SUPREME COURT Fire causes damages claims of $38,000

Press, Volume CXV, Issue 33814, 10 April 1975, Page 15

SUPREME COURT Fire causes damages claims of $38,000

The hearing of claims for damages totalling more than 538,000 arising from a tussock fire in the Hakataramea Valley, South Canterbury, in June, . 1972, which spread over 8500 acres of farmland, will conclude in the Supreme Court today. Mr Justice Somers is presiding. The case began in the Supreme Court in Timaru early in March and after three days was adjourned to the Christchurch Supreme Court. Yesterday one witness for the defence gave evidence and counsel made final submissions. i Evidence was given at Timaru that on the afternoon of Thursday, June 22. sparks from controlled burning off of matagouri on the Hakataramea station were caught by a whirlwind and blown | into a gully. The fire which resulted raged over 6000 acres of I tlie Hakataramea station and 2000 I acres of an adjoining Crown property. Highland Farm Settlement. The owners of Hakataramea station, the Mount Fortune Pastoral Company. Ltd, claimed damages of 530.700.34 from William Peter Nehoff, a North Otago agricultural contractor, who was cited as the first defendant, and Nehoff Cultivation, Ltd. the second defendant. In a second action, the Attor-ney-General, suing on behalf of the Lands and Survey Department, claimed damages of $7349.64 from Mr Nehoff, the first defendant, Nehoff Cultivation. Ltd, the second defendant, and the Mount Fortune Pastoral Company, Ltd, the third defendant. Messrs W. M. Wilson and G. D. Mackay appeared for the Mount Fortune Pastoral Company, Ltd, Messrs M. M. Mitchell and M. i R. D. Guest for Mr Nehoff and • Nehoff Cultivation, Ltd, and Mr! J. O. Upton for the AttorneyGeneral.

Colin George Weir, a witness called by Mr Mitchell, said that he was a farmer of Trwell. Until a year ago he had farmed all his life in Hakataramea Valley, first with his father and then on his own. He had a 2284-acre farm with land similar to that of the Hakataramea station.

Over the years Mr Weir said that he and his father had brought in native land. The accepted method was by burning off. A 20ft wide strip would be ploughed around the area to act as a fire break and a match put to it. That method applied to land covered by both tussock and matagouri. The same method was used by other farmers in the valley. Last block The last block he had broken in was one of 250 acres, Mr Weir said. He would only burn off in suitable conditions, and two or three men would be in the vicinity. He had never had a fire escape from his property. Matagouri was burnt off in the autumn or winter and was usually easily controlled. It was easier to control than tussock because it was slow burning. ; Mr Weir said that Mr Nehoff used the same system to clear native land. Tie was familiar with the area where Mr Nehoff started the fire. Witness was a volunteer fire fighter on the day of the blaze.

He would have burned in that area at that time — towards the end of June, said Mr Weir. There had been a snowfall about a fortnight before and the ground was quite damp. His homestead was at 1500 ft and the area where the fire was lit was about 300 ft higher. He usually burned off in March or April before the frosts started. In June the valley was damper and the vegetation was more difficult to burn.

He bad experienced whirlwinds, i in the valley in December. Janu- : ary, and February, during harvesting, but he could not recall one during June. The fire had spread on to his. property and had burned about 20 acres, Mr Weir said. The fire did more good than harm because it cleaned the area up . and enabled fresh feed to come ! away in the spring. When he was going to school. Jthe Hakataramea station burnt off every year, but that practice, , had now ceased, because it was not needed because of heavier stocking. Smaller fires for land clearing had continued. The area burned, by the fire !on other properties had also come away well in the spring, but top-dressing would have' ;given better results. When land’ I was top-dressed after a fire there was better growth and there was ■an opportunity to put. in small 'seeds which gave better long-' ' term results. The burning off of over-, growth on the Highland Farm Settlement got rid of matagouri,; especially in the valleys, and' that made the mustering of; stock easier. The greatest dam-

age caused b\ the fire was to trees. Some top-dressing and oversowing were done on the Mount Fortune and Highland blocks and there was a very good, response. The growth was better than before the fire. Mr Weir said. 1 To Mr Upton. Mr Weir said that he had kept stock off the burnt area on his property until; it regenerated because there , was a crop in the area above it. It was the usual practice to . keep stock off until a burned area regenerated. LESS USED Mr Upton: Would you agree that burning ofl as a method of ground clearance in Hakataramea Valley is used very much less 1 .than in bygone years?—Yes. Mr Weir said that rotary , slashers had not proved satis-. factory in clearing matagouri. He used fire to clear matagouri mainly because of economic considerations. No successful ! method had been discovered to clear matagouri by chemical , means. He agreed that fire by. , its very nature required' 'stringent control. • Counsel were making legaJ submissions when the Court rose.