A fatal house fire that started in a child’s bedroom at a rented property in Southland, killing a mother and her son, has been ruled an accident by the Coroner.
There were no smoke alarms in the house when 11-year-old Kelly Kerr and his mum Kellyanne Kemble Kerr died - but no action will be taken against the property owner due to the nature of the rental agreement.
Kellyanne and Kelly were found in their burned-out home at Manapōuri, 22km south of Te Anau, on July 4, 2024.
Coroner Heather McKenzie has today released her findings into the tragedy.
“The fire started in Kelly’s bedroom, and the cause was attributed to a 3kW industrial-type heater. The fire started either from radiant heat igniting combustible materials or the overheating of electrical components, to either the lead, plug, wall socket, or multi-box,” she said.
“The combustible material was primarily bedding. The point of origin was between the two beds in Kelly’s bedroom.”
Coroner McKenzie ruled that the cause of death for both Kellyanne and Kelly was smoke inhalation.
Kellyanne also had a heart condition, which meant her death would have happened “more rapidly”.
Coroner McKenzie heard that the house where the pair lived with Kellyanne’s partner, Jason Hoggard, was “known to be cold” and heaters and a wood burner were “often used”.
Kelly slept in a bedroom, and his mother and Hoggard slept in the lounge. Hoggard was away working on a charter boat on the night of the fire.
“The night was very cold, dropping to -0.1Cs,” the Coroner said.
“At about 3.35am, neighbours heard explosions and yelling. They saw flames coming from 31 View St and called emergency services.
“The Manapōuri Volunteer Fire Brigade attended, but the house was engulfed in flames. The fire brigade extinguished the fire with the help of the Te Anau Volunteer Fire Brigade.
“The dwelling was extensively fire-damaged. Kellyanne was found in the lounge and Kelly was found in his bedroom under the bed. It cannot be known whether Kelly was sleeping under the bed - he sometimes slept on the floor - or if he was trying to escape the fire and thought this to be a safe place.”
Fire and Emergency New Zealand investigated the fatal incident and found four possible causes, or a combination of events:
Fire and Emergency NZ said it was “common for the wood burner door to be left open” in the house in an attempt to increase the warmth. However, there was no evidence that the fire started near the wood burner or anywhere else in the lounge.
Fire and Emergency NZ also reported that there was only one door available for use by occupants entering or exiting the house.
“Other exits were blocked,” said Coroner McKenzie.
“Fire and Emergency NZ classified the incident as accidental and noted that there were no working smoke alarms.
“I note that there were no surviving witnesses to confirm how the fire started and that the Fire and Emergency NZ evidence and conclusions are consistent with other evidence before me.”
Coroner McKenzie did not make any recommendations aimed at preventing similar tragedies.
“I am mindful of existing public safety campaigns relating to fires, including those on Fire and Emergency NZ’s website,” she said.
“Fire and Emergency NZ provides information and advice about fire alarms and the safe use of heaters, including not having combustible materials close to them. In this setting, I do not make any further recommendations.”
In September 2024, the Herald revealed that the fire was being “assessed” by government investigators due to the fact it occurred in a rental property.
Under New Zealand legislation, landlords must install long-life photoelectric smoke alarms in rental properties, placed within three metres of each bedroom door and on every level of a multi-storey home.
Landlords are responsible for ensuring alarms are working at the start of a tenancy and replacing them at their expiry date. Tenants are responsible for replacing batteries in battery-powered alarms and reporting any faults.
Because of this, the Ministry of Business, Innovation and Employment took a closer look at the circumstances of the fire.
The move was welcomed by Kellyanne’s daughterm Jess, who told the Herald at the time she could not stop thinking her mother and brother would still be alive if alarms had been in place and operating properly.
“It’s been horrible... they could potentially still be alive right now. Our lives and souls have been destroyed, and we will never be the same again,” she said.
“The memory and image of two caskets being buried on top of each other is something I will never forget... we don’t even have any of their belongings to remember them by, everything was lost.”
Jess said her mother did not have a formal rental contract with the owner but a verbal agreement was in place and she paid rent.
“I have had people tell me I just have to accept it, that smoke alarms would not have helped or made a difference... but it could have, they could still be here right now,” she said.
“I wasn’t there... I feel a lot of guilt about that. I could have helped them, I could have rescued them... saved them.”
MBIE’s national manager of tenancy compliance and investigations, Brett Wilson, confirmed no action will be taken in relation to the fire.
“Following an initial investigation, the MBIE Tenancy Compliance and Investigations Team established that the property was not covered by the Residential Tenancies Act 1986 as the arrangements at the property did not meet the definition of a residential tenancy,” he said.
“In those circumstances, TCIT had no jurisdiction to investigate further or take any enforcement action.
“I extend deepest sympathies to the whānau and friends of the mother and son.”
Anna Leask is a senior journalist who covers national crime and justice. She joined the Herald in 2008 and has worked as a journalist for 19 years with a particular focus on family and gender-based violence, child abuse, sexual violence, homicides, mental health and youth crime. She writes, hosts and produces the award-winning podcast A Moment In Crime, released monthly on nzherald.co.nz