“The premises were rendered uninhabitable and will require a full rebuild,” tribunal adjudicator Jacci Setefano said in a recently released decision.
A police report provided to the tribunal confirmed that the fire occurred in the lounge where the gas cylinder was being stored and was related to the presence of gas and a cigarette.
A fire investigator deemed the circumstances “suspicious”.
“The evidence indicates that the tenant was aware of the smell of gas earlier in the day, yet chose to smoke a cigarette indoors near a 45kg LPG cylinder – a highly volatile and dangerous combination,” Setefano said.
According to the Environmental Protection Authority, a typical portable domestic LPG cylinder holds 9kg and is the largest cylinder allowed inside a home.
The 45kg cylinders are commonly used for fixed domestic LPG heating installations and should be kept outside.
Tamihana was also not allowed to smoke inside and had said on her pre-tenancy agreement she was a non-smoker.
“The tribunal finds this conduct to be more than carelessness.
“The act of lighting a cigarette indoors in the presence of a gas cylinder, after smelling gas, reflects a knowing disregard for the safety of the property and the certainty of risk.”
Despite the landlords having a valid insurance policy, they incurred an excess of $5000.
“This is an actual, measurable loss arising directly from the tenant’s conduct.”
Setefano said Tamihana was liable for the excess and ordered her to pay the landlord $5000.
Brianna McIlraith is a Queenstown-based reporter for Open Justice covering courts in the lower South Island. She has been a journalist since 2018 and has had a strong interest in business and financial journalism.
