16 Nov 2007
WEST V NZ FIRE SERVICE COMMISSION AND ANOR HC HAM CIV 2007-419-001531
- Citation
- openlaw-ce8657d7_00cc_4604_b7d5_73b449be7f17.pdf
- Court
- High Court
The High Court dismissed the appeal, upholding the District Court's findings that Mr West was responsible for the fire, that the authorities' entry and suppression measures were authorised and reasonable under the Forest and Rural Fires Act 1977, and that costs incurred were properly recoverable under ss41 and 43; constitutional or historic instruments (Magna Carta, Treaty of Waitangi) do not displace valid statutory powers and do not excuse liability.