire — History of civil liability for damage caused by fire — Causation and responsibility — Whether foreseeability of harm and negligence pre-requisites to liability — Strict liability — Fires Prevention (Metropolis) Act 1774 (GB) s 86.

Tort — Nuisance — Continuing nuisance — Use and enjoyment of land free from unreasonable interference — Liability of landowner for damage caused by fire — Fire started by arson of third party — Reasonableness of conduct — Whether reasonably foreseeable that fire would spread — Steps taken to remove risk of fire spreading — Whether failing to take reasonable steps to remove or abate risk — Whether actions by appellant unreasonable.

Damages — Compensatory — Damage to property caused by fire — Notional reasonable cost of reinstating house — Owners not intending to reinstate house — Repair costs — Diminution in value — Extent of loss suffered — General damages — Special damages — Alternative accommodation — Stress — Use of sustainable materials in rebuild.